United States v. Candelario-Santana, No. 19-1191 (1st Cir. 2020)
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The First Circuit reversed the decision of the district court denying Defendant's motion to strike the government's notice of intent to seek the death penalty on retrial in this case, holding that double jeopardy barred the government from seeking the death penalty.
Defendant was charged with nine counts of committing a violent crime in aid of racketeering and nine counts of using a firearm during a crime of violence. In advance of trial, the government filed a notice of its intent to seek the death penalty on sixteen of those counts. The jury found Defendant guilty on all charges but could not reach a unanimous decision as to punishment. The district court imposed a life sentence without the possibility of release. The First Circuit vacated the conviction, concluding that a courtroom closure during trial constituted structural error. On remand, the government again notified the court of its intention to seek the death penalty. Defendant moved to strike the government's notice on double jeopardy grounds. The district court denied the motion. The First Circuit reversed, holding (1) the first life sentence was an "acquittal," and therefore, double jeopardy barred the government from seeking the death penalty on retrial; and (2) the assumption that the initial penalty-phase jury was properly discharged was incorrect.
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