United States v. Pedro-Vidal, No. 19-1441 (1st Cir. 2021)
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The First Circuit affirmed the judgment of the district court denying Defendant's motion to strike the federal government's notice of intent to seek the death penalty (Death Notice) that was untimely filed, holding that the district court did not err in denying Defendant's motions to strike the Death Notice.
Under the Local Rules for the United States District Court for the District of Puerto Rico the federal government, if seeking the death penalty, must file a Death Notice within 180 days of an indictment containing a death-eligible offense. A Puerto Rico federal grand jury returned a five-count indictment charging Defendant with three offenses punishable by death. The government, however, did not file a Death Notice until after the 180-day deadline had expired. After Defendant unsuccessfully moved to strike the death penalty he appealed. The First Circuit affirmed, holding that the district court did not abuse its discretion by denying the motion to strike without an evidentiary hearing because the purpose of the Local Criminal Rule was satisfied and the untimely filed Death Notice did not prejudice Defendant.
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