United States District Court, S.D. New York
July 1, 2004.
UNITED STATES OF AMERICA,
JAMILLE CURRY, etc., et al., Defendants.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
In light of the superceding indictment returned today, the
parties are invited to submit memoranda of law, on or before July
7, 2004, addressing the following questions:
1. What if any legal basis exists for submitting to the jury,
either in a unitary or a bifurcated trial, the sentencing
allegations set forth in the superceding indictment?
2. Assuming that a legal basis exists for such a submission,
what if any legal basis exists for bifurcating the trial into
guilt or lack thereof and sentencing phases?
3. Assuming that there is a legal basis for such submission and
that the Court lacks the authority to bifurcate, would the
submission of the sentencing allegations set forth in this
superceding indictment nevertheless violate defendants' rights in
4. Assuming that there is a legal basis for such submission and
that it has the authority to bifurcate, should it bifurcate the
5. In the circumstances of this case, does the Court have
discretion to require a special verdict from the jury as to
sentencing allegations and, if so, should it exercise that
discretion to do so?
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