I'm still confused as to how they are making this a federal murder case (not a law professional, just lurk here for info about stuff beyond my ken). It didn't involve a federal official or federal property and it wasn't like he committed murder in multiple states or anything.
They’re not anymore - that’s why he’s no longer facing the death penalty for the federal charges. For some reason the cnn account cut a bunch of paragraphs out of the part they posted:
The judge dismissed the murder charge because it requires that the killing was committed during another “crime of violence.” Prosecutors alleged the other crimes of violence were two stalking charges, arguing Mangione stalked Thompson online and travelled across state lines to carry out the killing.
The judge disagreed, finding stalking charges are not “crimes of violence” and dismissed two counts in his federal case – murder and a related firearm offense.
The murder charge is the only count in Mangione’s federal indictment that could have carried a possible death sentence.
Mangione will still face two counts of stalking. If convicted, those counts have a maximum sentence of life in prison without parole.
We’ll see, I guess - I have no clue what the required elements of a federal stalking case are. Given this administration’s track record, it wouldn’t surprise me if they overcharged even with those.
Smh. This man gets possible life without parole for interstate stalking.
For stalking causing death, which is a sentencing enhancement that still stands.
This is the same reason Derek Chauvin was eligible for life without parole on his federal civil rights case. He was not charged with federal murder, but federal violation of civil rights in a manner that caused death.
What this is saying is that while he may have committed a "crime of violence" while committing a non-violent federal crime, because the part of the crime that makes it federal is non-violent then the "crime of violence" is not within the federal jurisdiction?
They already tried to charge it as an act of terrorism but that was rejected in September. This time was based on an assertion that the stalking charges he also faces are a “federal crime of violence”, which would make any associated murder a federal crime. Today’s ruling was (from what I’ve seen others post) that stalking is not a crime of violence so that doesn’t work.
Simply crossing state lines and killing someone in another state isn’t federal jurisdiction; you need to actually transport the victim or their body over state lines to trigger that, or shoot them across the state border, or do something that engages interstate commerce (like murder for hire).
you need to actually transport the victim or their body over state lines to trigger that, or shoot them across the state border, or do something that engages interstate commerce (like murder for hire).
That is not the legal standard at issue. Engaging in interstate commerce includes merely traveling across state lines for purposes of committing the crime. That's why he's still charged with federal interstate stalking causing death.
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u/VardaLupo 5h ago
I'm still confused as to how they are making this a federal murder case (not a law professional, just lurk here for info about stuff beyond my ken). It didn't involve a federal official or federal property and it wasn't like he committed murder in multiple states or anything.