Fill and Sign the Section 848 Dea Diversion Control Department of Justice Form

76.3 Controlled Substances (Death Penalty - Supplemental Instructions) 21 USC § 848(e) et seq. Preliminary Instruction You have unanimously found the Defendant guilty of Count of the indictment, which charged the Defendant with [intentionally killing] [commanding or procuring the intentional killing] of an individual while engaged in or working in furtherance of a continuing criminal enterprise. Title 21, United States Code, Section 848(e), provides that the punishment for that offense may be death. You will now hear additional evidence and will then decide whether to recommend a sentence of death. You cannot recommend a sentence of death unless you find certain aggravating factors to exist and, if so, whether those aggravating factors sufficiently out weigh any mitigating factors to justify a sentence of death. Or, in the absence of mitigating factors, whether the aggravating factors alone are sufficient to justify a sentence of death. An aggravating factor is a factor circumstance specified by law which might indicate, or tend to indicate, that a sentence of death may be justified. A mitigating factor is any fact or circumstance that might indicate, or tend to indicate, that a sentence of death may not be justified. You will now hear evidence from each party relevant to your determination of whether aggravating and/or mitigating factors exist. After the parties present their evidence, I will give you additional instructions which will guide you during your deliberations.