C. Non-Statutory Aggravating Factors
[Both the Title 18 and Title 21 capital sentencing provisions allow the
government to rely on non-statutory aggravating factors. See 18 U.S.C.
§ 3592(b)-(d), 21 U.S.C. § 848(h)(1)(B) &
. Identify applicable non-
statutory factors by defendant and offense charged.]
1. Victim Impact Evidence.
2. [Non-Statutory Aggravating Factor. Describe why it applies
and the supporting evidence. The factor must be "sufficiently specific to provide
meaningful guidance to the jury" and have a "core meaning that a criminal jury
should be capable of understanding." Avoid pejorative adjectives that describe
the crime as a whole such as heinous, atrocious, cruel, vile, horrible, and
inhuman.]
MITIGATING FACTORS
A. Statutory Mitigating Factors
[For each death penalty-eligible offender, identify the statutory mitigating
factors that have been raised by the defense or are otherwise suggested by the
evidence in the case. The statutory mitigating factors for Title 18 and Title 21
capital sentencing offenses are set forth at § 3592(a)(1)-(7) and § 848
(m)(1)-(9) respectively. Distinguish mitigation by offense if appropriate.]
B. Non-Statutory Mitigating Factors
[18 U.S.C. § 3592(a)(8) and/or 21 U.S.C. § 848(m)(10) allow the
defendant to present evidence of other mitigating factors. Mitigating factors are
those aspects of a defendant's character, background or the circumstances of the
offense that reflect a reduced personal culpability for the offense or otherwise
mitigate against imposition of a death sentence. Identify the non-statutory
mitigators raised by the defense or suggested by the evidence.]
