context: As the Fifth Circuit has pointed out, there are at least four limitations on a prosecutor's discretion with respect to nonstatutory aggravating factors. A jury must find the existence of at least one statutory aggravating factor before it can even consider proposed non-statutory factors, a prosecutor can only argue those nonstatutory aggravating factors for which the defendant has been given prior notice, a nonstatutory aggravating factor itself must conform with due process jurisprudence, and a district judge is required to screen out any irrelevant and unduly prejudicial information a prosecutor may try to introduce to the jury in order to prove a nonstatutory aggravating factor.
citation_a.signal: no signal
citation_a.identifier: 217 F.3d 989, 1003
citation_a.parenthetical: holding that "the prosecutor's authority to define nonstatutory aggravating factors is a constitutional delegation of Congress's legislative power"
citation_a.sentence: United States v. Paul, 217 F.3d 989, 1003 (8th Cir.2000) (holding that “the prosecutor’s authority to define nonstatutory aggravating factors is a constitutional delegation of Congress’s legislative power”); See also United States v. Tipton, 90 F.3d 861, 895 (4th Cir.1996)(holding that any delegation of legislative authority was permissible, without deciding whether there was in fact any delegation), cert. denied, 520 U.S. 1253, 117 S.Ct. 2414 (1997); United States v. McCullah, 76 F.3d 1087, 1106-07 (10th Cir.1996), cert. denied, 520 U.S. 1213, 117 S.Ct. 1699, 137 L.Ed.2d 825 (1997).
citation_b.signal: see also
citation_b.identifier: 90 F.3d 861, 895
citation_b.parenthetical: holding that any delegation of legislative authority was permissible, without deciding whether there was in fact any delegation
citation_b.sentence: United States v. Paul, 217 F.3d 989, 1003 (8th Cir.2000) (holding that “the prosecutor’s authority to define nonstatutory aggravating factors is a constitutional delegation of Congress’s legislative power”); See also United States v. Tipton, 90 F.3d 861, 895 (4th Cir.1996)(holding that any delegation of legislative authority was permissible, without deciding whether there was in fact any delegation), cert. denied, 520 U.S. 1253, 117 S.Ct. 2414 (1997); United States v. McCullah, 76 F.3d 1087, 1106-07 (10th Cir.1996), cert. denied, 520 U.S. 1213, 117 S.Ct. 1699, 137 L.Ed.2d 825 (1997).