U.S. District Judge Margaret Garnett has ruled that federal prosecutors cannot seek the death penalty against Luigi Mangione, accused of stalking and killing UnitedHealthcare chief executive Brian Thompson on 4 December 2024. The court dismissed the firearms-based counts that enabled capital punishment but left two stalking charges that carry a maximum sentence of life imprisonment. Prosecutors were given 30 days to state whether they will appeal. (washingtonpost.com)
The ruling turns on the statutory term “crime of violence”. Following the Supreme Court’s decision in United States v. Davis, which invalidated 18 U.S.C. § 924(c)’s residual clause, courts apply a categorical, elements-based test: an offence qualifies only if its elements require the use, attempted use or threatened use of physical force. Because federal stalking under 18 U.S.C. § 2261A can be committed without proof of such force, it does not qualify; the death‑eligible firearms counts therefore could not stand. (law.cornell.edu)
Two counts were dismissed: using a firearm to commit murder and discharging a silencer‑equipped firearm in furtherance of a crime of violence. The remaining counts are interstate stalking resulting in death and stalking via interstate facilities resulting in death-each punishable by life imprisonment but not capital‑eligible. These track the charges originally outlined by the Justice Department. (justice.gov)
Judge Garnett also ruled that the jury may hear evidence taken from Mangione’s backpack at his 9 December 2024 arrest in Altoona, Pennsylvania. According to prosecutors and prior filings, the bag contained a 9mm handgun, a sound suppressor and a notebook with writings about the health insurance industry. The defence argued the search was unlawful because it preceded a warrant; the court declined to suppress the items. (washingtonpost.com)
Scheduling remains set for the autumn. Jury selection in the federal case is due to begin on 8 September 2026. If the matter proceeds as a non‑capital case, opening statements are scheduled for 13 October; capital scheduling would have delayed that phase until 11 January 2027. Manhattan prosecutors have asked to start the separate state case as early as July, which would require coordination between jurisdictions. (nbcnewyork.com)
Prosecutors allege Mangione selected Thompson because of his corporate role and carried out reconnaissance around the Midtown Hilton ahead of UnitedHealth Group’s investor event. Thompson, a Minnesota father of two, was shot near the hotel entrance. Mangione was arrested five days later at a McDonald’s in Altoona after staff recognised him. (justice.gov)
The Justice Department had sought capital punishment, describing the killing as a “premeditated, cold‑blooded assassination.” With the firearms counts dismissed, that route is closed unless an appeal succeeds. New York’s separate prosecution proceeds under state law, which does not authorise the death penalty. (cnbc.com)
For practitioners, the decision reflects the narrower scope of federal violence enhancements after recent Supreme Court cases. Davis removed the residual clause from § 924(c); Taylor requires a strict elements test; and Borden holds that offences committed with a reckless mental state fall outside the elements clause. Statutes drafted to capture harassment and fear-such as stalking-may therefore be poor predicates for § 924(c) firearms charges. (law.cornell.edu)
In a separate development, federal authorities charged a Minnesota man with impersonating an FBI agent in an apparent attempt to free Mangione from the Metropolitan Detention Centre in Brooklyn. Prosecutors say he arrived with improvised items including a barbecue fork and a pizza cutter; he is now detained at the same facility. (apnews.com)
Judge Garnett also asked the U.S. attorney’s office to confirm within roughly a month whether it will seek appellate review, a step that could affect the timetable. Absent intervention, the federal case will proceed on the two stalking counts only. (washingtonpost.com)