Here is a question for any legal beagles out there. Count 1 of the indictment charges a violation under 49 USC 1472 (i) Aircraft piracy (codified in the 1970 edition of the US Code) which reads in part:
"(1) Whoever commits or attempts to commit aircraft piracy, as herein defined, shall be punished-
(A) by death if the verdict of the jury shall so recommend, or, in the case of a plea of guilty, or a plea of not guilty where the defendant has waived a trial by jury, if the court in its discretion shall so order; or
(B) by imprisonment for not less than twenty years, if the death penalty is not imposed."
At some point (I didn’t bother to research when) this was amended to 49 USC 46502 Aircraft piracy (codified in the 2006 edition, supplement 5 of the US Code) which reads in part:
"(2) An individual committing or attempting or conspiring to commit aircraft piracy—
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding section 3559(b) of title 18, if the death of another individual results from the commission or attempt, shall be put to death or imprisoned for life."
I would expect the law in effect at the time of the offense would control at sentencing, however in this case the the law has been amended to a lessor penalty. Would that have any effect?
