First Federal Execution in the United States since 2003

Federal capital cases involve exceptionally serious charges, complex constitutional issues, extensive investigation, and the possibility of a death sentence under federal law.

The death penalty is one of the most serious punishments available under American criminal law. Although capital punishment is not available for every homicide or federal crime, federal law authorizes a death sentence for certain qualifying offenses when the statutory requirements are satisfied.

Federal capital cases can be particularly complex because they may involve federal jurisdiction, specialized federal statutes, extensive investigation, constitutional challenges, expert witnesses, mitigation evidence, and a separate sentencing proceeding. When the government seeks the death penalty, the consequences of the case extend far beyond the ordinary sentencing issues involved in many federal criminal prosecutions.

The history of federal executions also demonstrates how unusual these cases are. Daniel Lewis Lee’s execution in July 2020 was the first federal execution in 17 years. The federal government then carried out additional executions in 2020 and January 2021.

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What Is the Federal Death Penalty?

The federal death penalty is a sentence of death authorized by federal law for certain offenses. The governing federal capital-sentencing provisions are contained primarily in Chapter 228 of Title 18 of the United States Code.

Under 18 U.S.C. § 3591, a defendant convicted of an offense for which a death sentence is authorized can be eligible for capital punishment only if specified statutory requirements are satisfied. Among other things, the statute addresses intentional killing, intentional infliction of serious bodily injury resulting in death, certain intentional participation in lethal acts, and certain conduct demonstrating reckless disregard for human life resulting in death. The statute also provides that a person who was under 18 at the time of the offense cannot be sentenced to death.

The Federal Death Penalty Act of 1994 created the modern federal capital-sentencing framework found in 18 U.S.C. Chapter 228. The statute establishes procedures for determining whether a death sentence may be imposed and identifies aggravating and mitigating factors that can be considered during sentencing.

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When Can the Federal Government Seek the Death Penalty?

Federal prosecutors cannot seek the death penalty simply because a crime is serious. Federal law must authorize capital punishment for the particular offense, and the statutory requirements for a death sentence must be satisfied.

Capital cases therefore require a defense that addresses more than whether the defendant committed the charged conduct. The defense may need to investigate the circumstances of the offense, the defendant’s background, mental and developmental history, family history, medical history, military or employment history, and other evidence relevant to sentencing.

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Daniel Lewis Lee and the Resumption of Federal Executions

One of the most significant recent examples of federal capital punishment involved Daniel Lewis Lee.

In 1996, Lee and Chevie Kehoe were convicted in federal court in Arkansas in connection with the murders of William Mueller, Nancy Mueller, and their eight-year-old daughter, Sarah Powell. On May 4, 1999, a jury in the U.S. District Court for the Eastern District of Arkansas found Lee guilty of numerous offenses, including three counts of murder in aid of racketeering. Lee received a federal death sentence, while Kehoe received life imprisonment without parole.

Lee’s case also involved litigation concerning the execution itself. The U.S. Supreme Court’s docket reflects emergency litigation in July 2020 concerning applications to stay or vacate lower-court orders that had delayed the execution. On July 14, 2020, the Supreme Court granted the government’s application to vacate the district court’s preliminary injunction.

Lee was executed by lethal injection at the Federal Correctional Complex in Terre Haute, Indiana, on July 14, 2020. The U.S. Department of Justice stated that he was pronounced dead at 8:07 a.m.

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The Victims’ Family and the Execution Litigation

The Lee litigation also involved an unusual issue concerning the family members of the victims and their ability to attend the execution during the COVID-19 pandemic.

Earlene Peterson, the mother of Nancy Mueller and grandmother of Sarah Powell, publicly opposed Lee’s execution and sought a delay because of concerns about traveling to the execution during the pandemic. Court filings submitted to the Supreme Court documented her concerns about travel, exposure to COVID-19, and her desire to attend the execution at a safer time.

The litigation ultimately reached the U.S. Supreme Court. In Barr v. Lee, the Court granted the government’s application to vacate the district court’s preliminary injunction. Justices Breyer, Ginsburg, Sotomayor, and Kagan dissented from that order.

This distinction is important when discussing death-penalty litigation. A judicial opinion may contain a dissenting analysis or a party’s argument without establishing the governing rule of law.

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Federal Death Penalty Cases Involve Two Major Stages

A federal capital prosecution can involve both a trial concerning guilt and a separate sentencing proceeding concerning whether the defendant should receive a death sentence.

This two-stage structure means that capital defense preparation cannot wait until after a conviction. A defense team may need to investigate mitigation and other sentencing issues from the earliest stages of the case.

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What Are Mitigating Factors in a Federal Capital Case?

Mitigating evidence is evidence that may be relevant to the punishment imposed in a capital case. Federal law expressly provides for consideration of mitigating factors during the capital-sentencing process.

Capital defense investigations can therefore require significantly more than reviewing police reports and interviewing the witnesses who were present during the alleged offense. A defense team may need investigators, mitigation specialists, medical professionals, mental-health professionals, forensic experts, and other specialists depending on the circumstances of the case.

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Why Federal Capital Defense Requires Extensive Preparation

A federal death-penalty prosecution can involve evidence from multiple sources and require investigation over an extended period. The defense may need to address the government’s factual allegations while simultaneously developing evidence relevant to sentencing.

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Federal Death Penalty Versus Illinois Death Penalty

It is important to distinguish federal capital punishment from the death penalty under Illinois state law.

Illinois’s abolition of the state death penalty does not eliminate the federal death penalty. A person accused of a federal capital offense can still face a federal death sentence if the case falls within federal jurisdiction and the applicable statutory requirements are satisfied.

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Attorney Baku Patel and Capital Defense Experience

Attorney Baku Patel has represented defendants in serious Illinois murder cases and has defended eight clients in cases where the State was seeking the death penalty.

During the period when Illinois maintained the death penalty, Illinois established specialized procedures for the appointment and compensation of counsel in capital cases. Illinois law provided for the appointment of qualified counsel in cases in which the death penalty was authorized and had not been waived by the prosecution.

According to the firm’s case history, none of the eight clients represented by Attorney Patel in Illinois death-penalty cases received a death sentence, and none received a life sentence. The firm’s reported results include acquittals, dismissals, reductions of charges, jury verdicts on lesser-included offenses, and parole-eligible sentences.

Past results do not guarantee a particular outcome in another case. Every criminal prosecution depends on its own facts, evidence, charges, applicable law, and procedural history.

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Illinois Abolished the Death Penalty in 2011

Illinois enacted Public Act 96-1543, which abolished the death penalty effective July 1, 2011. The current Illinois statute provides that the death penalty is abolished and that a sentence to death may not be imposed.

The legislation also repealed the Capital Crimes Litigation Act that had governed specialized capital-case procedures under Illinois law. The Illinois Courts later reported that Supreme Court Rule 714, which had governed certification for the Capital Litigation Trial Bar, was repealed in 2013 following the abolition of the death penalty.

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Federal Death Penalty Law Has Continued to Develop

The federal death penalty has continued to be a subject of litigation, legislation, executive-branch policy, and constitutional challenges. The legal landscape can change over time, so a historical article about federal executions should be distinguished from the law and federal enforcement policies in effect today.

For example, the U.S. Department of Justice announced in April 2026 that it had taken steps concerning federal capital punishment, including reinstating a lethal-injection protocol used during the first Trump administration and directing the Federal Bureau of Prisons to expand the execution protocol to include additional methods such as a firing squad.

Those federal policy developments do not change the basic point that a death sentence remains subject to the requirements of federal law and judicial review. Federal capital cases can involve years of litigation before a sentence is carried out.

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What Can a Federal Death Penalty Defense Involve?

Every federal capital case is different, but defense preparation can involve a broad range of legal and investigative work.

Because of the potential consequences, a federal capital case requires counsel who understands federal criminal procedure and the specialized issues that arise when the government seeks a death sentence.

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Frequently Asked Questions About Federal Crimes and the Death Penalty

Does the federal government still have the death penalty?

Yes. Federal law continues to authorize the death penalty for certain qualifying federal offenses. The federal capital-sentencing framework is primarily contained in Chapter 228 of Title 18 of the United States Code.

Does Illinois still have the death penalty?

Illinois abolished the death penalty effective July 1, 2011. Current Illinois law provides that the death penalty is abolished and a sentence to death may not be imposed.

What is the difference between a federal capital case and an ordinary federal criminal case?

A federal capital case involves the possibility of a death sentence and therefore requires additional sentencing procedures and litigation concerning aggravating and mitigating circumstances. The defense may need to conduct an extensive mitigation investigation in addition to defending against the government’s evidence concerning guilt.

Can a federal death sentence be appealed?

Yes. Federal death sentences can be subject to appellate and post-conviction review. Capital litigation can continue for years and may involve multiple stages of judicial review.

What happened to Daniel Lewis Lee?

Lee was convicted in federal court in Arkansas in 1999 and sentenced to death. After extensive litigation, the U.S. Supreme Court vacated a lower-court preliminary injunction on July 14, 2020, and Lee was executed by lethal injection that morning.

Why is a mitigation investigation important in a federal capital case?

Federal capital sentencing includes consideration of mitigating factors. A defense team may therefore investigate a defendant’s family, medical, developmental, educational, employment, and other life history when relevant to the sentencing proceeding.

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Sources and Further Reading

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