District Court, N.D. New York July 5, 1972, 72-CR-173 (United States v. Bohle)

OPINION

MacMAHON,

*

District Judge.

The defendant Bohle is charged with aircraft piracy under a federal statute (49 U.S.C. § 1472(i)) which, on its face, permits the jury to recommend the death penalty if the defendant is eonvicted. We are, thus, called upon to decide whether, in light of the recent decision of the Supreme Court in Furman v.