Court of Appeals for the Eighth Circuit December 14, 2001, 00-1975 (United States v. Daniel Lewis Lee, Also Known as Daniel Lewis Graham, Also Known as D.L. Graham, Also Known as Danny Lee)

MURPHY, Circuit Judge.

Daniel Lewis Lee was convicted of murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1). The jury returned a verdict of death after the penalty phase, and a sentence of death was imposed under 18 U.S.C. § 3594. Later the district court granted Lee’s motion for a new penalty phase hearing. The government appeals, and we reverse.

I.