This section contains the nature of the case and procedural background.

Jones (D) kidnapped Private Tracie McBride from Goodfellow Air Force Base and brought her to his house and sexually assaulted her. D then took her to a bridge and struck her in the head with a tire iron until she died. D was charged with kidnapping with death resulting to the victim. The government decided to seek the death penalty. D was tried and found guilty. The sentencing guidelines for death required that the Government prove beyond a reasonable doubt at least one of the statutory aggravating factors set forth in section 3592(c). The jury found that two of the factors had been proved beyond a reasonable doubt. They found this unanimously; that D had caused the death of Tracie during the commission of another crime and that he committed the offense in a heinous, cruel, and depraved manner. Once D had become death-eligible, the jury had to decide if he should receive that sentence. The jury deadlocked on mitigating factors. D was sentenced to death and appealed because the jury was not informed of what would happen if they deadlocked.

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