U.S. App. LEXIS 26538 (8th Cir 12/14/2001) Death sentence reinstated on appeal. "The United States [successfully] argue[d] on appeal that the district court abused its discretion in ordering a new penalty trial because (1) individuals have no enforceable rights in the DOJ death penalty protocol, (2) the district court did not commit error, much less plain error, in admitting testimony concerning Lee's past bad acts and potential psychopathy on cross examination and rebuttal, (3) the district court should not have applied Federal Rule of Evidence 611(b) in its post hearing analysis of the evidence at Lee's capital sentencing hearing, (4) Lee had no right to advance notice of the evidence the government would introduce at the penalty phase, and (5) the government's evidence was not limited by its prehearing statement or acceptance of jury instructions."DELAYED PUBLICATION, AMENDED & DEPUBLISHED OPINIONSNo cases noted.OTHER NOTABLE CASESUSA v. Desir, No. 00-2423 (1st Cir 12/10/01) Under Fed. R. Crim. P. 33, defendant, who failed to state that he knew a juror after juror gave his name and occupation and others notified defendant of the past acquaintance, may not seek a new trial based on "newly discovered evidence".USA v. Ferrera, No. 00-14723 (11th Cir 12/11/01) Hostage Taking Act, 18 USC 1203, which penalizes only aliens, meets constitutional muster under Article I and Due Process.Hutto v. Weber, No. 00-3529 (8th CIr 12/14/01) Sixty year prison term for attempted escape does not violate the proportionality rule of the 8th Amendment even if prisoner's prior crimes were non-violent.Johnson v. Howard, 2001 U.S. App. LEXIS 26666 (6th Cir 12/12/2001) Prisoner's rights verdict affirmed. "Howard appeals the entry of a jury verdict of $ 330,000 against him and in favor of Plaintiff Richard Johnson in Johnson's prisoner civil rights case. Howard claims that the verdict is duplicative, grossly excessive beyond the bounds of due process, and disproportionate to his ability to pay. He also contend