However, these charges were later thrown out of court on a federal appeal.
Three federal appeals courts have rejected the government's defense of the law.
The decision is at odds with those in several other federal appeals courts.
Since 2005, it's the first time in history that all nine are former federal appeals court judges.
Yesterday's 6-to-5 decision is the first by a federal appeals court to allow such an execution.
In the end he could still go to the federal appeals and buy a mistrial.
The federal appeal has been filed, so the feds will get to try him first.
The organizations file federal appeals when they are called for and absorb the costs.
It is by far the largest federal appeals court.
The retrial was put on hold pending the federal appeal.