Lawyers for Luigi Mangione are seeking the dismissal of federal charges against him for the alleged murder of United Healthcare CEO Brian Thompson.

They’re also arguing it is unconstitutional for the federal government to seek the death penalty against him.

Mangione faces both state and federal murder charges. Earlier this week, a judge tossed the state terrorism charges against Mangione.

However, the judge maintained the state’s second-degree murder charges against Mangione.

Mangione’s lawyers had argued the New York case and a parallel federal death penalty case amounted to double jeopardy.

The judge in the case said it would be premature to make such a determination.

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