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Case 17:26-cv-00833-RMK Document 22Q Filed 08/05/20 Page 18 of 20

furtherance of a drug trafficking crime (Count Five), the murder of Hector Gutierrez through the use of a firearm in furtherance of a drug trafficking crime (Count Eight), and the kidnapping resulting in death of Hector Gutierrez (Count Thirteen), the defendant NICHOLAS TARTAGLIONE:

a. was 18 years of age or older at the time of the offense (Title 18, United States Code, Section 3591(a)(2));

b. intentionally participated in an act, contemplating that the life of a person would be taken and intending that lethal force would be used in connection with a person, other than one of the participants in the offense, and the victim died as a direct result of the act (Title 18, United States Code, Section 3591(a)(2)(C));

c. intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, other than one of the participants in the offense, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act (Title 18, United States Code, Section 3951(a)(2)(D);

d. caused the death, and injury resulting in death, of the victim, during the commission of an offense under Title 18, United States Code, Section 1201 (kidnapping) (Title 18, United States Code, Section 3592(c)(1));

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e. committed the offense after substantial

planning and premeditation to cause the death of a person (Title 18, United States Code, Section 3592(c)(9)); and

f. intentionally killed more than one person in a single criminal episode (Title 18, United States Code, Section 3592(c)(16)).



Geddian S. Perman

GEOFFREY S. BERMAN

United States Attorney

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