Judge Drops Two Federal Charges Against Luigi Mangione, Eliminating the Death Penalty

MARY CHASTAIN JAN 30, 2026 1:00 PM

Judge Margaret Garnett of the Federal District Court dropped Counts Three and Four against Luigi Mangione, one of which would have had him face the death penalty.

IMPORTANT: This is for the federal case against Mangione, not the state case.

Mangione is accused of murdering UnitedHealthcare CEO Brian Thompson on December 4, 2024.

Mangione originally faced these federal charges:

• Count One: 18 U.S.C. § § 2261A(1)(A) and 2261(b)(1) – interstate travel for the purpose of stalking Thompson, causing his death.
• Count Two: 18 U.S.C.§ § 2261A(2)(A) and 2261(b)(1) – use of electronic communication systems for the purpose of stalking Thompson, causing his death.
• Count Three: 18 U.S.C. § 924(j) – murder of Thompson through the use of a firearm during and in relation to the stalking crimes charged in Counts One and Two.
• Count Four: 18 U.S.C. § § 924(c)(1)(A)(i),(ii),(iii) and (c)(1)(B)(ii) – use of a firearm, which was brandished, discharged, and equipped with a silencer, during and in relation to the stalking crimes charged in Counts One and Two.

Count Three would have put the death penalty on the table under Section 924(j):

(j)A person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm, shall—(1)if the killing is a murder (as defined in section 1111), be punished by death or by imprisonment for any term of years or for life; and(2)if the killing is manslaughter (as defined in section 1112), be punished as provided in that section.

“The crimes charged in Counts Three and Four require that the stalking crimes in Counts One and Two meet the federal statutory definition of a ‘crime of violence’ as a matter of law,” wrote Garnett. “The Defendant has moved to dismiss Counts Three and Four on the ground that this requirement is not satisfied.”

Garnett granted the motion, but said the case will proceed on Counts One and Two.

So Mangione will be charged with causing Thompson’s death under two federal stalking laws, meaning that he will face up to life in prison without parole.

Here’s the definition of 18 U.S. Code § 16 – Crime of violence:

The term “crime of violence” means—(a)an offense that has as an element the use, attempted use, or threatened use of physical force against the person or prop­erty of another, or(b)any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

Garnett admitted that her analysis “may strike the average person-and indeed many lawyers and judges- as tortured and strange, and the result may seem contrary to our institutions about criminal law.”

Garnett said that Supreme Court precedent constrains her.

“But it represents the Court’s committed effort to faithfully apply the dictates of the Supreme Court to the charges in this case,” stressed Garnett.

I am still reading through this opinion, trying to hash it out because, yeah, as she said, it is strange, and I don’t think I’ve ever heard of anything like this before.

Justice Gregory Carro already dismissed the terrorism charge against Mangione in the state case.

Mangione faces a second-degree murder charge in that case.

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