to identify nonstatutory aggravating factors violates the separation of powers. B. Eighth Amendment Issues Defendant argues that factors (3)— “Endangering the Safety of Others” (4)— “Raciall th Cir. 2003) (same). Nothing in Hurst invites this Court to reconsider these precedential Fourth Circuit cases. Hurst held t elying on 18 U.S.C. § 3593 is premature at this time because § 3593 is the functional equivalent of Rule 403 of the Federal Rules of Evidence. Section 3593 governs the information—that is, evidence—relating to the mitigating and aggravating factors, not the factors themselves. 4 . Other courts considering the issue have reached the same conclusion. Compare People v. Rangel, 62 Cal.4th 1192, 200 Cal.Rptr.3d 265, 367 P.3d 649, 681 (2016), reh’g denied (June 15, 2016) (<HOLDING>) and Ex parte State, No. CR-15-0619, 2016 WL
holding that alabamas capital sentencing scheme which utilizes a factfinding jury remains constitutional under hurst holding that the right applies at capital sentencing in particular holding that hurst did not render unconstitutional californias capital sentencing scheme which utilizes a jury in the factfinding process holding that apprendi did not render  841 unconstitutional recognizing two solutions in a sentencing scheme very similar to hawaiis 1 the present system of fixed terms with factfinding assigned to a jury or 2 reform of the system to create a true sentencing range