in death. In opposing the Defendant’s Motion to Strike the Notice of Intent to Seek a Sentence of Death, the Government recognizes that the defendant’s conduct must have been a substantial factor in the deaths of the victims. The Government, therefore, has supported exposing the defendant to the death penalty by arguing that the conspiracies, themselves, are the “acts” in which the defendant “participated” or “engaged” rendering him death eligible. To withstand constitutional scrutiny, any sentence of death in this case must be predicated on what the defendant, himself, actually did, not on what he may have wanted to do or on what his alleged co-conspirators were able to accomplish on their own. See Tison v. Arizona, 481 U.S. 137, 149, 156-57, 107 S.Ct. 1676, 95 L.Ed.2d 127 (1987) (<HOLDING>); Enmund v. Florida, 458 U.S. 782, 798, 801,
holding that under the elements test possession of a firearm was passive and not a felony inherently dangerous to human life holding that major participation in a felony combined with reckless indifference to human life is sufficient to satisfy the culpability requirement for a sentence of death when that conduct causes its natural lethal result holding that a death sentence for a conviction for the rape of a child where the crime did not result and was not intended to result in death of the victim was barred by the eighth amendment holding that reproduction is not a major life activity holding that if death results requirement under  241was satisfied because death was a foreseeable and natural result of defendants actions