The death penalty under 21 U.S.C. 848(e)(1)(A)-(B) was enacted
as part of
the Anti-Drug Abuse Act of 1988 and became effective on November
18, 1988.
See Pub. L. 100-690, Nov. 18, 1988, 102 Stat. 4181. In
passing this
legislation, Congress expressly intended to punish and deter anyone
who
intentionally kills or counsels, commands, induces, procures, or
causes an
intentional killing of: (A) any person while (1) engaging in or
(2) working in
furtherance of any continuing criminal enterprise, or (3) while
engaging in a
major Federal drug felony; or (B) any law enforcement officer
during or in
relation to a Federal drug felony. See 134 Cong. Rec. S.
16042 (daily ed.
Oct. 14, 1988) (statement of Sen. D'Amato); seealso
134 Cong. Rec.
H. 7274 (daily ed. Sept. 8, 1988) (statement of Rep. Gekas).
Offenses under 21
U.S.C. 848(e) include "any person" who commits or causes another to
commit a
drug-related intentional killing as defined by the statute, not
just "drug
kingpins."