The following excerpt is from U.S. v. Cheely, 21 F.3d 914 (9th Cir. 1994):
The fact that the mail bomb statutes do not specify statutory mitigating circumstances does not conflict with the Eighth Amendment. The rules of evidence presently allow for the admission of mitigating evidence. Any error in the exclusion of mitigating evidence that may occur at trial may be appealed as a matter right to this court. This court can also direct the district court to the body of law that has evolved since Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), regarding the manner of conducting sentencing proceedings and the instructions that should be provided to the jury.
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