Federal Prosecutors Won't Appeal Ruling Barring Death Penalty in Luigi Mangione Case

His state murder trial is set to start in June.

Published on Feb. 27, 2026

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Federal prosecutors have decided not to appeal a judge's ruling that bars them from seeking the death penalty against Luigi Mangione in the killing of UnitedHealthcare CEO Brian Thompson. The judge dismissed a federal murder charge that had enabled prosecutors to seek capital punishment, finding it legally flawed. Mangione, a 27-year-old University of Pennsylvania graduate, has pleaded not guilty in the federal and state cases, which both carry the possibility of life in prison.

Why it matters

The ruling disrupted the Trump administration's bid to see Mangione executed for what was called a 'premeditated, cold-blooded assassination that shocked America.' It was the first capital case brought by the Justice Department in President Donald Trump's second term, and the decision not to appeal the judge's ruling means Mangione will not face the death penalty.

The details

Surveillance video showed a masked gunman shooting Thompson from behind as he walked to a midtown Manhattan hotel for UnitedHealth Group's annual investor conference. Police say 'delay,' 'deny' and 'depose' were written on the ammunition, mimicking a phrase used to describe how insurers avoid paying claims. Mangione was arrested five days later after he was spotted eating breakfast at a McDonald's in Altoona, Pennsylvania.

  • On December 4, 2024, UnitedHealthcare CEO Brian Thompson was killed.
  • Five days after the killing, Mangione was arrested in Altoona, Pennsylvania.
  • Mangione's federal trial is scheduled to begin on September 8, 2026, with opening statements and testimony on October 13.
  • Mangione's state murder trial is set to start on June 8, 2026.

The players

Luigi Mangione

A 27-year-old University of Pennsylvania graduate from a wealthy Maryland family who has pleaded not guilty in the federal and state cases.

Brian Thompson

The 50-year-old CEO of UnitedHealthcare who was killed on December 4, 2024.

Judge Margaret Garnett

A former Manhattan federal prosecutor appointed to the bench by President Joe Biden who dismissed the federal murder charge against Mangione, finding it legally flawed.

Sean Buckley

The Deputy U.S. Attorney who told Judge Garnett that the government will not appeal her decision.

Pam Bondi

The U.S. Attorney General who called Thompson's killing a 'premeditated, cold-blooded assassination that shocked America.'

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What they’re saying

“It's the same trial twice. One plus one is two. Double jeopardy by any commonsense definition.”

— Luigi Mangione

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

What’s next

The judge in the state case said the trial could have been pushed back until September 8 if federal prosecutors had appealed the death penalty ruling.

The takeaway

The judge's decision to dismiss the federal murder charge and bar the death penalty in this case reflects a committed effort to faithfully apply the dictates of the Supreme Court, even if the result may seem contrary to common intuitions about the criminal justice system.