The Judge is right on this one.
Non-homicide crimes which may result in a federal death sentence:
Espionage (18 U.S.C. 794)
Treason. (18 U.S.C. 2381)
Trafficking in large quantities of drugs (18 U.S.C. 3591(b))
Attempting, authorizing or advising the killing of any officer, juror,or witness in cases involving a Continuing Criminal Enterprise, regardless of whether such killing actually occurs. (18 U.S.C. 3591(b)(2))
Sources: Bureau of Justice Statistics, Capital Punishment 2003 report.; Federal Death Penalty Resource Counsel Project
I thought the Patriot Act added terrorism...I'll have to look that up.