As much as the motivation of the 18 year old racist who killed 10 in Buffalo sickens us,

[jmowreader]

14. And there may not be any federal laws he violated that carry it either

18 USC 249, the federal hate crimes statute, doesn't authorize death sentences.

The only hope of a death sentence comes IF he was carrying M855 steel-core ammo, which qualifies as armor piercing. 18 USC 924, which covers use of guns during crimes of violence, allows a death sentence to be handed down if he was using AP ammo but life without parole if he was carrying regular ammo. You can buy this ammo online and A LOT of shooters like it, so it's very possible he was using it. (And it's REAL easy to tell...the bullet tips are painted green.)

On the other hand, if he'd have shot up a church that would be a death sentence for sure. 18 USC 247, which covers attacks on church property or people engaged in "free exercise of religious beliefs," calls for a death sentence if you kill anyone in a church. This is what put Dylann Roof on death row.