“Under Federal law, he cannot receive the FEDERAL death penalty, 18 U.S.C. 351 would not apply.”
One wonders, then, what sort of deal has been worked out for Mr. Loughner. Perhaps it's been coordinated with state prosecutors to avoid a capital charge from the state of Arizona.
Maybe he could under 18 U.S.C. § 1111. I have never heard the federal govt charging someone with ordinary murder.