No. 20-927

United States v. Dustin John Higgs

Lower Court: Fourth Circuit
Docketed: 2021-01-11
Status: Judgment Issued
Type: Paid
Experienced Counsel
Tags: alternate-state-designation criminal-judgment death-sentence-implementation federal-death-penalty-act federal-death-sentence federal-jurisdiction state-death-penalty state-law-repeal
Latest Conference: N/A
Question Presented (from Petition)

Whether the district court erred in holding that it lacked authority after the sentence became final to designate an alternate State under 18 U.S.C. 3596(a), which would mean that a federal death sentence validly imposed under the FDPA becomes permanently unenforceable if the State in which the sentence was imposed later repealed its own death penalty.

Question Presented (AI Summary)

Whether the district court erred in holding that it lacked authority after the sentence became final to designate an alternate State under 18 U.S.C. 3596(a), which would mean that a federal death sentence validly imposed under the FDPA becomes permanently unenforceable if the State in which the sentence was imposed later repealed its own death penalty

Docket Entries

2021-02-16
JUDGMENT ISSUED.
2021-01-15
Response to application from respondent Dustin John Higgs filed.
Main DocumentProof of Service
2021-01-15
Petition for a writ of certiorari before judgment GRANTED. The petition for writ of certiorari before judgment to the United States Court of Appeals for the Fourth Circuit is granted. The December 29, 2020 order of the United States District Court for the District of Maryland is reversed, and the case is remanded to the Court of Appeals with instructions to remand to the District Court for the prompt designation of Indiana under 18 U. S. C. §3596(a). The application to vacate stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted. The January 13, 2021 order of the Court of Appeals granting a stay is vacated. JUSTICE KAGAN would deny the petition for writ of certiorari before judgment and the application. Justice Breyer, dissenting. (Detached Opinion). JUSTICE SOTOMAYOR, dissenting. (Detached Opinion).
2021-01-15
Application (20A134) referred to the Court.
2021-01-15
Application (20A134) granted by the Court. The application to vacate stay presented to THE CHIEF JUSTICE and by him referred to the Court is granted. The January 13, 2021 order of the Court of Appeals granting a stay is vacated.
2021-01-14
Application (20A134) to vacate stay, submitted to The Chief Justice.
Main DocumentLower Court Orders/OpinionsProof of Service
2021-01-14
Reply of petitioner United States filed.
Proof of ServiceMain Document
2021-01-13
Brief of respondent Dustin John Higgs in opposition filed.
Main DocumentProof of Service
2021-01-11
Petition for a writ of certiorari before judgment filed. (Response due February 10, 2021)
Proof of ServicePetition

Attorneys

Dustin John Higgs
Matthew C. Lawry — Defender Assoc. of Phila., Respondent
United States
Elizabeth B. Prelogar — Acting Solicitor General, Petitioner