Supreme Court of the United States · Official docket →
United States v. Dustin John Higgs
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-18
Before the decision, about 8.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner and counsel who has won certiorari before.
Question presented
In 2001, the United States District Court for the District of Maryland imposed on respondent Dustin John Higgs nine sentences of death based on respondent’s convictions for the kidnapping and murder of three women on federal land beside the Baltimore-Washington Parkway. Under the Federal Death Penalty Act of 1994 (FDPA), 18 U.S.C. 3591 et seq., “[w]hen the sentence is to be implemented,” a United States marshal “shall supervise implementation of the sentence in the manner prescribed by the law of the State in which the sentence is imposed. If the law of the State does not provide for the implementation of a sentence of death, the court shall designate another State” as an alternate. 18 U.S.C. 3596(a). At the time of respondent’s sentencing, the State of Maryland had death-penalty laws, and so his criminal judgment incorporated the FDPA but did not designate an alternate State. The State of Maryland, however, subsequently repealed its state-law capital punishment regime. The question presented is: 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validly imposed under the FDPA becomes permanently unenforceable if the State in which the sentence was imposed later repealed its own death penalty. (I)
Counsel of record
For petitioner
Brian H. Fletcher
Acting Solicitor General
For respondent
Matthew C. Lawry
Defender Assoc. of Phila.
Proceedings
- Feb 16 2021JUDGMENT ISSUED.
- Jan 15 2021Response to application from respondent Dustin John Higgs filed.
- Jan 15 2021Petition 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).
- Jan 15 2021Application (20A134) referred to the Court.
- Jan 15 2021Application (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.
- Jan 14 2021Application (20A134) to vacate stay, submitted to The Chief Justice.
- Jan 14 2021Reply of petitioner United States filed.
- Jan 13 2021Brief of respondent Dustin John Higgs in opposition filed.
- Jan 11 2021Petition for a writ of certiorari before judgment filed. (Response due February 10, 2021)