UNITED STATES v. HIGGS (2021)

United States Court of Appeals, Fourth Circuit.

UNITED STATES of America Plaintiff-Appellant v. Dustin John HIGGS Defendant-Appellee

No. 20-18

Decided: January 08, 2021

James Andrew Crowell, IV, Esq., Assistant U. S. Attorney, Ellen Nazmy, Sujit Raman, Assistant U. S. Attorney, Office of the United States Attorney, Southern Division, Greenbelt, MD, Debra Lynn Dwyer, Assistant U. S. Attorney, Robert K. Hur, U. S. Attorney, Jason Daniel Medinger, Assistant U. S. Attorney, Sandra Wilkinson, Assistant U. S. Attorney, Office of the United States Attorney, Baltimore, MD, for Plaintiff-Appellant Matthew C. Lawry, Federal Public Defender, Federal Community Defender Office, Eastern District of Pennsylvania, Philadelphia, PA, Stephen Howard Sachs, Baltimore, MD, for Defendant-Appellee

ORDER

Upon consideration of submissions relative to the government's motion to dispense with, or alternatively expedite, oral argument, the court denies the motion in light of the novel legal issues presented.

Entered at the direction of Judge Keenan with the concurrence of Judge Floyd. Judge Richardson dissented from the order and filed a dissenting opinion.

I continue to respectfully dissent from our decision to delay this case by scheduling oral argument two weeks after the scheduled execution. See Order, ECF 15, No. 20-18 (Jan. 7, 2020) (Richardson, J., dissenting). That decision frustrates the Executive's prerogative and ignores the Supreme Court's guidance, both of which provide good reason to decide with dispatch.

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