BOURGEOIS v. WATSON (2020)

United States Court of Appeals, Seventh Circuit.

Alfred BOURGEOIS, Petitioner-Appellee, v. T.J. WATSON, Warden, and United States of America, Respondents-Appellants.

No. 20-1891

Decided: December 01, 2020

Before Sykes, Chief Judge, Easterbrook, Kanne, Rovner, Wood, Hamilton, Brennan, Scudder and St. Eve, Circuit Judges. Victor J. Abreu, Attorney, Katherine Cleary Thompson, Peter K. Williams, Attorney, OFFICE OF THE FEDERAL COMMUNITY DEFENDER, Eastern District of Pennsylvania - Capital Habeas Unit, Philadelphia, PA, for Petitioner - Appellee. Paula Offenhauser, Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Southern District of Texas, Houston, TX, Brian L. Reitz, Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Indianapolis, IN, Christopher Jackson Smith, Attorney, DEPARTMENT OF JUSTICE, Criminal Division, Washington, DC, for Respondents - Appellants.

On consideration of petitioner-appellee's petition for panel rehearing or rehearing en banc, filed on October 13, 2020, the judges on the original panel have voted to deny rehearing. A judge in regular active service requested a vote on the petition for rehearing en banc. A majority of judges in regular active service voted to deny the petition for rehearing en banc.

Circuit Judge Wood dissents from the denial of rehearing en banc, on the ground that in her view the petitioner is entitled to a hearing on his claim that his execution will violate the Federal Death Penalty Act, 18 U.S.C. § 3596(c), with whom Circuit Judge Rovner joins.

Accordingly, the petition for panel rehearing or rehearing en banc filed by petitioner-appellee is DENIED. Pursuant to the panel's October 6, 2020 opinion, the mandate shall now issue immediately.

Per Curiam