United States First Circuit

An order striking a Notice of Intent to Sentence of Death is vacated where: 1) the U.S. Attorneys' Manual cannot create substantive rights for the defendants; and 2) the district court abused its discretion when it failed to consider or allude to any prejudice caused by the government's failure to abide by District of Puerto Rico Local Rule 144.2(b).

Appellate Information

• Decided 04/10/2008
• Published 04/10/2008

Judges

• HOWARD, Circuit Judge., Before LIPEZ and HOWARD, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John Alex Romano, Attorney, Criminal Division, United States Department of Justice, with whom Rosa E. Rodriguez-Velez, United States Attorney, and Antonio R. Bazán, Assistant United States Attorney, were on brief, for appellant.


• For Appellees:
  
• John R. Martin, with whom Martin Brothers, P.C. was on brief, for appellee Rodney Lopez-Matias., David A. Ruhnke, with whom Ruhnke & Barrett was on brief, for appellee Eduardo Riera-Crespo., Steven M. Potolsky for appellee Raymond Alers-Santiago.