US v. Dustin Higgs, No. 20-18 (4th Cir. 2021)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 8, 2021.
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FILED: January 8, 2021 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ___________________ No. 20-18 (8:98-cr-00520-PJM-2) ___________________ UNITED STATES OF AMERICA Plaintiff - Appellant v. DUSTIN JOHN HIGGS 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. For the Court /s/ Patricia S. Connor, Clerk RICHARDSON, Circuit Judge, dissenting: 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. 2
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