8:98-cr-00520-PJM-2) UNITED STATES OF AMERICA v. Dustin John Higgs

FILED: January 8, 2021
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
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No. 20-18
(8:98-cr-00520-PJM-2)
___________________
UNITED STATES OF AMERICA
Plaintiff - Appellant
v.
DUSTIN JOHN HIGGS
Defendant - Appellee
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O R D E R
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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

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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.

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