IN RE STERLING-SUAREZ

No. 02-1907.

306 F.3d 1170 (2002)

In re Quester STERLING-SUÁREZ, Petitioner.

United States Court of Appeals, First Circuit.

Decided October 9, 2002.


Attorney(s) appearing for the Case

Juan F. Matos de Juan, Assistant Public Defender, with whom Joseph C. Laws, Jr., Public Defender, and Patricia Garrity, Esq., Research and Writing Specialist, were on brief for petitioner.

David I. Bruck, Federal Death Penalty Resource Counsel, on brief for Federal Death Penalty Resource Counsel Project, Amicus Curiae.

Nelson Pérez-Sosa, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, Sonia I. Torres-Pabón, Assistant United States Attorney, and Edwin O. Vázquez, Assistant United States Attorney, were on brief for respondent.

Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges


BOUDIN, Chief Judge.

In this case, we are asked to construe language in 18 U.S.C. § 3005 (2000), providing that following the indictment of the defendant on a capital crime, the court "shall promptly, upon the defendant's request" assign two counsel "of whom at least 1 shall be learned in the law applicable to capital cases...." We conclude that "promptly" means promptly after indictment, not (as the government asserts) only after the Attorney General has made...

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