U.S. v. WAGGONER

No. 00-10252.

339 F.3d 915 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Michael WAGGONER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2003.


Attorney(s) appearing for the Case

Francisco Leon, Tucson, Arizona, for the defendant-appellant.

Paul K. Charlton, Robert K. Miskell, Christina M. Cabanillas, and Sean C. Chapman, United States Attorneys Office, District of Arizona, Tucson, Arizona, for the plaintiff-appellee.

Before: Robert R. Beezer, Sidney R. Thomas, and Richard R. Clifton, Circuit Judges.


Argued and Submitted February 10, 2003 — San Francisco, California.

OPINION

THOMAS, Circuit Judge.

This appeal presents the question of whether 18 U.S.C. § 3005 requires that two attorneys be appointed whenever the government indicts a defendant for a crime punishable by death, even if the death penalty is not sought. We conclude that it does not, and we affirm the judgment of the district court.

I

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