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U.S. v. BREEDEN

Nos. 03-22, 03-23, 03-24.

366 F.3d 369 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Shawn Arnette BREEDEN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Kevin Thomas Cassell, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Michael Anthony Carpenter, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 30, 2004.

Attorney(s) appearing for the Case

ARGUED: Steven David Rosenfield, Charlottesville, Virginia; Pamela Rogers Johnson, Charlottesville, Virginia, for Appellants. William Frederick Gould, Assistant United States Attorney, Charlottesville, Virginia, for Appellee. ON BRIEF: Denise Y. Lunsford, Denise Y. Lunsford, P.C., Charlottesville, Virginia, for Appellant Breeden; David L. Heilberg, Charlottesville, Virginia, for Appellant Cassell; J. Lloyd Snook, III, Snook & Haughey, P.C., Charlottesville, Virginia, for Appellant Carpenter. John L. Brownlee, United States Attorney, Timothy J. Heaphy, Assistant United States Attorney, Charlottesville, Virginia, for Appellee.

Before WILKINS, Chief Judge, and WIDENER and SHEDD, Circuit Judges.

WILLIAM W. WILKINS, Chief Judge:

The Federal Death Penalty Act of 1994 requires the Government to file a notice of intent to seek the death penalty "a reasonable time before the trial or before acceptance by the court of a plea of guilty." 18 U.S.C.A. § 3593(a) (West 2000). Forty-one days before the scheduled beginning of their trial for offenses punishable by death, Shawn Arnette Breeden, Kevin Thomas Cassell, and Michael Anthony Carpenter (collectively, "Appellants...

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