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IN RE FED. BUREAU OF PRISONS' EXECUTION PROTOCOL

No. 19-5322.

955 F.3d 106 (2020)

IN RE: FEDERAL BUREAU OF PRISONS' EXECUTION PROTOCOL CASES, James H. Roane, Jr., et al., Appellees v. William P. Barr, Attorney General, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 2020.

Attorney(s) appearing for the Case

Melissa N. Patterson , Attorney, U.S. Department of Justice, argued the cause for appellants. With her on the briefs were Joseph H. Hunt , Assistant Attorney General, Jessie K. Liu , U.S. Attorney, Hashim M. Mooppan , Deputy Assistant Attorney General, Paul R. Perkins , Special Counsel, and Mark B. Stern , Attorney.

Catherine E. Stetson argued the cause for appellees. With her on the brief were Sundeep Iyer , Pieter Van Tol , Joshua M. Koppel , Arin Smith , Jon Jeffress , Alan E. Schoenfeld , Stephanie Simon , and Shawn Nolan , Assistant Federal Public Defender.

Dissenting opinion filed by Circuit Judge Tatel.

The Federal Death Penalty Act of 1994 (FDPA) requires federal executions to be implemented "in the manner prescribed by the law of the State in which the sentence is imposed." 18 U.S.C. § 3596(a). It is common ground that this provision requires the federal government to adhere at least to a State's choice among execution methods such...

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