UNITED STATES v. COUNCIL

No. 20-1, No. 21-8.

77 F.4th 240 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Brandon Michael COUNCIL, Defendant-Appellant. Mental Health Professionals, Amicus Supporting Appellant, Governor Henry McMaster, Amicus Supporting Appellee. United States of America, Plaintiff-Appellee, v. Brandon Michael Council, Defendant-Appellant. Mental Health Professionals, Amicus Supporting Appellant, Governor Henry McMaster, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: August 9, 2023.


Attorney(s) appearing for the Case

ARGUED: Barry Joseph Fisher , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Albany, New York, for Appellant. Ann Adams , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Jaclyn L. Tarlton , Raleigh, North Carolina; Jerome C. Del Pino , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Albany, New York, for Appellant. Kenneth A. Polite, Jr. , Assistant Attorney General, Lisa H. Miller , Deputy Assistant Attorney General, Joshua K. Handell , Appellate Section, Criminal Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Adair Ford Boroughs , United States Attorney, Kathleen Stoughton , Appellate Chief, Columbia, South Carolina, Everett E. McMillian , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Florence, South Carolina, for Appellee. Maya M. Eckstein , Trevor S. Cox , William P. Sowers , HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Amicus Mental Health Professionals. Thomas A. Limehouse, Jr. , Chief Legal Counsel, Wm. Grayson Lambert , Senior Legal Counsel, Erica W. Shedd , Deputy Legal Counsel, OFFICE OF THE GOVERNOR OF SOUTH CAROLINA, Columbia, South Carolina, for Amicus Governor Henry McMaster.

Affirmed by published opinion. Judge Heytens wrote the opinion, in which Judge Wilkinson and Judge Agee joined.


The Federal Death Penalty Act requires us to "address all substantive and procedural issues raised on the appeal of a sentence of death" and "state in writing the reasons for [our] disposition." 18 U.S.C. § 3595(c)(1) & (3). Fulfilling that responsibility, we explain why we affirm Brandon Council's convictions...

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