Justice Manual § 9-10.190

After a court has imposed a sentence of death, all components involved in defending the conviction(s) and sentence(s), including the direct appeal and collateral challenges, shall be guided by the objectives of ensuring timely resolution of such proceedings and of implementing the capital sentence without unwarranted delays. The following provisions are intended to ensure those objectives are faithfully carried out.

(A) The United States Attorney’s Office in the district of conviction must designate a point-of-contact who will be responsible for ensuring the conviction(s) and sentence(s) are defended in all further proceedings, including the direct appeal and any collateral challenges.

(1) The attorney must notify the CCS of their designation as the point-of-contact, and the CCS must provide the attorney with a corresponding point-of-contact for ongoing coordination.

(2) The attorney must maintain familiarity with the record, including by ensuring that its integrity and accessibility are maintained, and the procedural posture of all proceedings in anticipation of responding to ongoing or expected litigation.

(3) The attorney must coordinate with any other United States Attorney’s Office or Department component that has agreed to handle the direct appeal or a post-conviction proceeding.

(4) The attorney should take steps to maintain up-to-date contact information for the victim’s family.

(5) If the attorney cannot fulfill these duties, the United States Attorney’s Office must designate a new point-of-contact.

(B) The office handling the direct appeal or a post-conviction proceeding is responsible for ensuring compliance with the following requirements.

(1) Upon the filing of the defendant’s opening brief or other equivalent document, the office must consult with the CCS regarding handling, timing, and litigation strategy.

(2) At any point during a direct appeal or post-conviction proceeding, the office must obtain the approval of the Office of the Deputy Attorney General prior to taking any action identified below. To seek such approval, the office must submit a brief request to the CCS (i.e., the Chief, Deputy Chief, and assigned point-of-contact) explaining the reasons for the request and whether those reasons are consistent with the objective of timely resolution of direct appeals and post-conviction proceedings and will not result in unwarranted delay of implementation of the capital sentence. The CCS will forward the request, along with its recommendation on the request, to the Office of the Deputy Attorney General.

(i) Consenting to, taking a position to not oppose, or requesting a stay of the litigation, a stay of execution, or a preliminary injunction barring the execution or the scheduling thereof;

(ii) Consenting to, taking a position to not oppose, or requesting to hold a case in abeyance;

(iii) Consenting to or taking a position to not oppose authorization to file a successive motion for collateral relief under 28 U.S.C. § 2255;

(iv) Consenting to or taking a position to not oppose a certificate of appealability;

(v) Consenting to, taking a position to not oppose, or requesting any form of relief from the sentence of death or the conviction thereof (see, e.g., J.M. § 2-3.221(D));

(vi) Consenting to, taking a position to not oppose, or requesting a briefing schedule under which the parties would have more than 12 months to file their principal briefs;

(vii) Consenting to, taking a position to not oppose, or requesting an extension of time that would enlarge the period the parties have to file their principal briefs beyond a cumulative 12-month period.

(C) If a motion for collateral relief is filed in the district where the inmate is confined, the United States Attorney’s Office in the district of confinement shall promptly notify the CCS and the United States Attorney’s Office in the district of conviction. The United States Attorney’s Office in the district of confinement shall assist the office handling the case in admitting one or more Special Assistant United States Attorneys in the district of confinement.

(D) The CCS shall create, maintain, and keep up-to-date a database for tracking the handling status and progress of capital cases that are on direct appeal or post-conviction review, which shall be accessible to the United States Attorneys’ Offices, the Office of the Deputy Attorney General, and other Department components that may be responsible for litigating capital cases. In each case, the handling office shall be responsible for notifying the CCS of any developments that may affect the timely resolution of the case, including the filing of briefs, dispositive motions, extension or abeyance requests, and judicial rulings.

(1) The office handling a case must immediately notify the CCS when a court issues a stay or preliminary injunction, holds a case in abeyance, authorizes the filing of a successive motion for collateral relief under 28 U.S.C. § 2255, grants a certificate of appealability, or grants any form of relief from the sentence(s) of death or the conviction(s) thereof.

(E) Where a court has not ruled on a pending matter that has been fully briefed for a significant period (e.g., six months), the office handling the case shall consult with the CCS regarding whether it may be appropriate to ask the court for the status of the ruling or to rule expeditiously.

(F) In carrying out the duties described herein, including when making recommendations or providing updates to the Office of the Deputy Attorney General or the Office of the Attorney General, the CCS shall, as appropriate, consult with the Department components that participated in the trial or direct appeal, the Office of the Solicitor General, and the Office of the Pardon Attorney.