9-10.000 - Capital Crimes

9-10.010 - Federal Prosecutions in Which the Death Penalty May be Sought

This Chapter sets forth the policies and procedures for all Federal cases in which a defendant is charged, or could be charged, with an offense subject to the death penalty. The provisions in this Chapter apply regardless of whether the United States Attorney or Assistant Attorney General of the component prosecuting the defendant intends to charge a death-eligible offense or request authorization to seek the death penalty. Pursuant to 18 U.S.C. § 3598, the provisions of this Chapter do not apply to capital offenses committed by a person subject to the criminal jurisdiction of an Indian tribal government when the capital offense is predicated solely on Indian country jurisdiction, as defined in Title 18 U.S.C. § 1151, unless the governing body of the Tribe has elected that such provisions apply. The provisions in this Chapter are effective June 5, 2026, and they apply to any current or future investigations and indicted cases.

[Updated June 2026]

9-10.020 - Relevant Statutory Provisions

Federal death penalty procedure is based on the Federal Death Penalty Act of 1994, codified at 18 U.S.C. §§ 3591 to 3599 (“FDPA”).

[Updated June 2026]

9-10.030 - Purposes of the Capital Case Review Process

The review of cases under this Chapter culminates in a decision to seek, or not to seek, the death penalty against an individual defendant. Each such decision must be based upon the facts and law applicable to the case and be set within a framework of consistent and even-handed national application of Federal capital sentencing laws. Fairness requires all reviewers to evaluate each case on its own merits and on its own terms. As with all other actions taken in Federal prosecutions, arbitrary or impermissible factors—such as racial, ethnic, or religious bias—will not inform any stage of the decision-making process. The overriding goal of the review process is to allow proper individualized consideration of the appropriate factors relevant to each case.

National consistency requires treating similar cases similarly; the location of the crime is not a material difference for this purpose. Reviewers must take care to contextualize a given case within national norms and historical practice. For this reason, the multi-tier process used to make determinations in this Chapter is designed to provide reviewers with access to the national decision-making context and, thereby, to reduce disparities across districts.

[Updated June 2026]

9-10.040 - Consultation With the Capital Case Section

Prior to seeking an indictment for an offense punishable by death, the United States Attorney or Assistant Attorney General shall consult with the CCS to streamline the preparation of submissions under this Chapter, ensure the crafting of charging documents in accordance with the law and policy, and help ensure the meeting of applicable deadlines. If the Attorney General directs pursuit of the death penalty in a particular case, the CCS can provide valuable litigation support and trial assistance.

[Updated June 2026]

9-10.050 - Confidentiality of Process

Except as otherwise provided at J.M. § 9-10.070, the Attorney General will make the final decision whether to seek the death penalty. The Attorney General will convey the decision to the United States Attorney or Assistant Attorney General in a letter directing him or her to seek or not to seek the death penalty. The Chief of the CCS will convey decisions made under J.M. § 9-10.070 by email.

The decision-making process is confidential. Information concerning the deliberative process may only be disclosed within the Department and its investigative agencies as necessary to assist the review of the case at issue. The scope of confidentiality includes, but is not limited to: (1) the opinions or recommendations of the United States Attorney or Assistant Attorney General, the Capital Review Committee (hereinafter the "Committee"), the Deputy Attorney General, the CCS, and any other individual or office involved in reviewing the case; (2) a request by a United States Attorney or Assistant Attorney General that the Attorney General authorize withdrawal of a previously filed notice of intent to seek the death penalty; (3) a request by a United States Attorney or Assistant Attorney General that the Attorney General authorize not seeking the death penalty pursuant to the terms of a proposed plea agreement; and (4) the views held by anyone at any level of review within the Department. The confidentiality requirement does not extend to the disclosure of scheduling matters, the fact that a case has been submitted for expedited decision pursuant to J.M. § 9-10.070 or the level at which review is pending within the Department.

Information subject to confidentiality under this Section may not be disclosed outside the Department and its investigative agencies without prior approval of the Attorney General. The United States Attorneys or Assistant Attorneys General may, however, exercise discretion to place additional limits on the scope of confidentiality in capital cases prosecuted by their offices.

[Updated June 2026]

9-10.060 - Mandatory Pre-Indictment Review

Absent extenuating circumstances, the United States Attorney or Assistant Attorney General shall submit cases for review under this Chapter before seeking an indictment that charges capital-eligible offenses. Extenuating circumstances may include, for example, a need to present capital-eligible charges to comply with the Speedy Trial Act, to address public safety concerns, or to collect or analyze information needed to inform the review process.

If extenuating circumstances preclude the completion of pre-indictment review, the United States Attorney or Assistant Attorney General shall submit, before seeking the indictment, a memo to the CCS explaining the reasons for instituting capital charges before obtaining authorization under this Chapter. The form for this notice is available on the CCS’s site on DOJNet. To prevent undue delay in bringing capital cases to trial, the United States Attorney or Assistant Attorney General shall update the memo every 60 days explaining why the case has not been submitted for the Attorney General’s decision. After 180 days, the United States Attorney or Assistant Attorney General’s update must include a request for additional time, which the CCS will convey to the Office of the Deputy Attorney General for approval. 

To provide sufficient time for the Department’s review and 18 U.S.C. 3593(a)’s requirement to file a death penalty notice a “reasonable” time before trial, the United States Attorney or Assistant Attorney General should initiate review at least 150 days before a scheduled trial and 90 days before the Government is required, by court order, to file a notice of intent to seek the death penalty. If a case is not submitted 90 days in advance of a decision deadline or 150 days in advance of trial, the prosecution memorandum must explain the delay.

[Updated June 2026] [cited in J.M. § 9-10.180]

9-10.070 - Expedited Decision Submissions

Some cases qualify for decisions not to seek the death penalty without review by the Committee or the Attorney General. The CCS Chief may issue decisions not to seek the death penalty when cases fit one or more of the following criteria:

(1) but for proffer-protected statements, the Government's evidence is clearly insufficient to charge the defendant with a capital-eligible offense; or

(2) the Government must extradite a defendant or obtain prosecutorial cooperation from a country that, as a pre-condition for such assistance, requires assurances that the death penalty will not be sought; or

(3) the defendant is ineligible for the death penalty because the evidence is clearly insufficient to establish the requisite intent under 18 U.S.C.§ 3591 or an applicable statutory aggravating factor under 18 U.S.C. § 3592(b)-(d). 

Submissions under (1) and (3) of this Section should include a memorandum describing the relevant facts of the case, the defendant's criminal history, the federal interest in prosecuting the case, the rationale for not seeking the death penalty, and any applicable decision deadlines. They should also describe the basis for expedited decision and whether expedited decision is appropriate in light of any potential further development of admissible evidence that might establish guilt of a capital-eligible offense or of a requisite intent or statutory aggravating factor. 

Submissions under (2) of this Section involving extradition of a defendant should take the form of a memorandum briefly summarizing the facts of the case, noting the defendant’s presence in a country requiring assurances, and stating whether the defendant is currently in, or can readily be taken into, custody. For submissions asserting the need to obtain prosecutorial cooperation from a foreign country, the memorandum should additionally describe whether a capital offense could be charged in the absence of such cooperation.

All submissions under this Section should include sealed non-decisional information forms described in J.M. § 9-10.080(C).

For cases submitted under this Section, the United States Attorney or Assistant Attorney General need not obtain the views of the victim’s family about decisions whether to seek the death penalty. The United States Attorney or Assistant Attorney General’s office should otherwise remain in contact with the victim’s family as appropriate throughout the process and where required by the Crime Victims’ Rights Act (18 U.S.C. § 3771).

If the CCS determines a case does not meet any criteria under this Section, it will refer the submission to the Committee for review as described in J.M. § 9-10.130 and will request the United States Attorney or Assistant Attorney General’s office to obtain the victim’s family’s views about whether to seek the death penalty, per J.M. § 9-10.100.

[Updated June 2026]

9-10.080 - Standard Decision Submissions

Any case falling outside the J.M. § 9-10.070 criteria must be reviewed by the Committee, regardless of whether the United States Attorney or Assistant Attorney General recommends seeking the death penalty. A United States Attorney or Assistant Attorney General contemplating a request for authorization to seek the death penalty or undecided on the matter should, except where contrary to the interests of the Government, give defense counsel a reasonable opportunity to present information for consideration under this Chapter. The United States Attorney or Assistant Attorney General need not solicit input from a defendant prior to submitting a no-seek recommendation when the facts and circumstances known to the United States Attorney or Assistant Attorney General support that recommendation regardless of what mitigation may exist. 

The United States Attorney or Assistant Attorney General shall submit recommendations under this Section to the CCS with the following materials:

(A) Prosecution memorandum. This should be sufficiently detailed to fully inform reviewers of the basis for the recommendation but generally need not exceed ten pages. It should not include demographic information (e.g., race, religion, ethnicity, etc.) about the defendant(s) or victim(s), unless such information is necessary to understand the crime and/or investigation. The memorandum should include:

(1) Deadlines. At the outset, identify any considerations that could affect the timing of the review process including but not limited to any court-established deadline for commencing trial or filing a notice of intent to seek the death penalty.

(2) A brief narrative summary of facts and separate delineation of supporting evidence. Where necessary for clarity or accuracy, a chart of the evidence by offense and offender should be appended.

(3) Discussion of any relevant prosecutorial considerations, including information required to assess the relative culpability of potential cooperators, as further explained in J.M. § 9-10.120.

(4) Discussion of the federal interest in bringing charges.

(5) Discussion of the standards for determination as set forth in J.M. § 9-10.140. The memorandum must identify applicable threshold intent factors under 18 U.S.C. § 3591, applicable statutory aggravating factors under 18 U.S.C. § 3592(b)-(d), and applicable mitigating factors under § 3592(a). In addition, the United States Attorney or Assistant Attorney General should explain whether the aggravating factor(s) found to exist sufficiently outweigh the mitigating factor(s) found to exist to justify a sentence of death, or in the absence of mitigating factors, whether the aggravating factor(s) alone are sufficient to justify a sentence of death.

(6) Background and criminal record of the capital-eligible defendant(s).

(7) Background and criminal record of the victim(s).

(8) Victim impact. Views of the victim’s family on seeking the death penalty and other victim impact evidence should be provided (see J.M. § 9-10.100 (regarding consultations with the victim’s family)).

(9) Foreign citizenship. Identify the defendant’s citizenship status and discuss whether the requirements of the Vienna Convention on Consular Relations have been satisfied (see J.M. § 9-2.173 and Fed. R. Crim. Pro. 5(d)(1)(F)).

(10) Recommendation and rationale for whether the death penalty should be sought.

(B) Death-penalty evaluation form. This standardized death penalty evaluation form, available on CCS’s website, must be completed by the United States Attorney or Assistant Attorney General for each charged defendant.

(C) Non-decisional information form. This form, available on CCS’s website, should be submitted separately to the CCS-Non-Decisional email address.

(D) Indictment. Copies of the current and proposed indictment should be attached. As described in J.M. § 9-10.090, indictments should, if applicable, include the special findings necessary for the death penalty to be authorized by statute.

(E) Draft notice of intention to seek the death penalty. This document is to be included in the submission only if the United States Attorney or Assistant Attorney General recommends seeking the death penalty.

(F) Materials provided by defense counsel. Materials provided by defense counsel as part of the death penalty review process should be submitted to the CCS on an ongoing basis.

(G) Point-of-contact. The name of the assigned attorney in the United States Attorney's Office or Department component who is responsible for communicating with the CCS about the case should be provided.

(H) Relevant court decisions. The point-of-contact has a continuing obligation to update the CCS about developments in scheduling or other material aspects of the case.

The prosecution memoranda, death penalty evaluation forms, non-decisional information forms, and any other internal memoranda informing the review process and the Department's decision are not subject to discovery by the defendant or the defendant's attorney. See Fed. R. Crim. P. 16(a)(2).

[Updated June 2026]

9-10.090 - Special Findings in Indictments

When review under this Chapter results in a decision not to seek the death penalty before the return of an indictment charging capital-eligible offenses, the indictment need not contain special findings allegations under 18 U.S.C. §§ 3591(a)(2) and 3592(b), (c), or (d). For any case in which a capital-eligible crime will be charged before obtaining authorization not to seek the death penalty, the United States Attorney or Assistant Attorney General shall consult with the CCS before indicting to determine whether to include a special findings section.

[Updated June 2026] [cited in J.M. § 9-10.080]

9-10.100 - Consultation with the Family of the Victim

Unless extenuating circumstances exist, the United States Attorney or Assistant Attorney General should consult with reasonably available victim’s family concerning their views about whether the United States should seek the death penalty. Such consultation should also precede a request from the United States Attorney or Assistant Attorney General to withdraw a prior decision to seek the death penalty, or to take any other outcome determinative action. The United States Attorney or Assistant Attorney General should, except as exempted above (see J.M. § 9-10.070), communicate those views in any submission made to the Department or, if such views are not included, describe the circumstances preventing inclusion and attempts to contact the victim’s family. The United States Attorney or Assistant Attorney General should notify the victim’s family of all final decisions regarding the death penalty. This consultation should occur in addition to any victim conferral or notification required by the Crime Victims’ Rights Act (18 U.S.C. § 3771).

[Updated June 2026]

9-10.110 - Substantial Federal Interest

When concurrent jurisdiction exists with a State or local government, a Federal indictment for an offense subject to the death penalty generally should be obtained only when the Federal interest in the prosecution is more substantial than the interests of the State or local authorities. A sufficiently strong Federal interest may support a capital prosecution even when State or local authorities seek the death penalty. See Principles of Federal Prosecution, J.M. § 9-27.000; see also Memorandum from the Attorney General, Federal Prosecution Priorities (Aug. 12, 2013).

[Updated June 2026]

9-10.120 - Conditional Plea Agreements

The death penalty may not be sought, and no attorney for the Government may threaten to seek it, solely to obtain a more desirable plea negotiating position. Before receiving authorization not to seek the death penalty, the United States Attorney or Assistant Attorney General may not enter binding plea agreements that preclude the pursuit of capital punishment against any defendant subject to review under this Chapter.

The United States Attorney or Assistant Attorney General may, however, agree to submit for review and possible approval, plea agreements relating to conduct that could be or has been charged as a capital-eligible offense. At all times, the United States Attorney or Assistant Attorney General must make clear to all parties that the conditional plea does not represent a binding agreement absent Departmental authorization. The United States Attorney or Assistant Attorney General should not inform the defendant, court, or public whether they recommend authorization of the plea agreement. See J.M. § 9-10.050.

Ordinarily, capital-eligible codefendants should be submitted together for the Department’s review, which assists the evaluation of the defendants’ comparative culpability. However, when a plea agreement is sought to obtain cooperation from a capital-eligible defendant whose testimony is essential to charging other defendants, the United States Attorney or Assistant Attorney General may submit the cooperator’s case for review separate from the potential codefendants. In such circumstances, the United States Attorney or Assistant Attorney General recommendation memo must describe the need for cooperation from the defendant under review and the cooperator’s level of culpability relative to the potential codefendants. If cooperation is sought from a more-culpable defendant against less-culpable potential codefendants, the recommendation memo must justify why additional investigation could not independently develop cases against the less-culpable defendants.

The United States Attorney or Assistant Attorney General should submit, along with other materials required by J.M. § 9-10.080, any proposed plea agreements that precede authorization under this Chapter and provide in the recommendation memo a rationale for approval or denial of the agreement. The agreement will be included among the materials provided to the Committee. 

A defendant’s offer to enter a plea that follows authorization to seek the death penalty should follow the process for withdrawal as described in J.M. § 9-10.160.

See J.M. § 9-16.000 for more information on the topic of pleas and plea agreements.

[Updated June 2026]

9-10.130 - Capital Review Committee

The Capital Review Committee (Committee) is composed of attorneys from the Office of the Deputy Attorney General and the Office of the Assistant Attorney General for the Criminal Division (AAG CRM), and at-large prosecutors from the United States Attorneys’ Offices and other Department components. The AAG CRM may fill at-large Committee member positions with prosecutors who will serve for terms of two years.  

(A)  Recommendation Not to Seek by United States Attorney or Assistant Attorney General.

In any case in which the United States Attorney or Assistant Attorney General recommends not to seek the death penalty, the Committee will promptly review the case. If the Committee unanimously agrees with a no-seek recommendation, the CCS will promptly draft a memorandum reflecting the Committee’s recommendation and convey all case material to the Attorney General through the Deputy Attorney General.

If at least one Committee member requests a conference with defense counsel in contemplation of a possible recommendation to seek the death penalty, the CCS will arrange, through the United States Attorney's Office or other prosecuting component, a Committee meeting with representatives of the defendant and prosecution.  A conference request relieves the prosecution of the obligation to complete capital review prior to indictment (see J.M. § 9-10.060), and the submitting office may seek an indictment before the review is completed. Following the conference, the CCS will promptly draft a memorandum reflecting the Committee’s recommendation and convey all case material to the Attorney General through the Deputy Attorney General.

(B)  Recommendation to Seek by United States Attorney, Assistant Attorney General, or One or More Committee Members.

In any case in which the United States Attorney or Assistant Attorney General recommends that the Attorney General authorize seeking the death penalty, the CCS will arrange a Committee conference with representatives of the defendant and the prosecution. 

The Committee shall review the materials submitted by the United States Attorney or Assistant Attorney General and any materials submitted by defense counsel. Following the conference, the CCS will promptly draft a memorandum reflecting the Committee’s recommendation and convey all case material to the Attorney General through the Deputy Attorney General. 

(C)  Committee Recommendations to the Attorney General

If the Committee's recommendation differs from that of the United States Attorney or Assistant Attorney General, the United States Attorney or Assistant Attorney General shall be provided with a copy of the Committee's recommendation memorandum when it is transmitted to the Deputy Attorney General. The United States Attorney or Assistant Attorney General may respond to the Committee's analysis in a memorandum directed to the Deputy Attorney General. The Deputy Attorney General will then make a recommendation to the Attorney General.  

For all cases reviewed by the Committee, the Attorney General will make the decision whether the Government should file a notice of intent to seek the death penalty. No decision to file a notice of intent to seek the death penalty shall be made if defense counsel has not been afforded an opportunity to present evidence and argument in mitigation, unless circumstances make such an opportunity impractical.

[Updated June 2026] [cited in J.M. § 9-10.070; 9-10.080]

9-10.140 - Standards for Determination

Capital punishment is an essential tool for deterring and punishing those who commit the most heinous crimes and acts of lethal violence. The Department has a responsibility to ensure that the laws authorizing capital punishment are respected and faithfully implemented. A request for authorization to seek the death penalty must include consideration of the applicable aggravating and mitigating factors and legitimate law enforcement and prosecutorial considerations weighing for or against a capital prosecution.

(A) Sentencing Factors. Recommendations and decisions whether to seek the death penalty shall be informed primarily by the FDPA’s sentencing provisions. Prosecutors should engage in a qualitative, not quantitative, weighing of sentencing factors. Specifically, they should identify aggravating factors that can be proven beyond a reasonable doubt against mitigating factors that can be proven by a preponderance of the evidence and determine whether the aggravators sufficiently outweigh the mitigators to justify a death sentence. 

(1) Statutory Aggravating Factors. The FDPA sets forth the “statutory” aggravating factors that prosecutors must consider in determining whether a defendant is eligible for capital punishment.  Prosecutors should examine the statute for the elements of each aggravator, but the factors applicable to homicides are as follows (18 U.S.C. § 3592(c)(1)-(16)):

(i) Death during commission of another crime; 

(ii) Previous conviction of violent felony involving firearm; 

(iii) Previous conviction of offense for which a sentence of death or life imprisonment was authorized; 

(iv) Previous conviction of other serious offenses; 

(v) Grave risk of death to additional persons;  

(vi) Heinous, cruel, or depraved manner of committing offense;

(vii) Procurement of offense by payment;  

(viii) Pecuniary gain;  

(ix) Substantial planning and premeditation;  

(x) Conviction for two felony drug offenses; 

(xi) Vulnerability of victim;  

(xii) Conviction for serious Federal drug offenses;  

(xiii) Continuing criminal enterprise involving drug sales to minors;  

(xiv) Killing of high public officials, including federal law enforcement officers; 

(xv) Prior conviction of sexual assault or child molestation; and

(xvi) Multiple killings or attempted killings.

(2) Non-statutory Aggravating Factors. If at least one statutory aggravating factor is provable beyond a reasonable doubt, prosecutors should consider whether any non-statutory aggravating factors exist. Examples include, but are not limited to:

(i) Killing of state/local law enforcement officers;

(ii) Killing of witnesses or cooperators to obstruct justice;

(iii) Killings motivated by the actual or perceived race, color, religion, national origin, sex, sexual orientation, or disability of the victim;

(iv) Whether a defendant engaged in criminal activity for which he has not been held responsible;

(v) Whether a defendant poses a risk of future dangerousness, particularly while imprisoned; and

(vi) Effect of the crime on the victim and the victim’s family/friends/colleagues.

(3) Mitigating Factors. Death penalty recommendations and decisions also require consideration of all relevant mitigating factors. Again, prosecutors should consult the FDPA, at 18 U.S.C. § 3592(a)(1)-(8), for the full language of available statutory mitigating factors but the list of the statutory mitigating factors is as follows:

(i) Impaired capacity;

(ii) Duress;

(iii) Minor participation; 

(iv) Equally culpable defendants;

(v) No prior criminal record;

(vi) Severe mental or emotional disturbance; and

(vii) Victim's consent.

(4) Non-Statutory Mitigating Factors. The FDPA at 18 U.S.C. § 3592(a)(viii) allows for “other factors” weighing against seeking capital punishment, which are sometimes referred to as “non-statutory mitigation.” Examples include, but are not limited to:

(i) Defendants who suffered particularly damaging childhoods;

(ii) Youthful defendants;

(iii) Defendants who demonstrate an ability to be incarcerated without posing an undue threat to prison staff and other inmates; and

(iv) Defendants who have accepted responsibility as demonstrated by a willingness to plead guilty and accept a life or near-life sentence.   

(B) Law Enforcement and Prosecutorial Considerations. The United States Attorney or Assistant Attorney General should also consider any legitimate law enforcement or prosecutorial reason weighing for or against pursuing capital punishment. Priority should be given to cases involving the murder of a law enforcement officer or capital crimes committed by defendants illegally present in the United States. Other relevant considerations include, but are not limited to:

(1) The strength and nature of the evidence;

(2) Whether the victim engaged in criminal activity that was a relevant circumstance of the offense; and

(3) Whether the defendant is already serving a substantial sentence such that an additional sentence of incarceration would have little punitive effect.

[Updated June 2026] [cited in J.M. § 9-10.080] 

9-10.150 - Post-Decision Actions

Whenever the Attorney General directs pursuit of capital punishment, the United States Attorney or Assistant Attorney General shall not file or amend a notice of intent to seek the death penalty until the CCS has approved it. The notice of intent to seek the death penalty shall be filed as soon as possible after transmission of the Attorney General's decision to seek the death penalty.

Once the Department has made a decision not to seek the death penalty, the United States Attorney or Assistant Attorney General should promptly inform the district court and counsel for the defendant. Expeditious communication of decisions not to seek the death penalty will alert the courts when appointments of counsel under 18 U.S.C. § 3005 are not required or no longer required. Timely notice of decisions also permits the district court and defense counsel to make appropriate scheduling decisions.

[Updated June 2026]

9-10.160 - Withdrawal of the Notice of Intention to Seek the Death Penalty

(A)  Request by the United States Attorney or Assistant Attorney General

Once the Attorney General has authorized pursuit of the death penalty, the United States Attorney or Assistant Attorney General may not withdraw a notice of intention to seek the death penalty unless directed by the Attorney General.

If the United States Attorney or Assistant Attorney General concludes that, following the Attorney General’s decision to authorize a capital prosecution, material changes to the facts and circumstances of the case make a death sentence unjustifiable, the United States Attorney or Assistant Attorney General shall submit a memorandum to the CCS describing the changed circumstances and explaining how they alter the case to such a degree as to justify the Attorney General rescinding the initial decision to seek the death penalty.

CCS will circulate the request for Committee review. To the extent possible, the Committee should include the members who originally considered the case. Reviewers should evaluate the withdrawal request under the principles set forth in J.M. §§ 9-10.030 and 9-10.140, focusing their consideration on any materially changed facts and circumstances to determine if they would have altered the initial decision had they been known, present, or recognized at the time. Although information or arguments that were advanced initially are not normally compelling bases for withdrawal, reviewers should consider all relevant information in weighing the factors favoring and disfavoring a capital prosecution.

Based on its analysis, the Committee will recommend to the Attorney General, through the Deputy Attorney General, whether to withdraw the notice of intent to seek the death penalty.

(B)  Request by a defendant

(1) Any request by a defendant for withdrawal of a notice of intent to seek the death penalty should be submitted to the United States Attorney or Assistant Attorney General responsible for the case. If the United States Attorney or Assistant Attorney General concurs in the request, he or she should follow the procedures in subsection (A). 

(2) If the United States Attorney or Assistant Attorney General opposes the defense request, he or she should submit it to the CCS with a memorandum outlining the reasons for the opposition. Absent extraordinary circumstances, the Department will not consider successive defense requests to withdraw a notice of intention to seek the death penalty.

Upon receipt of a submission under subsection (B)(2), the CCS will circulate the case for Committee review. To the extent possible, the Committee will include the members who originally considered the case. The Committee should evaluate the withdrawal request under the same standards described in subsection (A). 

If one or more Committee members disagree with the defendant’s request to withdraw the notice of intention to seek the death penalty, the request will be deemed denied, and the CCS shall notify the United States Attorney or Assistant Attorney General accordingly. If the Committee unanimously recommends withdrawing the notice of intent to seek the death penalty, the CCS will promptly draft a memorandum reflecting the Committee’s recommendation and convey all case material to the Attorney General through the Deputy Attorney General. 

The Attorney General shall decide whether to withdraw a notice of intention to seek the death penalty upon any request made or endorsed by a United States Attorney or Assistant Attorney General. Until such a decision is made, the United States Attorney or Assistant Attorney General should proceed with the case as initially directed by the Attorney General. The fact that a United States Attorney or Assistant Attorney General made or endorsed a withdrawal request is confidential and may not be disclosed to any party outside the Department of Justice and its investigative agencies.

[Updated June 2026] [cited in J.M. §§ 9-10.050 and 9-10.120]

9-10.170 - Approval Required for Judicial Sentencing Determination

In cases in which the Attorney General has authorized seeking the death penalty, the prosecuting United States Attorney or Assistant Attorney General outside the Criminal Division must obtain the approval of the Assistant Attorney General for the Criminal Division before agreeing to a defense-initiated request for judicial, rather than jury, sentencing under 18 U.S.C. § 3593(b)(3). Any request pursuant to this provision shall be submitted to the Assistant Attorney General for the Criminal Division through the CCS.

[Updated June 2026]

9-10.180 - Reporting Requirements

Each United States Attorney's Office or Department component must identify, for each applicable case, a point-of-contact responsible for ensuring an immediate report to the CCS whenever:

(A) A capital offense is charged or an indictment is obtained pertaining to conduct that could be, but has not been, charged as a capital offense. The point-of-contact must immediately provide the CCS with a copy of the indictment and case number. If the indictment is obtained before submitting the case for review under this Chapter, the United States Attorney or Assistant Attorney General shall comply with the notification requirements of J.M. § 9-10.060;

(B) A court establishes or modifies a trial date or a deadline for filing a notice of intent to seek the death penalty for a case that does or could include capital-eligible charges;

(C) Developments occur that could affect the Government’s ability to file a notice of intent to seek the death penalty sufficiently in advance of trial to satisfy the reasonability standard of 18 U.S.C. § 3593(a); or

(D) A verdict and sentence are reached in a case in which the Attorney General has directed seeking the death penalty.

The victim's family must be notified of all final decisions regarding the death penalty.

[Updated June 2026]

9-10.190 - Direct Appeal and Post-Conviction Proceedings

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. 

[Updated June 2026]

9-10.200 - Post-Exhaustion Procedures

Once the defendant has exhausted his direct appeal and initial post-conviction remedies (i.e., the Government has secured an affirmance on appeal and successfully defended the judgment against the defendant’s first motion for collateral relief under 28 U.S.C. § 2255, through the Supreme Court’s initial rejection of certiorari or the merits of any defense-initiated appeal), the following shall occur: 

(A) The CCS shall notify the United States Attorney’s Office in the district of conviction, the Office of the Pardon Attorney, the Federal Bureau of Prisons, the Office of the Deputy Attorney General, and the Office of the Attorney General. 

(B) The CCS shall provide the Office of the Pardon Attorney with any relevant departmental memoranda. 

(C) The Office of the Pardon Attorney may request from the United States Attorney’s Office certain case materials relevant to the defendant’s expected clemency application. 

(D) The CCS should consult with, among other Department components, the United States Attorney’s Office in the district of conviction and the Office of the Pardon Attorney regarding the scheduling of the defendant’s execution. The CCS shall convey all relevant information to the Office of the Deputy Attorney General and the Office of the Attorney General. 

(E) The United States Attorney’s Office should consult with the victim’s family regarding the scheduling of the defendant’s execution. The United States Attorney’s Office shall convey all relevant information to the Office of the Deputy Attorney General and the Office of the Attorney General.

[Updated June 2026]

9-10.210 - Execution Scheduling

The Federal Bureau of Prisons shall, in consultation with the Office of the Deputy Attorney General and the Office of the Attorney General, promptly schedule the defendant’s execution after he has exhausted his direct appeal and initial post-conviction remedies. Upon exhaustion, the United States Attorney or Assistant Attorney General should consult with the family of the victim concerning the execution scheduling and convey their views to the CCS. Such consultation should occur every six months thereafter, as appropriate, until an execution is scheduled. 

The defendant’s execution may be scheduled or rescheduled while a legal impediment to the execution exists (e.g., a court has entered a preliminary injunction or stay of execution) or operational considerations render the execution infeasible. However, no execution shall take place until all legal and operational impediments to the execution have been cleared.  

Prior to the scheduling of an execution, the CCS should consult with the United States Attorney’s Office in the district of conviction and the Office of the Pardon Attorney. The United States Attorney’s Office should endeavor to consult with the victim’s family. If such consultations are not feasible before an execution is scheduled, they should occur as soon thereafter as practicable.  All relevant information should be provided to the Office of the Deputy Attorney General. 

After an execution is scheduled, the United States Attorney’s Office or Department component handling post-conviction litigation shall file a notice in any relevant legal action to which the inmate is a party, informing the court(s) that the Director of the Federal Bureau of Prisons has scheduled the execution of the named inmate, in accordance with 28 C.F.R. Part 26, for the scheduled date; and also endeavor to promptly notify the victim’s family of the execution date, in coordination with the Federal Bureau of Prisons. 

[Updated June 2026]

9-10.220 - Forms and Procedures

The Assistant Attorney General for the Criminal Division, the Deputy Attorney General, and the Attorney General may promulgate forms and procedures to implement the provisions of this Chapter. The United States Attorney or Assistant Attorney General for the prosecuting component should contact the CCS to discuss the applicable procedures and obtain the appropriate forms.

[Updated June 2026]

9-10.230 - Exceptions for the Proper Administration of Justice

To ensure the proper administration of justice in an appropriate case, the Attorney General may authorize exceptions to the provisions of this Chapter.

[Updated June 2026]