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.

ng 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]