Approval Required for Judicial Sentencing Determination
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DOJ Justice Manual › Title 9: Criminal › 9-10.000 - Capital Crimes › Justice Manual § 9-10.170
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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]
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