28 C.F.R. § 1.10

Procedures applicable to prisoners under a sentence of death imposed by a United States District Court

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The following procedures shall apply with respect to any request for clemency by a person under a sentence of death imposed by a United States District Court for an offense against the United States. Other provisions set forth in this part shall also apply to the extent they are not inconsistent with this section.

(a) Clemency in the form of reprieve or commutation of a death sentence imposed by a United States District Court shall be requested by the person under the sentence of death or by the person's attorney acting with the person's written and signed authorization.

(b) No petition for reprieve or commutation of a death sentence should be filed before proceedings on the petitioner's direct appeal of the judgment of conviction and first petition under 28 U.S.C. 2255 have terminated. A petition for commutation of sentence should be filed no later than 30 days after the petitioner has received notification from the Bureau of Prisons of the scheduled date of execution. All papers in support of a petition for commutation of sentence should be filed no later than 15 days after the filing of the petition itself. Papers filed by the petitioner more than 15 days after the commutation petition has been filed may be excluded from consideration.

(c) The petitioner's clemency counsel may request to make an oral presentation of reasonable duration to the Office of the Pardon Attorney in support of the clemency petition. The presentation should be requested at the time the clemency petition is filed. The family or families of any victim of an offense for which the petitioner was sentenced to death may, with the assistance of the prosecuting office, request to make an oral presentation of reasonable duration to the Office of the Pardon Attorney.

(d) Clemency proceedings may be suspended if a court orders a stay of execution for any reason other than to allow completion of the clemency proceeding.

(e) Only one request for commutation of a death sentence will be processed to completion, absent a clear showing of exceptional circumstances.

(f) The provisions of this § 1.10 apply to any person under a sentence of death imposed by a United States District Court for whom an execution date is set on or after August 1, 2000.

[Order No. 2317-2000, 65 FR 48381, Aug. 8, 2000]

Notes of Decisions

Cited in 5 cases, 1986–2020 · leading case: James Miller v. Gary L. Henman, Warden, United States Penitentiary, Marion, Illinois, 804 F.2d 421 (7th Cir. 1986).

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James Miller v. Gary L. Henman, Warden, United States Penitentiary, Marion, Illinois, 804 F.2d 421 (7th Cir. 1986). “For example, published rules govern applications for presidential pardons, but the last rule, 28 C.F.R. § 1.10 , states: "The regulations contained in this part are advisory only and .”

Hall v. Barr (D.D.C. 2020). · cites it 3× “” 28 C.F.R. § 1.10 (b). To leave time for adequate review, a petition “should be filed no later than 30 days after the petitioner has received notification from the Bureau of Prisons of the scheduled date of execution” and “[a]ll papers in support of a petition .”

Mitchell v. Barr (D.D.C. 2020). · cites it 2× “1 at 6-7; see 28 C.F.R. § 1.10 (c). In the meantime, on October 4, 2019, the Ninth Circuit stayed Mr.”

Montgomery v. Barr (D.D.C. 2020). · cites it 2× “” 28 C.F.R. § 1.10 (b). Accordingly, once the Bureau of Prisons scheduled Montgomery’s execution date, she had until November 15, 2020 to file her clemency petition and until November 30, 2020 to supplement that filing.”

Orlando Hall v. William Barr (D.C. Cir. 2020). “" 28 C.F.R. § 1.10 (b). Hall's first Section 2255 petition was finally denied in 2007.”

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