No error in denying motion based on timing of death penalty notice

In U.S. v. Breeden, the Fourth Circuit in an opinion by Chief Judge Wilkins, joined by Judge Shedd with Judge Widener concurring in part and dissenting in part, affirmed a decision by Chief Judge Wilson of the W.D. Va. to deny defendants' motion in which they asserted that the U.S. attorneys had acted too late in filing their notice of intent to pursue the federal death penalty.

Judge Widener wrote separately to say that, in the context of this case, he believed the ruling on the government's request for a continuance was a reviewable order - but that he found no abuse of discretion in the district court's decision to grant that request.