[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR1.10]

[Page 99]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 1--EXECUTIVE CLEMENCY--Table of Contents
 
Sec. 1.10  Procedures applicable to prisoners under a sentence of death imposed by a United States District Court.

    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 Sec. 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, August 8, 2000]