United States v. Michael Waggoner

This appeal presents the question of whether 18 U.S.C. § 3005 requires that two attorneys be appointed whenever the government indicts a defendant for a crime punishable by death, even if the death penalty is not sought. We conclude that it does not, and we affirm the judgment of the district court.

I

This case arises out of the murder of Alzinnia Keyes, a confidential informant for the Drug Enforcement Administration (“DEA”). In January 1998, Terile Williams sold Keyes approximately two ounces of crack cocaine. At the time, Williams was the target of sustained DEA investigation for cocaine trafficking in Tucson, Arizona. After the transaction, law enforcement officers arrested Williams, charging him with felonious distribution of cocaine. Keyes was to serve as a key witness against Williams at trial.

Williams, Freddie Taylor, and Michael Waggoner were longtime friends. As Williams awaited trial, Waggoner told Williams’ sister, Delisia Wilkes, that Williams need not “worry”; Waggoner stated that he was “going to get the bitch.” On March 12, 1998, Taylor and Waggoner located Keyes in a Tucson neighborhood, shot her numerous times, and sped away. Keyes died several days later in…