UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

EL PASO DIVISION

UNITED STATES OF AMERICA, §

§

Plaintiffs §

V. § EP-20-CR-00389-DCG

§

PATRICK WOOD CRUSIUS, §

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Defendant, §

ORDER APPOINTING COUNSEL

On February 6, 2020, Defendant Patrick Wood Crusius ("Defendant") was charged with a

ninety (90) count indictment. EOFNo. 1. In Defendant'sindictment, counts 23-44 (Use of a

Firearm to Commit Murder During and in Relation to a Crime ofViolence) carry a possible

penalty ofdeath. 18 U.S.C. § 924(c), and § 924(j)(l). Under 18 U.S.C. § 3005, a defendant

charged with a capital crime who requests counsel is entitled to the assignment oftwo such

counsel, at least oneof whom shall be learned inthe lawapplicable to capital cases. ^ In

assigning counsel under this statute, the Court is to consider the recommendation ofthe Federal

Public Defender. 18 U.S.C. § 3005; United States v. Fields^ 483 F.3d 313, 347 (5th Cir. 2007).

The Court concludes that Defendant qualifies for appointed counsel under 18 U.S.C. §

3005. After consulting with the Federal Public Defender and placing significant weight on her

recommendation, the Court appoints: (1) Mr. David Lane, ofKillmer, Lane & Newman, LLP,

' While the Government has yet to notify the Court ofwhether it will seek to impose the death

penalty as punishment, 18 U.S.C. § 3593, the appointment of counsel under 18 U.S.C. § 3005 comes "into

play ... after the Government [has] charged [the defendant] with a capital offense." United States v.

Fields, 483 F.3d 313, 347 (5th Cir. 2007); see also In re Sterling-Suarez, 306 F.3d 1170, 1171 (1st Cir.

2002) (holding that courts should appoint learned counsel "reasonably soon after the indictment and prior

to the time that submissions are made to persuade the Attomey General not to seek the death penalty.");

United States v. Cordova, 806 F.3d 1085, 1101 (D.C. Cir. 2015) ("Even among courts that disagree as to

whether [learned counsel] is required after the government announces that it will not seek the death

penalty, there is agreement that 'prompt' means promptly after indictment, and not later.").
located at The Odd FellowsHall, 1543 Champa Street, Suite400, Denver, CO 80202; and (2)

Ms. Rebecca L. Hudsmith, Federal Public Defender for theMiddle andWestern Districts of

Louisiana, and her office, as learned counsel for Defendant.

Mr. David Lane was provisionally appointed federal counsel forDefendant before his

indictment. Mr. Lane has extensive experience in death penalty cases, representing capital

defendants in bothstate and federal, trial and appellate courts all overthe country for overthirty

years. Further, hehas been appointed asqualified learned counsel by several U.S. District

Courts on federal death penalty cases at trial, on appeal, and on post-conviction. Mr. Lanehas

also taught courses on Professional Responsibility, Trial Advocacy, and DeathPenalty

Jurisprudence at the University of Colorado Law School, andcourses on the Death Penalty and

First Amendment at the University ofDenver School ofLaw.

Ms. Rebecca L. Hudsmith is the Federal Public Defender for the Middle and Western

Districts ofLouisiana. She was previously provisionally appointed as Defendant's federal

counsel before he was indicted. She has substantial experience working federal death penalty

prosecutions, having represented five defendants in the federal pre-authorization process and

representing one ofthem through trial as lead counsel. Ms. Hudsmith has offered to use the staff

and resources of her office in Defendant's case. She has obtained supplemental funds from the

Defender Services Committee in her capital cases and has gotten approval of a mega-case

budget, all of which she oversaw and managed as head of her office. The appointment ofMs.

Rebecca Hudsmith and her office will prove to be immensely helpful in maximizing costeffectiveness in Defendant's case. Further, Ms. Hudsmith has extensive work experience in

preparing attorney's fees and expense budgets and a strong working relationship with the Fifth

Circuit's CJA Case Budgeting Attorney, Ms. Margaret Alverson.
Accordingly, IT IS ORDERED that, pursuant to 18 U.S.C. §3005, Mr. David Lane and

Ms. Rebecca L. Hudsmith, are HEREBY APPOINTED as learned counsel for Defendant

Patrick Wood Crusius.

IT IS FURTHER ORDERED that Mr. David Lane SHALL be compensated at the

maximum rate for death penalty cases in the Western District ofTexas, which as of February 11,

2020, is $195 per hour.

ITIS FINALLY ORDERED that, pursuant to section 640.10 ofthe Guide to Judiciary

Policy, Volume 7A, "[a]ll capital cases shall be budgeted with the assistance of case-budgeting

attomeys and/or resource counsel where appropriate," therefore, appointed learned counsel

SHALL JOINTLY submit a budget for attorney fees and expenses that will be incurred in

representing Defendant Patrick Crusius through the PRE-AUTHORIZATION PHASE ofthis

matter. The budget SHALL be submitted ex parte, ten (10) days from the date that third

counsel is appointed. Counsel SHALL consult with Ms. Margaret Alverson, the Fifth Circuit

CJA Case Budgeting Attorney, who may be reached at (504) 310-7799 or by email at

Margaret_Alverson@ca5.uscourts.gov.^

So ORDERED and SIGNED this 11 day ofFebruary 2020.

DAMID C. GUADERRAMA

UNITED STATES DISTRICT JUDGE

^While there is no statutory maximum amount for attorneys' fees in acapital case, counsel are

advised that, pursuant to the Judicial Council ofthe Fifth Circuit's Special Procedures for Reviewing Attorney Compensation Requests in Death Penalty Cases, any request for compensation in excess of

$100,000 at the district court level is considered to be presumptively excessive. This language applies to

requests for attorney compensation, but not to requests for reimbursement of out-of-pocket expenditures

or expert fees. Ifthe total fees submitted by counsel reach or exceed $100,000, the reimbursement offees

in excess ofthat amount must be justified by the requesting attorney in awritten submission filed with the

presiding judicial officer in the district court.

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