Federal prosecutors have urged a federal judge not to intervene with their plans to meet with accused Boston Marathon bombing suspect Dzhokhar Tsarnaev on October 24 to discuss whether he should face the death penalty.

The government argued in a memorandum filed on Tuesday that Tsarnaev’s lawyers have had a “reasonable opportunity”—six months— to craft a mitigation argument. Trial prosecutors hope to make a recommendation or around October 31 to U.S. Attorney General Eric Holder Jr. about whether U.S. Attorney Carmen Ortiz should seek Tsarnaev’s execution.

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