Federal prosecutors say the U.S. Supreme Court should not decide a statute of limitations question in the case of a reputed Ku Klux Klansman convicted of a 1964 crime.
James Ford Seale was convicted in 2007 of abducting two black men who authorities said were killed after being beaten and thrown Mississippi River backwater.
The conviction was thrown out by a panel of three 5th U.S. Circuit Court of Appeals judges. The full 5th Circuit overturned the panel's decision in a tie vote.
Seale's attorneys asked June 12 for the Supreme Court to decide or the appeals court to hear the case with an odd number of judges to prevent a tie.
Prosecutors opposed both requests in documents filed Friday in the 5th Circuit.