Citation Codes Equivalent Citations citation codes Docket Number CRIMINAL NO. RWT-07-0199. Judges Roger W. Titus See more information ... Smart Summary Please sign up to generate summary. UNITED STATES OF AMERICA v. EARL WHITTLEY DAVIS, a/k/a Baby Earl, and "E", Defendant. ORDER ROGER TITUS, District Judge Upon consideration of the testimony, evidence, and arguments of counsel presented at the hearing on the question of mental retardation beginning on March 24, 2009, for the reasons stated in the accompanying Memorandum Opinion, it is this 24th day of April 2009, by the United States District Court for the District of Maryland, ORDERED, that the Defendant has demonstrated by a preponderance of the evidence that he is mentally retarded; and it is further ORDERED, that the Government shall not be permitted to seek a penalty of death.