Skip to main content

Alleyne v. United States

Docket No.11-9335
Op. Below4th Cir.
ArgumentJan 14, 2013
Vote5-4
AuthorClarence Thomas
OpinionJun 17, 2013
TermOctober Term 2012
SCOTUS PageOpinion

Holding

Because mandatory minimum sentences increase the penalty for a crime, any fact that increases the mandatory minimum is an "element" of the crime that must be submitted to the jury.

Judgment

Vacated and remanded, 5-4, in an opinion by Clarence Thomas on Jun 17, 2013. Justice Sotomayor filed a concurring opinion in which Justice Ginsburg and Justice Kagan joined. Justice Breyer filed an opinion concurring in part and concurring in the judgment. Chief Justice Roberts filed a dissenting opinion in which Justices Scalia and Kennedy joined. Justice Alito filed a dissenting opinion.

Holding: Because mandatory minimum sentences increase the penalty for a crime, any fact that increases the mandatory minimum is an “element” of the crime that must be submitted to the jury.

Judgment:”Vacated and remanded, 5-4, in an opinion by Justice Thomas on June 17, 2013. Justice Sotomayor filed a concurring opinion in which Justice Ginsburg and Justice Kagan joined. Justice Breyer filed an opinion concurring in part and concurring in the judgment. Chief Justice Roberts filed a dissenting opinion in which Justices Scalia and Kennedy joined. Justice Alito filed a dissenting opinion.

Proceedings & orders timeline

Mar 14, 2012
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2012)
Mar 22, 2012
Waiver of right of respondent United States to respond filed.
Mar 29, 2012
DISTRIBUTED for Conference of April 13, 2012.
Apr 10, 2012
Response Requested . (Due May 10, 2012)
Apr 10, 2012
Record Requested .
Apr 16, 2012
Record received from US Court of Appeals for the the Fourth Circuit (one envelope containing joint appendices; including one sealed envelope). Remaining record is on PACER.
Apr 16, 2012
Record of the U.S. District Court Eastern District of Virginia - (Richmond) on PACER.
May 1, 2012
Order extending time to file response to petition to and including June 11, 2012.
Jun 11, 2012
Brief of respondent United States in opposition filed.
Jun 20, 2012
Reply of petitioner Allen Ryan Alleyne filed. (Distributed)
Jun 21, 2012
DISTRIBUTED for Conference of September 24, 2012.
Oct 1, 2012
DISTRIBUTED for Conference of October 5, 2012.
Oct 5, 2012
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Oct 31, 2012
SET FOR ARGUMENT ON Monday, January 14, 2013.
Nov 19, 2012
Joint appendix filed. (Statement of costs filed)
Nov 19, 2012
Brief of petitioner Allen Ryan Alleyne filed.
Nov 21, 2012
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Nov 26, 2012
Brief amicus curiae of New York Council of Defense Lawyers filed.
Nov 26, 2012
Brief amicus curiae of Center on the Administration of Criminal Law filed.
Nov 26, 2012
Brief amici curiae of Sentencing Project, and The American Civil Liberties Union filed.
Nov 26, 2012
Brief amicus curiae of Families Against Mandatory Minimums filed.
Dec 6, 2012
CIRCULATED
Dec 19, 2012
Brief of respondent United States filed. (Distributed)Dec 26, 2012
Brief amici curiae of Texas, et al. filed. (Distributed)Jan 7, 2013
Reply of petitioner Allen Ryan Alleyne filed. (Distributed)Jan 14, 2013
Argued. For petitioner: Mary E. Maguire, Assistant Federal Public Defender, Richmond, VA. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 17, 2013
Judgment VACATED and case REMANDED Thomas, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III-B, III-C, and IV, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined, and an opinion with respet to Parts II and III-A, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion, in which Ginsburg and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in part and concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Scalia and Kennedy, JJ., joined. Alito, J., filed a dissenting opinion.
Jul 19, 2013
JUDGMENT ISSUED

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.