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Dean v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
15-9260 8th Cir. Feb 28, 2017 Apr 3, 2017 8-0 Roberts OT 2016

Holding: 18 U. S. C. §924(c), which criminalizes using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime, or possessing a firearm in furtherance of such an underlying crime, does not prevent a sentencing court from considering a mandatory minimum imposed under that provision when calculating an appropriate sentence for the predicate offense.

Judgment: Reversed and remanded, 8-0, in an opinion by Chief Justice Roberts on April 3, 2017.

DateProceedings and Orders (key to color coding)
May 04 2016Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2016)
Jun 01 2016Order extending time to file response to petition to and including July 11, 2016.
Jun 24 2016Order further extending time to file response to petition to and including August 10, 2016.
Aug 02 2016Order further extending time to file response to petition to and including September 9, 2016.
Sep 09 2016Brief of respondent United States in opposition filed.
Sep 29 2016DISTRIBUTED for Conference of October 14, 2016.
Oct 24 2016DISTRIBUTED for Conference of October 28, 2016.
Oct 26 2016Reply of petitioner Levon Dean, Jr. filed. (Distributed)
Oct 28 2016Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 2 presented by the petition.
Nov 14 2016Motion to appoint counsel filed by petitioner Levon Dean, Jr.
Nov 21 2016DISTRIBUTED for Conference of December 9, 2016.
Nov 21 2016Motion DISTRIBUTED for Conference of December 9, 2016.
Dec 02 2016The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 16, 2016.
Dec 02 2016The time to file respondent's brief on the merits is extended to and including January 19, 2017.
Dec 12 2016Motion to appoint counsel filed by petitioner GRANTED and Alan G. Stoler, Esquire, of Omaha, Nebraska, is appointed to serve as counsel for the petitioner in this case.
Dec 16 2016Joint appendix filed. (Statement of costs filed)
Dec 16 2016Brief of petitioner Levon Dean, Jr. filed.
Dec 20 2016Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner.
Dec 22 2016SET FOR ARGUMENT on Tuesday, February 28, 2017.
Dec 23 2016Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.
Dec 30 2016Record requested from U.S.C.A. 8th Circuit.
Jan 11 2017Record received from U.S.C.A. 8th Circuit, 1 Box. Part of the record is SEALED.
Jan 18 2017CIRCULATED.
Jan 19 2017Brief of respondent United States (Corrected) filed. (Distributed)
Feb 15 2017Reply of petitioner Levon Dean, Jr. filed. (Distributed)
Feb 28 2017Argued. For petitioner: Alan G. Stoler, Omaha, Neb. (Appointed by this Court.) For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 03 2017Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.
May 05 2017JUDGMENT ISSUED.
Aug 11 2017Record from the U.S.C.A. for the Eight Circuit has been returned.