Editor's Note :

Editor's Note :

There is a possibility of opinions on Wednesday, February 22. We will begin live-blogging at 9:45 a.m.
On Wednesday the court hears oral argument in Kindred Nursing Centers Limited Partnership v. Clark. Ronald Mann has our preview.

Descamps v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
11-9540 9th Cir. Jan 7, 2013
Tr.Aud.
Jun 20, 2013 8-1 Kagan OT 2012
 
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Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the NACDL as amicus curiae in this case.

Holding: Sentencing courts may not apply the modified categorical approach to a federal defendant when the crime of which the defendant was previously convicted has a single, indivisible set of elements.

Plain English Summary:

Judgment: Reversed, 8-1, in an opinion by Justice Kagan on June 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion.

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Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the NACDL as amicus curiae in this case.   Holding: Sentencing courts may not apply the modified categorical approach to a federal defendant when the crime of which the defendant was previously convicted has a single, indivisible set of elements.   JudgmentReversed, 8-1, in an opinion by Justice Kagan on June 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion.
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