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Hughes v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
17-155 11th Cir. Mar 27, 2018 Jun 4, 2018 6-3 Kennedy OT 2017

Holding: A Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement is “based on” the defendant’s Federal Sentencing Guidelines range so long as that range was part of the framework the district court relied on in imposing the sentence or accepting the agreement; thus, Erik Hughes may seek a sentencing reduction under 18 U. S. C. §3582(c)(2).

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Kennedy on June 4, 2018. Justice Sotomayor filed a concurring opinion. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas and Alito joined.

DateProceedings and Orders (key to color coding)
May 19 2017Application (16A1134) to extend the time to file a petition for a writ of certiorari from May 28, 2017 to July 27, 2017, submitted to Justice Thomas.
May 22 2017Application (16A1134) granted by Justice Thomas extending the time to file until July 27, 2017.
Jul 27 2017Petition for a writ of certiorari filed. (Response due August 31, 2017)
Aug 24 2017Order extending time to file response to petition to and including October 2, 2017.
Sep 22 2017Order further extending time to file response to petition to and including November 1, 2017.
Nov 01 2017Brief of respondent United States in opposition filed.
Nov 17 2017Reply of petitioner Erik Hughes filed.
Nov 20 2017DISTRIBUTED for Conference of 12/8/2017.
Dec 08 2017Petition GRANTED.
Jan 11 2018Motion to dispense with printing the joint appendix filed by petitioner Erik Hughes.
Jan 22 2018Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 22 2018Brief of petitioner Erik Hughes filed.
Jan 24 2018SET FOR ARGUMENT ON Tuesday, March 27, 2018
Jan 25 2018Brief amici curiae of Chantell and Michael Sackett, and Duarte Nursery, Inc. filed.
Jan 26 2018Brief amicus curiae of Richard M. Re in support of neither party filed.
Jan 26 2018Motion for leave to file amici brief filed by Law Professors in support of neither party filed.
Jan 29 2018Brief amici curiae of Agricultural Building, Forestry, Livestock, Manufacturing, Mining, and Petroleum Business Interests filed.
Jan 29 2018Brief amici curiae of National Association of Criminal Defense Lawyers and the National Association of Federal Defenders filed.
Jan 29 2018Brief amicus curiae of Professor Douglas A. Berman filed.
Feb 07 2018CIRCULATED
Feb 20 2018Motion for leave to file amici brief filed by Law Professors in support of neither party GRANTED.
Feb 21 2018Record requested from the U.S.C.A. 11th Circuit.
Feb 21 2018Brief of respondent United States filed. (Distributed)
Mar 02 2018Record received from the U.S.D.C. Northern Dist. of Georgia. (1 Envelope, part of the record is Sealed)
Mar 13 2018Reply of petitioner Erik Hughes filed. (Distributed)
Mar 27 2018Argued. For petitioner: Eric Shumsky, Washington, D. C. For respondent: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 04 2018Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed a concurring opinion. Roberts, C. J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
Jul 06 2018JUDGMENT ISSUED.
Aug 29 2018The record from the U.S.D.C. Northern Dist. of Georgia has been returned.