Lockhart v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 14-8358 | 2d Cir. | Nov 3, 2015 | Jan 3, 2016 | 6-2 | Sotomayor | OT 2015 |
Holding: A state-court conviction for first-degree sexual abuse involving the defendant"s adult girlfriend triggers the ten-year mandatory minimum sentence of 18 U.S.C. § 2252(b)(2), which applies to prior state-court convictions for crimes "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward"; the limiting phrase "involving a minor or ward" applies only to the phrase "abusive sexual conduct."
Judgment: Affirmed, 6-2, in an opinion by Justice Sotomayor on January 3, 2016. Justice Kagan filed a dissenting opinion, in which Justice Breyer joined.
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| Date | Proceedings and Orders |
|---|---|
| 01/14/2015 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2015) |
| 03/03/2015 | Order extending time to file response to petition to and including April 10, 2015. |
| 04/10/2015 | Brief of respondent United States in opposition filed. |
| 04/28/2015 | Reply of petitioner Avondale Lockhart filed. (Distributed) |
| 04/29/2015 | DISTRIBUTED for Conference of May 14, 2015. |
| 05/18/2015 | DISTRIBUTED for Conference of May 21, 2015. |
| 05/26/2015 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 06/23/2015 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 24, 2015. |
| 06/23/2015 | The time to file respondent's brief on the merits is extended to and including September 8, 2015. |
| 07/24/2015 | Joint appendix filed. (Statement of costs received.) |
| 07/24/2015 | Brief of petitioner Avondale Lockhart filed. |
| 09/08/2015 | Brief of respondent United States filed. |
| 09/09/2015 | SET FOR ARGUMENT on Tuesday, November 3, 2015 |
| 09/10/2015 | Record requested from the U.S.C.A. 2nd Circuit. |
| 09/11/2015 | Record request received from the U.S.C.A. 2nd Circuit is electronic. |
| 09/21/2015 | CIRCULATED |
| 10/08/2015 | Reply of petitioner Avondale Lockhart filed. (Distributed) |
| 11/03/2015 | Argued. For petitioner: Edward S. Zas, Assistant Federal Defender, New York, N. Y. For respondent: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 03/01/2016 | Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, and Alito, JJ., joined. Kagan, J., filed a dissenting opinion, in which Breyer, J., joined. |
| 04/04/2016 | JUDGMENT ISSUED |