Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Setser v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
10-7387 5th Cir. Nov 30, 2011
Tr.Aud.
Mar 28, 2012 6-3 Scalia OT 2011

Holding: A federal district court has the discretion to order a federal criminal sentence to run after a state criminal sentence that is anticipated but has not yet been imposed.

Judgment: Affirmed, 6-3, in an opinion by Justice Scalia on March 28, 2012. Justice Breyer filed a dissenting opinion joined by Justices Kennedy and Ginsburg.

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Briefs and Documents

Merits Briefs for the Petitioner

Merits Briefs for the Respondent

Certiorari-stage documents

 
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