Alleyne v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-9335 | 4th Cir. |
Jan 14, 2013 Tr.Aud. |
Jun 17, 2013 | 5-4 | Thomas | OT 2012 |
Holding: Because mandatory minimum sentences increase the penalty for a crime, any fact that increases the mandatory minimum is an “element” of the crime that must be submitted to the jury.
Judgment: Vacated and remanded, 5-4, in an opinion by Justice Thomas on June 17, 2013. Justice Sotomayor filed a concurring opinion in which Justice Ginsburg and Justice Kagan joined. Justice Breyer filed an opinion concurring in part and concurring in the judgment. Chief Justice Roberts filed a dissenting opinion in which Justices Scalia and Kennedy joined. Justice Alito filed a dissenting opinion.
SCOTUSblog Coverage
- Reconciling ceilings and floors: Alleyne v. United States (Mike Gottlieb)
- Details: Alleyne v. United States (Mike Gottlieb)
- Argument recap: Just what does Apprendi mean? (Lyle Denniston)
- Argument preview: Back to the sentencing puzzle (Lyle Denniston)
- Another revolution on sentencing? (Lyle Denniston)
| Date | Proceedings and Orders |
|---|---|
| Mar 14 2012 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2012) |
| Mar 22 2012 | Waiver of right of respondent United States to respond filed. |
| Mar 29 2012 | DISTRIBUTED for Conference of April 13, 2012. |
| Apr 10 2012 | Response Requested . (Due May 10, 2012) |
| Apr 10 2012 | Record Requested . |
| Apr 16 2012 | Record received from US Court of Appeals for the the Fourth Circuit (one envelope containing joint appendices; including one sealed envelope). Remaining record is on PACER. |
| Apr 16 2012 | Record of the U.S. District Court Eastern District of Virginia - (Richmond) on PACER. |
| May 1 2012 | Order extending time to file response to petition to and including June 11, 2012. |
| Jun 11 2012 | Brief of respondent United States in opposition filed. |
| Jun 20 2012 | Reply of petitioner Allen Ryan Alleyne filed. (Distributed) |
| Jun 21 2012 | DISTRIBUTED for Conference of September 24, 2012. |
| Oct 1 2012 | DISTRIBUTED for Conference of October 5, 2012. |
| Oct 5 2012 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Oct 31 2012 | SET FOR ARGUMENT ON Monday, January 14, 2013. |
| Nov 19 2012 | Joint appendix filed. (Statement of costs filed) |
| Nov 19 2012 | Brief of petitioner Allen Ryan Alleyne filed. |
| Nov 21 2012 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Nov 26 2012 | Brief amicus curiae of New York Council of Defense Lawyers filed. |
| Nov 26 2012 | Brief amicus curiae of Center on the Administration of Criminal Law filed. |
| Nov 26 2012 | Brief amici curiae of Sentencing Project, and The American Civil Liberties Union filed. |
| Nov 26 2012 | Brief amicus curiae of Families Against Mandatory Minimums filed. |
| Dec 6 2012 | CIRCULATED |
| Dec 19 2012 | Brief of respondent United States filed. (Distributed) |
| Dec 26 2012 | Brief amici curiae of Texas, et al. filed. (Distributed) |
| Jan 7 2013 | Reply of petitioner Allen Ryan Alleyne filed. (Distributed) |
| Jan 14 2013 | Argued. For petitioner: Mary E. Maguire, Assistant Federal Public Defender, Richmond, VA. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. |
| Jun 17 2013 | Judgment VACATED and case REMANDED Thomas, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, III-B, III-C, and IV, in which Ginsburg, Breyer, Sotomayor, and Kagan, JJ., joined, and an opinion with respet to Parts II and III-A, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Sotomayor, J., filed a concurring opinion, in which Ginsburg and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in part and concurring in the judgment. Roberts, C. J., filed a dissenting opinion, in which Scalia and Kennedy, JJ., joined. Alito, J., filed a dissenting opinion. |
| Jul 19 2013 | JUDGMENT ISSUED |
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