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 (key to color coding)
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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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
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  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
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Cases argued	43
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Alleyne v. United States

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Featured Posts

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance (Corrected) – Rory Little

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