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This week, we are hosting a symposium before oral argument on December 2 in New York State Rifle & Pistol Association v. City of New York. Click here to read the contributions.

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

DateProceedings and Orders (key to color coding)
Mar 14 2012Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 16, 2012)
Mar 22 2012Waiver of right of respondent United States to respond filed.
Mar 29 2012DISTRIBUTED for Conference of April 13, 2012.
Apr 10 2012Response Requested . (Due May 10, 2012)
Apr 10 2012Record Requested .
Apr 16 2012Record 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 2012Record of the U.S. District Court Eastern District of Virginia - (Richmond) on PACER.
May 1 2012Order extending time to file response to petition to and including June 11, 2012.
Jun 11 2012Brief of respondent United States in opposition filed.
Jun 20 2012Reply of petitioner Allen Ryan Alleyne filed. (Distributed)
Jun 21 2012DISTRIBUTED for Conference of September 24, 2012.
Oct 1 2012DISTRIBUTED for Conference of October 5, 2012.
Oct 5 2012Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Oct 31 2012SET FOR ARGUMENT ON Monday, January 14, 2013.
Nov 19 2012Joint appendix filed. (Statement of costs filed)
Nov 19 2012Brief of petitioner Allen Ryan Alleyne filed.
Nov 21 2012Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Nov 26 2012Brief amicus curiae of New York Council of Defense Lawyers filed.
Nov 26 2012Brief amicus curiae of Center on the Administration of Criminal Law filed.
Nov 26 2012Brief amici curiae of Sentencing Project, and The American Civil Liberties Union filed.
Nov 26 2012Brief amicus curiae of Families Against Mandatory Minimums filed.
Dec 6 2012CIRCULATED
Dec 19 2012Brief of respondent United States filed. (Distributed)
Dec 26 2012Brief amici curiae of Texas, et al. filed. (Distributed)
Jan 7 2013Reply of petitioner Allen Ryan Alleyne filed. (Distributed)
Jan 14 2013Argued. 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 2013Judgment 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 2013JUDGMENT ISSUED
 
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