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Brown v. United States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
22-6389 3rd Cir. Nov 27, 2023
May 23, 2024 6-3 Alito OT 2023

Holding: For purposes of the Armed Career Criminal Act’s 15-year mandatory minimum sentence on certain defendants with three or more previous convictions, a state drug conviction counts as an ACCA predicate if it involved a drug on the federal schedules at the time of that conviction.

Judgment: Affirmed, 6-3, in an opinion by Justice Alito on May 23, 2024. Justice Jackson filed a dissenting opinion, in which Justice Kagan joined, and in which Justice Gorsuch joined as to Parts I, II, and III.

DateProceedings and Orders (key to color coding)
Nov 18 2022Application (22A453) to extend the time to file a petition for a writ of certiorari from November 27, 2022 to December 28, 2022, submitted to Justice Alito.
Nov 22 2022Application (22A453) granted by Justice Alito extending the time to file until December 28, 2022.
Dec 21 2022Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 23, 2023)
Jan 12 2023Motion to extend the time to file a response from January 23, 2023 to February 22, 2023, submitted to The Clerk.
Jan 12 2023Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2023.
Feb 15 2023Motion to extend the time to file a response from February 22, 2023 to March 24, 2023, submitted to The Clerk.
Feb 16 2023Motion to extend the time to file a response is granted and the time is further extended to and including March 24, 2023.
Mar 24 2023Brief of respondent United States filed.
Apr 12 2023Reply of petitioner Justin Rashaad Brown filed. (Distributed)
Apr 13 2023DISTRIBUTED for Conference of 4/28/2023.
May 08 2023DISTRIBUTED for Conference of 5/11/2023.
May 15 2023Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. The petition for a writ of certiorari in No. 22-6640 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
May 25 2023Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 22-6389. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 22-6389. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jun 01 2023Motion for an extension of time to file the briefs on the merits filed. VIDED.
Jun 13 2023Motion to dispense with printing the joint appendix filed by petitioner (as to 22-6640).
Jun 20 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendices and petitioners' briefs on the merits is extended to and including July 12, 2023. The time to file respondents' briefs on the merits is extended to and including August 21, 2023. VIDED.
Jul 12 2023Brief of petitioner Justin Rashaad Brown (as to 22-6389) filed.
Jul 12 2023Joint appendix (as to 22-6389) filed. (Statement of costs filed)
Jul 12 2023Brief of petitioner Eugene Jackson (as to 22-6640) filed.
Jul 17 2023Notice of Substitution of Counsel of Record filed on behalf of petitioner (as to 22-6389).
Jul 19 2023Brief amicus curiae of National Association of Federal Defenders filed. VIDED.
Jul 19 2023Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED.
Jul 19 2023Brief amicus curiae of Clause 40 Foundation (in 22-6640) filed.
Jul 19 2023Brief amicus curiae of FAMM filed. VIDED.
Aug 21 2023Motion to dispense with printing the joint appendix in No. 22-6640 filed by petitioner GRANTED.
Aug 21 2023Brief of respondent United States filed. VIDED.
Aug 28 2023Motion for divided argument filed by petitioners Eugene Jackson. VIDED.
Sep 20 2023Reply of petitioner Justin Rashaad Brown (as to 22-6389) filed.
Sep 20 2023Reply of petitioner Eugene Jackson (as to 22-6640) filed.
Oct 02 2023Motion for divided argument filed by petitioners GRANTED. VIDED.
Oct 12 2023SET FOR ARGUMENT on Monday, November 27, 2023. VIDED.
Oct 13 2023Record requested from the United States Court of Appeals for the Third Circuit.
Oct 19 2023CIRCULATED
Oct 19 2023Electronic record received from the United States Court of Appeals for the Third Circuit.
Nov 27 2023Argued. For petitioner Brown: Jeffrey T. Green, Washington, D. C. For petitioner Jackson: Andrew Adler, Assistant Federal Public Defender, Fort Lauderdale, Fla. For respondent: Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED.
May 23 2024Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Gorsuch, J., joined as to Parts I, II, and III. VIDED.