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Burrage v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
12-7515 8th Cir. Nov 12, 2013 Jan 27, 2014 9-0 Scalia OT 2013

Holding: At least when the use of a drug distributed by the defendant is not an independently sufficient cause of the victim's death or serious bodily injury, a defendant cannot be liable for penalty enhancement under the penalty enhancement provision of the Controlled Substance Act unless such use is a but-for cause of the death or injury.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Scalia on January 27, 2014. Justice Alito joins the opinion except for Part III-B. Justice Ginsburg filed an opinion concurring in the judgment, which Justice Sotomayor joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 27 2012Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2013)
Dec 5 2012Waiver of right of respondent United States to respond filed.
Dec 13 2012DISTRIBUTED for Conference of January 4, 2013.
Dec 27 2012Response Requested . (Due January 28, 2013)
Jan 23 2013Order extending time to file response to petition to and including February 27, 2013.
Feb 15 2013Order further extending time to file response to petition to and including March 29, 2013.
Mar 26 2013Brief of respondent United States in opposition filed.
Apr 3 2013Reply of petitioner Marcus Andrew Burrage filed. (Distributed)
Apr 11 2013DISTRIBUTED for Conference of April 26, 2013.
Apr 29 2013Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Questions 1 and 2 presented by the petition.
May 9 2013Motion to appoint counsel filed by petitioner Marcus Andrew Burrage.
Jun 6 2013The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 19, 2013.
Jun 6 2013The time to file respondent's brief on the merits is extended to and including September 20, 2013.
Jun 10 2013Motion DISTRIBUTED for Conference of June 13, 2013.
Jun 17 2013Motion to appoint counsel filed by petitioner GRANTED. Angela L. Campbell, Esq., of Des Moines, Iowa, is appointed to serve as counsel for the petitioner in this case.
Jul 19 2013Joint appendix filed. (Statement of costs filed.)
Jul 19 2013Brief of petitioner Marcus Andrew Burrage filed.
Jul 26 2013Brief amicus curiae of Families Against Mandatory Minimums filed.
Jul 26 2013Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Aug 19 2013CIRCULATED.
Aug 20 2013SET FOR ARGUMENT on Tuesday, November 12, 2013.
Sep 12 2013The time to file respondent's brief on the merits is further extended to and including October 1, 2013.
Sep 13 2013Record received from U.S.C.A. for 8th Circuit. (1 box)
Sep 17 2013Record from U.S. District Court, Southern Dist. of Iowa is electronic (Not PACER).
Sep 17 2013Exhibits received from U.S.D.C. of Iowa. Paper and CD exhibits. (1 box)
Oct 1 2013Brief of respondent United States filed. (Distributed)
Oct 8 2013Brief amici curiae of Alaska, et al. filed. (Distributed)
Oct 31 2013Reply of petitioner Marcus Andrew Burrage filed. (Distributed)
Nov 12 2013Argued. For petitioner: Angela L. Campbell, Des Moines, Iowa (Appointed by this Court.) For respondent: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jan 27 2014Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Breyer, and Kagan, JJ., joined, and in which Alito, J., joined as to all but Part III-B. Ginsburg, J., filed an opinion concurring in the judgment, in which Sotomayor, J., joined.
Feb 28 2014JUDGMENT ISSUED.
Aug 1 2014Record returned for U.S.C.A. 8th Circuit.
Aug 1 2014Record returned for U.S.D.C. Southern District of Iowa-Des Moines.