|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|15-9260||8th Cir.||Feb 28, 2017||Apr 3, 2017||8-0||Roberts||OT 2016|
Holding: 18 U. S. C. §924(c), which criminalizes using or carrying a firearm during and in relation to a crime of violence or drug trafficking crime, or possessing a firearm in furtherance of such an underlying crime, does not prevent a sentencing court from considering a mandatory minimum imposed under that provision when calculating an appropriate sentence for the predicate offense.
Judgment: Reversed and remanded, 8-0, in an opinion by Chief Justice Roberts on April 3, 2017.
|Date||Proceedings and Orders |
|May 04 2016||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2016)|
|Jun 01 2016||Order extending time to file response to petition to and including July 11, 2016.|
|Jun 24 2016||Order further extending time to file response to petition to and including August 10, 2016.|
|Aug 02 2016||Order further extending time to file response to petition to and including September 9, 2016.|
|Sep 09 2016||Brief of respondent United States in opposition filed.|
|Sep 29 2016||DISTRIBUTED for Conference of October 14, 2016.|
|Oct 24 2016||DISTRIBUTED for Conference of October 28, 2016.|
|Oct 26 2016||Reply of petitioner Levon Dean, Jr. filed. (Distributed)|
|Oct 28 2016||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Question 2 presented by the petition.|
|Nov 14 2016||Motion to appoint counsel filed by petitioner Levon Dean, Jr.|
|Nov 21 2016||DISTRIBUTED for Conference of December 9, 2016.|
|Nov 21 2016||Motion DISTRIBUTED for Conference of December 9, 2016.|
|Dec 02 2016||The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 16, 2016.|
|Dec 02 2016||The time to file respondent's brief on the merits is extended to and including January 19, 2017.|
|Dec 12 2016||Motion to appoint counsel filed by petitioner GRANTED and Alan G. Stoler, Esquire, of Omaha, Nebraska, is appointed to serve as counsel for the petitioner in this case.|
|Dec 16 2016||Joint appendix filed. (Statement of costs filed)|
|Dec 16 2016||Brief of petitioner Levon Dean, Jr. filed.|
|Dec 20 2016||Consent to the filing of amicus curiae briefs in support of either party or of neither party from counsel for the petitioner.|
|Dec 22 2016||SET FOR ARGUMENT on Tuesday, February 28, 2017.|
|Dec 23 2016||Brief amici curiae of The National Association of Criminal Defense Lawyers, et al. filed.|
|Dec 30 2016||Record requested from U.S.C.A. 8th Circuit.|
|Jan 11 2017||Record received from U.S.C.A. 8th Circuit, 1 Box. Part of the record is SEALED.|
|Jan 18 2017||CIRCULATED.|
|Jan 19 2017||Brief of respondent United States (Corrected) filed. (Distributed)|
|Feb 15 2017||Reply of petitioner Levon Dean, Jr. filed. (Distributed)|
|Feb 28 2017||Argued. For petitioner: Alan G. Stoler, Omaha, Neb. (Appointed by this Court.) For respondent: Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Apr 03 2017||Judgment REVERSED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court.|
|May 05 2017||JUDGMENT ISSUED.|
|Aug 11 2017||Record from the U.S.C.A. for the Eight Circuit has been returned.|
#SCOTUS announces that it will hold a formal, although "purely ceremonial," investiture ceremony for Justice Amy Coney Barrett next Friday. Attendance at the ceremony is by invitation only, & press coverage will be pooled. Full announcement is here: https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-24-21
Need a refresher on "cert before judgment" practice at SCOTUS? We've got you covered.
@steve_vladeck examined the practice (among other types of extraordinary relief) in 2018: https://www.scotusblog.com/2018/12/power-versus-discretion-extraordinary-relief-and-the-supreme-court/
And Kevin Russell wrote a detailed explainer in 2011:
Abortion providers in Texas return to Supreme Court, now asking the justices for immediate review on the merits of their challenge to the state’s six-week abortion ban (cert. before judgment)
The Supreme Court will have a new oral argument procedure when they return to the bench Oct. 4. There will be an opportunity for individual questioning by each justice in order of seniority.
Interesting new procedure for oral arguments when the justices return to in-person arguments next month. Does it increase the chances that we will continue to hear from Justice Thomas, who was an active participant using the taking-turns format? https://twitter.com/GregStohr/status/1440318536723812363
NEW: The Supreme Court just released its December argument calendar. Dobbs v. Jackson Women's Health Organization, the term's big abortion case, will be argued Dec. 1.
#SCOTUS will hear oral argument in Mississippi abortion case challenging Roe v. Wade on Dec. 1. Full December argument calendar is here: https://www.supremecourt.gov/oral_arguments/argument_calendars/MonthlyArgumentCalDecember2021.pdf
We noted yesterday that Justice Thomas was speaking at Notre Dame but that there was no livestream. A video of his speech is now posted: https://www.youtube.com/watch?v=-kb4bFYdujA
Thomas criticized the media and defended the court's independence. Seems to be a theme among the justices lately.
💥 Breyer continues book tour (including @colbertlateshow two nights ago).
💥 Barrett gave a speech Sunday @uofl.
💥 Thomas is slated to give the 2021 Tocqueville Lecture today @NotreDame (but, like Barrett's speech, there is apparently no livestream).
Incidentally, Gorsuch had been scheduled to give a speech at the University of Wyoming today, but his visit was canceled due to COVID.
Nothing from Kagan or Gorsuch though 😢 https://twitter.com/SCOTUSblog/status/1438530948207874050