Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
---|---|---|---|---|---|---|
11-9540 | 9th Cir. | Jan 7, 2013 | Jun 20, 2013 | 8-1 | Kagan | OT 2012 |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the NACDL as amicus curiae in this case.
Holding: Sentencing courts may not apply the modified categorical approach to a federal defendant when the crime of which the defendant was previously convicted has a single, indivisible set of elements.
Judgment: Reversed, 8-1, in an opinion by Justice Kagan on June 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion.
Date | Proceedings and Orders |
---|---|
Mar 19 2012 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2012) |
Apr 18 2012 | Order extending time to file response to petition to and including May 29, 2012. |
May 21 2012 | Order further extending time to file response to petition to and including June 28, 2012. |
Jun 28 2012 | Brief of respondent United States in opposition filed. |
Jul 12 2012 | DISTRIBUTED for Conference of September 24, 2012. |
Jul 17 2012 | Supplemental brief of petitioner Matthew Robert Descamps filed. (Distributed) |
Aug 31 2012 | Motion to proceed in forma pauperis is granted. The petition for a writ of certiorari is GRANTED limited to Question 1 presented by the petition. |
Sep 11 2012 | Motion to appoint counsel filed by petitioner Matthew Robert Descamps. |
Oct 3 2012 | Motion DISTRIBUTED for Conference of October 26, 2012. |
Oct 5 2012 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including October 24, 2012. |
Oct 5 2012 | The time to file respondent's brief on the merits is extended to and including December 3, 2012. |
Oct 18 2012 | Motion to file volume II of the joint appendix under seal filed by petitioner Matthew Robert Descamps. |
Oct 24 2012 | Joint appendix filed. (Volume 1 of 2) (Statement of costs filed) |
Oct 24 2012 | Brief of petitioner Matthew Robert Descamps filed. |
Oct 29 2012 | Motion to appoint counsel filed by petitioner GRANTED. Dan B. Johnson, Esquire, of Spokane, Washington, is appointed to serve as counsel for the petitioner. |
Oct 29 2012 | Motion DISTRIBUTED for Conference of November 20, 2012. |
Oct 31 2012 | SET FOR ARGUMENT ON Monday, January 7, 2013. |
Oct 31 2012 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
Nov 16 2012 | CIRCULATED. |
Nov 26 2012 | Motion to file volume II of the joint appendix under seal GRANTED. |
Dec 3 2012 | Brief of respondent United States filed. (Distributed) |
Dec 5 2012 | Record recieved from U.S.C.A. for 9th Circuit. (1 box). |
Dec 5 2012 | Record from U.S.D.C. for Eastern District of Washingon is electronic. There is 1 sealed envelope received from U.S.C.A. for 9th Circuit) that is a part of U.S.D.C. record. |
Dec 27 2012 | Reply of petitioner Matthew Robert Descamps filed. (Distributed) |
Jan 7 2013 | Argued. For petitioner: Dan B. Johnson, Spokane, Wash. (Appointed by this Court.) For respondent: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
Jun 20 2013 | Judgment REVERSED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kenendy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Kennedy, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion. |
Jul 3 2013 | Petition for Rehearing filed. |
Aug 8 2013 | DISTRIBUTED. |
Aug 30 2013 | Rehearing DENIED. |
Aug 30 2013 | JUDGMENT ISSUED. |
Sep 4 2013 | Record returned to U.S.C.A. for 9th Circuit. |
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We're live now on SCOTUSblog's homepage or at https://www.scotusblog.com/2022/05/announcement-of-orders-and-opinions-for-monday-may-16/
Today at SCOTUS: The court will issue one or more opinions in argued cases at 10 a.m. EDT. But first, orders on pending petitions at 9:30. We'll fire up our live blog at 9:25 to break it all down and answer your questions. Grab some ☕️ and come join us: https://www.scotusblog.com/2022/05/announcement-of-orders-and-opinions-for-monday-may-16/