|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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