|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-155||11th Cir.||Mar 27, 2018||Jun 4, 2018||6-3||Kennedy||OT 2017|
Holding: A Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement is “based on” the defendant’s Federal Sentencing Guidelines range so long as that range was part of the framework the district court relied on in imposing the sentence or accepting the agreement; thus, Erik Hughes may seek a sentencing reduction under 18 U. S. C. §3582(c)(2).
Judgment: Reversed and remanded, 6-3, in an opinion by Justice Kennedy on June 4, 2018. Justice Sotomayor filed a concurring opinion. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas and Alito joined.
|Date||Proceedings and Orders |
|May 19 2017||Application (16A1134) to extend the time to file a petition for a writ of certiorari from May 28, 2017 to July 27, 2017, submitted to Justice Thomas.|
|May 22 2017||Application (16A1134) granted by Justice Thomas extending the time to file until July 27, 2017.|
|Jul 27 2017||Petition for a writ of certiorari filed. (Response due August 31, 2017)|
|Aug 24 2017||Order extending time to file response to petition to and including October 2, 2017.|
|Sep 22 2017||Order further extending time to file response to petition to and including November 1, 2017.|
|Nov 01 2017||Brief of respondent United States in opposition filed.|
|Nov 17 2017||Reply of petitioner Erik Hughes filed.|
|Nov 20 2017||DISTRIBUTED for Conference of 12/8/2017.|
|Dec 08 2017||Petition GRANTED.|
|Jan 11 2018||Motion to dispense with printing the joint appendix filed by petitioner Erik Hughes.|
|Jan 22 2018||Motion to dispense with printing the joint appendix filed by petitioner GRANTED.|
|Jan 22 2018||Brief of petitioner Erik Hughes filed.|
|Jan 24 2018||SET FOR ARGUMENT ON Tuesday, March 27, 2018|
|Jan 25 2018||Brief amici curiae of Chantell and Michael Sackett, and Duarte Nursery, Inc. filed.|
|Jan 26 2018||Brief amicus curiae of Richard M. Re in support of neither party filed.|
|Jan 26 2018||Motion for leave to file amici brief filed by Law Professors in support of neither party filed.|
|Jan 29 2018||Brief amici curiae of Agricultural Building, Forestry, Livestock, Manufacturing, Mining, and Petroleum Business Interests filed.|
|Jan 29 2018||Brief amici curiae of National Association of Criminal Defense Lawyers and the National Association of Federal Defenders filed.|
|Jan 29 2018||Brief amicus curiae of Professor Douglas A. Berman filed.|
|Feb 07 2018||CIRCULATED|
|Feb 20 2018||Motion for leave to file amici brief filed by Law Professors in support of neither party GRANTED.|
|Feb 21 2018||Record requested from the U.S.C.A. 11th Circuit.|
|Feb 21 2018||Brief of respondent United States filed. (Distributed)|
|Mar 02 2018||Record received from the U.S.D.C. Northern Dist. of Georgia. (1 Envelope, part of the record is Sealed)|
|Mar 13 2018||Reply of petitioner Erik Hughes filed. (Distributed)|
|Mar 27 2018||Argued. For petitioner: Eric Shumsky, Washington, D. C. For respondent: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Jun 04 2018||Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed a concurring opinion. Roberts, C. J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.|
|Jul 06 2018||JUDGMENT ISSUED.|
|Aug 29 2018||The record from the U.S.D.C. Northern Dist. of Georgia has been returned.|
NEW shadow-docket case: New York landlords ask SCOTUS for an emergency order to prevent the state from continuing to enforce its COVID-related eviction moratorium. They say the moratorium "runs roughshod" over their constitutional rights.
Filing here: https://www.scotusblog.com/wp-content/uploads/2021/07/21A8-1.pdf
New on the shadow docket: Florida seeks an emergency order blocking CDC policies that substantially limit cruise ships from sailing.
Florida asks #SCOTUS to block, pending appeal, CDC restrictions imposed on cruise industry b/c of COVID-19 pandemic: https://www.scotusblog.com/wp-content/uploads/2021/07/21A5.pdf
NEW: Mississippi formally asks the Supreme Court to overturn its landmark abortion case, Roe v. Wade, in latest court filing. https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385_19-1392BriefForPetitioners.pdf
Biden’s SCOTUS reform commission met yesterday and discussed several reform ideas including adding justices and adopting a formal code of ethics.
Term limits emerged as a popular idea. But how to implement it — via statute or constitutional amendment?
Term limits emerge as popular proposal at latest meeting of court-reform commission - SCOTUSblog
The Presidential Commission on the Supreme Court reconvened on Tuesday to hear from a new set of experts on vari...
I really enjoyed getting to chat with the incomparable @AHoweBlogger about (1) why #SCOTUS's "shadow docket" *is* a big deal; (2) why it's so hard to figure out how to include it in broader assessments of the Justices' work; and (3) some possible ways to include it going forward. https://twitter.com/SCOTUSblog/status/1417545384314949635
How do you solve a problem like the shadow docket? @steve_vladeck has some thoughts and shared them with @AHoweBlogger in the latest SCOTUStalk.
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