|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.|
FWOTSC. You figure that one out.*
h/t to @marinklevy for the story and the always-entertaining threads.
#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).