|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|17-5716||8th Cir.||Mar 27, 2018||Jun 4, 2018||9-0||Alito||OT 2017|
Holding: Petitioners do not qualify for sentence reductions under 18 U. S. C. §3582(c)(2) because their sentences were not “based on” their lowered Federal Sentencing Guidelines ranges but, instead, were “based on” their mandatory minimums and their substantial assistance to the government.
Judgment: Affirmed, 9-0, in an opinion by Justice Alito on June 4, 2018.
|Date||Proceedings and Orders |
|Aug 22 2017||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2017)|
|Sep 21 2017||Order extending time to file response to petition to and including October 25, 2017.|
|Oct 25 2017||Brief of respondent United States in opposition filed.|
|Nov 09 2017||DISTRIBUTED for Conference of 12/1/2017.|
|Dec 04 2017||DISTRIBUTED for Conference of 12/8/2017.|
|Dec 08 2017||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.|
|Dec 18 2017||Motion to appoint counsel filed by petitioners Timothy D. Koons, et al.|
|Dec 27 2017||DISTRIBUTED for Conference of 1/12/2018.|
|Jan 16 2018||Motion to appoint counsel filed by petitioners GRANTED, and Jeffrey L. Fisher, Esquire, of Stanford, California, is appointed to serve as counsel for the petitioners in this case.|
|Jan 17 2018||Blanket Consent filed by Petitioner, Timothy D. Koons, et al.|
|Jan 22 2018||Brief of petitioners Timothy D. Koons, et al. filed.|
|Jan 22 2018||Joint appendix filed. (Statement of cost filed.)|
|Jan 22 2018||Motion for leave to file a supplemental volume of the joint appendix under seal filed by petitioner Timothy D. Koons, et al.|
|Jan 24 2018||SET FOR ARGUMENT ON Tuesday, March 27, 2018|
|Jan 29 2018||Brief amicus curiae of Families Against Mandatory Minimums filed.|
|Jan 29 2018||Brief amicus curiae of National Association of Criminal Defense Lawyers filed.|
|Jan 29 2018||Brief amicus curiae of National Association of Federal Defenders filed.|
|Jan 31 2018||DISTRIBUTED for Conference of 2/16/2018.|
|Feb 07 2018||CIRCULATED|
|Feb 20 2018||Motion for leave to file a supplemental volume of the joint appendix under seal GRANTED.|
|Feb 21 2018||Record requested from the U.S.C.A. 8th Circuit.|
|Feb 21 2018||Brief of respondent United States filed. (Distributed)|
|Mar 13 2018||Reply of petitioners Timothy D. Koons, et al. filed. (Distributed)|
|Mar 27 2018||Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court.) For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Jun 04 2018||Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.|
|Jul 06 2018||JUDGMENT ISSUED.|
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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