|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.|
In yet another Friday night shadow docket order, a divided Supreme Court sides with challengers to California’s COVID-related restrictions. Brief per curiam opinion and dissent from Justice Kagan: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
By vote of 5-4, #SCOTUS blocks California's COVID-related restrictions on in-home prayer meetings and worship. Opinion & Kagan's dissent are here: https://www.supremecourt.gov/opinions/20pdf/20a151_4g15.pdf
President Biden will sign an executive order authorizing a commission to study Supreme Court reform. The commission will review “the length of service and turnover of justices on the court; the membership and size of the court” among other topics.
President Biden to Sign Executive Order Creating the Presidential Commission on the Supreme Court of the United States | The White House
President Biden will today issue an executive order forming the Presidential Commission on the Supreme Court of the United States, comprised of a
The Supreme Court will hear April and May oral arguments remotely but with a live audio feed.
#SCOTUS confirms that "[i]n keeping with public health guidance in response to COVID-19," it will hear oral arguments in April and on May 4 remotely, as it has for the other argument sessions this term. Press release here: https://www.scotusblog.com/wp-content/uploads/2021/04/Media-Advisory-Teleconference-Arguments.pdf
In a Monday evening shadow-docket filing, Tennessee asks the Supreme Court to reinstate a state law that imposes a 48-hour waiting period for patients to abortions. A federal judge struck down the waiting period as unconstitutional. @AHoweBlogger explains:
Tennessee asks court to restore waiting period for abortions - SCOTUSblog
Tennessee filed an emergency request with the Supreme Court on Monday, asking the justices for permission to enforce...
BREAKING: In major copyright battle between tech giants, SCOTUS sides w/ Google over Oracle, finding that Google didnt commit copyright infringement when it reused lines of code in its Android operating system. The code came from Oracle's JAVA SE platform. https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf
NEW: The Supreme Court agrees to take up one new case, Brown v. Davenport. It's a technical but important question about the standard for federal courts reviewing habeas claims to assess whether constitutional violations were "harmless error." https://www.supremecourt.gov/orders/courtorders/040521zor_3204.pdf
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