Editor's Note :

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The Supreme Court will release orders from the March 22 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday and Wednesday.
On Monday the Supreme Court hears oral argument in PDR Network, LLC v. Carlton & Harris Chiropractic Inc.; Christopher Walker has our preview.
On Monday the Supreme Court also hears oral argument in The Dutra Group v. Batterton; Joel Goldstein has our preview.

Lester v. United States

Petition for certiorari denied on May 21, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-1366 M.D. Ga. N/A N/A N/A N/A OT 2017

Issues: (1) Whether the retroactivity analysis of Teague v. Lane is categorical, such that when the Supreme Court held that Johnson v. United States announced a new substantive rule of constitutional law that is retroactive to cases on collateral review in Welch v. United States, it made Johnson’s rule retroactive for purposes of all cases on collateral review; and (2) whether the Johnson rule made retroactive in Welch renders the residual clause of the career offender provision of the mandatory, pre-Booker Sentencing Guidelines unconstitutionally vague.

DateProceedings and Orders (key to color coding)
Mar 26 2018Petition for a writ of certiorari before judgment filed. (Response due April 27, 2018)
Apr 05 2018Waiver of right of respondent United States to respond filed.
Apr 11 2018DISTRIBUTED for Conference of 4/27/2018.
May 07 2018DISTRIBUTED for Conference of 5/10/2018.
May 14 2018DISTRIBUTED for Conference of 5/17/2018.
May 21 2018Petition DENIED.
Term Snapshot