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Lora v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-49 | 2nd Cir. |
Mar 28, 2023 |
Jun 16, 2023 | 9-0 | Jackson | OT 2022 |
Holding: The bar on imposition of concurrent sentences in 18 U.S.C. § 924(c)(1)(D)(ii) does not apply to a sentence for a Section 924(j) conviction; a Section 924(j) sentence can run either concurrently with or consecutively to another sentence.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Jackson on June 16, 2023.
SCOTUSblog Coverage
- Court strikes a blow for sentencing discretion under provision in federal firearm statute (Evan Lee, June 20, 2023)
- Court seems reluctant to extend ban on concurrent sentences in Armed Career Criminal Act (Evan Lee, March 29, 2023)
- Murder in Bronx drug trafficking scheme raises issue of concurrent sentencing (Evan Lee, March 27, 2023)
- Court schedules final two argument sessions of 2022-23 term (Amy Howe, January 31, 2023)
- Justices take up four new cases, including challenge to federal ban on encouraging illegal immigration (Amy Howe, December 9, 2022)
- Federal ban on inducing unlawful immigration for financial gain may get another Supreme Court test (John Elwood, December 7, 2022)
- Justices asked to strengthen the right to earn a living (Kalvis Golde, July 29, 2022)
| Date | Proceedings and Orders |
|---|---|
| May 05 2022 | Application (21A693) to extend the time to file a petition for a writ of certiorari from May 16, 2022 to July 15, 2022, submitted to Justice Sotomayor. |
| May 09 2022 | Application (21A693) granted by Justice Sotomayor extending the time to file until July 15, 2022. |
| Jul 15 2022 | Petition for a writ of certiorari filed. (Response due August 18, 2022) |
| Jul 22 2022 | Waiver of right of respondent United States to respond filed. |
| Jul 27 2022 | DISTRIBUTED for Conference of 9/28/2022. |
| Jul 29 2022 | Response Requested. (Due August 29, 2022) |
| Aug 23 2022 | Motion to extend the time to file a response from August 29, 2022 to September 28, 2022, submitted to The Clerk. |
| Aug 24 2022 | Motion to extend the time to file a response is granted and the time is extended to and including September 28, 2022. |
| Sep 22 2022 | Motion to extend the time to file a response from September 28, 2022 to October 28, 2022, submitted to The Clerk. |
| Sep 23 2022 | Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022. |
| Oct 28 2022 | Brief of respondent United States in opposition filed. |
| Nov 14 2022 | Reply of petitioner Efrain Lora filed. (Distributed) |
| Nov 15 2022 | DISTRIBUTED for Conference of 12/2/2022. |
| Dec 05 2022 | DISTRIBUTED for Conference of 12/9/2022. |
| Dec 09 2022 | Petition GRANTED. |
| Jan 20 2023 | Brief of petitioner Efrain Lora filed. |
| Jan 20 2023 | Motion to dispense with printing the joint appendix filed by petitioner Efrain Lora. |
| Jan 27 2023 | Brief amicus curiae of American Bar Association filed. |
| Jan 27 2023 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. |
| Jan 31 2023 | SET FOR ARGUMENT on Tuesday, March 28, 2023. |
| Feb 03 2023 | Record requested from the U.S.C.A. for the Second Circuit. |
| Feb 06 2023 | All records from the USCA-2nd Circuit were transmitted electronically (including sealed materials). Record request forwarded to the USDC-Southern District of New York. |
| Feb 13 2023 | CIRCULATED |
| Feb 21 2023 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Feb 21 2023 | Brief of respondent United States filed. (Distributed) |
| Mar 10 2023 | Sealed records received from the USDC-Southern District of New York (1 envelope). The remaining record is available on PACER. |
| Mar 17 2023 | Reply of petitioner Efrain Lora filed. (Distributed) |
| Mar 28 2023 | Argued. For petitioner: Lawrence D. Rosenberg, Washington, D. C. For respondent: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jun 16 2023 | Judgment VACATED and case REMANDED. Jackson, J., delivered the opinion for a unanimous Court. |
| Jul 17 2023 | Sealed records returned to the USDC-Southern District of New York (1 envelope). |
| Jul 18 2023 | Judgment issued. |
