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McFadden v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
14-378 4th Cir. Apr 21, 2015 Jun 18, 2015 9-0 Thomas OT 2014

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Holding: Section 841(a)(1) of the Controlled Substances Act, which makes it unlawful knowingly to manufacture, distribute, or possess with intent to distribute controlled substances, requires the government to establish that the defendant knew he was dealing with a substance regulated under the Controlled Substances Act or the Controlled Substance Analogue Enforcement Act of 1986.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Thomas on June 18, 2015. Chief Justice Roberts filed an opinion concurring in part and concurring in the judgement.

DateProceedings and Orders (key to color coding)
Aug 18 2014Application (14A199) to extend the time to file a petition for a writ of certiorari from September 15, 2014 to October 14, 2014, submitted to The Chief Justice.
Aug 21 2014Application (14A199) granted by The Chief Justice extending the time to file until October 14, 2014.
Oct 2 2014Petition for a writ of certiorari filed. (Response due November 3, 2014)
Oct 30 2014Order extending time to file response to petition to and including December 3, 2014.
Nov 20 2014Order further extending time to file response to petition to and including December 15, 2014.
Dec 15 2014Brief of respondent United States in opposition filed. (To be reprinted).
Dec 17 2014DISTRIBUTED for Conference of January 9, 2015.
Dec 19 2014Reply of petitioner Stephen Dominick McFadden filed. (Distributed)
Jan 12 2015DISTRIBUTED for Conference of January 16, 2015.
Jan 16 2015Petition GRANTED.
Mar 2 2015Joint appendix filed. (Statement of costs filed.)
Mar 2 2015Brief of petitioner Stephen Dominick McFadden filed.
Mar 5 2015Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Mar 6 2015SET FOR ARGUMENT ON Monday, April 21, 2015
Mar 9 2015Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Mar 9 2015Brief amici curiae of Expert Forensic Scientists filed.
Mar 16 2015CIRCULATED.
Mar 17 2015Record requested from U.S.C.A. 4th Circuit.
Mar 17 2015Record received from U.S.C.A. 4th Circuit is electronic and located on PACER. Also sent electronically from the 4th Circuit a SEALED Appendix.
Apr 1 2015Brief of respondent the United States filed. (Distributed)
Apr 10 2015Reply of petitioner Stephen Dominick McFadden filed. (Distributed)
Apr 21 2015Argued. For petitioner: Kevin K. Russell, Bethesda, Md. For respondent: Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 18 2015Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Scalia, Kennedy, Ginsburg, Breyer, Alito, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., filed an opinion concurring in part and concurring in the judgment.