McFadden v. United States
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.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Aug 18 2014 | Application (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 2014 | Application (14A199) granted by The Chief Justice extending the time to file until October 14, 2014. |
| Oct 2 2014 | Petition for a writ of certiorari filed. (Response due November 3, 2014) |
| Oct 30 2014 | Order extending time to file response to petition to and including December 3, 2014. |
| Nov 20 2014 | Order further extending time to file response to petition to and including December 15, 2014. |
| Dec 15 2014 | Brief of respondent United States in opposition filed. (To be reprinted). |
| Dec 17 2014 | DISTRIBUTED for Conference of January 9, 2015. |
| Dec 19 2014 | Reply of petitioner Stephen Dominick McFadden filed. (Distributed) |
| Jan 12 2015 | DISTRIBUTED for Conference of January 16, 2015. |
| Jan 16 2015 | Petition GRANTED. |
| Mar 2 2015 | Joint appendix filed. (Statement of costs filed.) |
| Mar 2 2015 | Brief of petitioner Stephen Dominick McFadden filed. |
| Mar 5 2015 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| Mar 6 2015 | SET FOR ARGUMENT ON Monday, April 21, 2015 |
| Mar 9 2015 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Mar 9 2015 | Brief amici curiae of Expert Forensic Scientists filed. |
| Mar 16 2015 | CIRCULATED. |
| Mar 17 2015 | Record requested from U.S.C.A. 4th Circuit. |
| Mar 17 2015 | Record 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 2015 | Brief of respondent the United States filed. (Distributed) |
| Apr 10 2015 | Reply of petitioner Stephen Dominick McFadden filed. (Distributed) |
| Apr 21 2015 | Argued. 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 2015 | Judgment 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. |
| Jul 20 2015 | JUDGMENT ISSUED. |
