Pulsifer v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-340 | 8th Cir. | Oct 2, 2023 | Mar 15, 2024 | 6-3 | Kagan | OT 2023 |
Holding: A criminal defendant facing a mandatory minimum sentence is eligible for safety-valve relief under 18 U.S.C. § 3553(f)(1) only if the defendant satisfies each of the provision"s three conditions.
Judgment: Affirmed, 6-3, in an opinion by Justice Kagan on March 15, 2024. Justice Gorsuch filed a dissenting opinion, in which Justices Sotomayor and Jackson joined.
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| Date | Proceedings and Orders |
|---|---|
| 10/07/2022 | Petition for a writ of certiorari filed. (Response due November 14, 2022) |
| 11/09/2022 | Motion to extend the time to file a response from November 14, 2022 to December 14, 2022, submitted to The Clerk. |
| 11/10/2022 | Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2022. |
| 12/07/2022 | Motion to extend the time to file a response from December 14, 2022 to January 13, 2023, submitted to The Clerk. |
| 12/08/2022 | Motion to extend the time to file a response is granted and the time is further extended to and including January 13, 2023. |
| 01/13/2023 | Brief for the United States filed. |
| 02/01/2023 | DISTRIBUTED for Conference of 2/17/2023. |
| 02/02/2023 | Reply of petitioner Mark E. Pulsifer filed. (Distributed) |
| 02/21/2023 | DISTRIBUTED for Conference of 2/24/2023. |
| 02/22/2023 | Supplemental brief of petitioner Mark E. Pulsifer filed. (Distributed) |
| 02/27/2023 | Petition GRANTED. |
| 03/21/2023 | Motion for an extension of time to file the briefs on the merits filed. |
| 04/07/2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 19, 2023. The time to file respondent's brief on the merits is extended to and including July 24, 2023. |
| 05/11/2023 | Motion to dispense with printing the joint appendix filed by petitioner Mark E. Pulsifer. |
| 05/19/2023 | Brief of petitioner Mark E. Pulsifer filed. |
| 05/22/2023 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 05/26/2023 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| 05/26/2023 | Brief amici curiae of FAMM, et al. filed. |
| 05/26/2023 | Brief amicus curiae of National Association of Federal Defenders filed. |
| 05/26/2023 | Brief amici curiae of Professors Thomas R. Lee, et al. in support of neither party filed. |
| 07/14/2023 | SET FOR ARGUMENT on Monday, October 2, 2023. |
| 07/17/2023 | Record requested from the United States Court of Appeals for the Eighth Circuit. |
| 07/19/2023 | Motion of petitioner for leave to proceed further herein in forma pauperis and for appointment of counsel filed. |
| 07/24/2023 | Complete record on appeal received from the United States Court of Appeals for the Eighth Circuit (1 envelope). There are sealed documents with this record. |
| 07/24/2023 | Brief of respondent United States filed. |
| 07/27/2023 | CIRCULATED |
| 08/16/2023 | Motion DISTRIBUTED for Conference of 9/26/2023. |
| 08/23/2023 | Reply of petitioner Mark E. Pulsifer filed. (Distributed) |
| 10/02/2023 | Motion of petitioner for leave to proceed further herein in forma pauperis and for appointment of counsel GRANTED. J. Robert Black, of Omaha, Nebraska, is appointed to serve as counsel for the petitioner in this case. |
| 10/02/2023 | Argued. For petitioner: Shay Dvoretzky, Washington, D. C. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| 03/15/2024 | Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined. |
| 04/16/2024 | Judgment Issued. |
| 08/13/2024 | Record returned to the United States Court of Appeals for the Eighth Circuit. |