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Pulsifer v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
22-340 8th Cir. Oct 2, 2023
TBD TBD TBD OT 2023

Issue: Whether a defendant satisfies the criteria in 18 U.S.C. § 3553(f)(1) as amended by the First Step Act of 2018 in order to qualify for the federal drug-sentencing “safety valve” provision so long as he does not have (a) more than four criminal history points, (b) a three-point offense, and (c) a two-point offense, or whether the defendant satisfies the criteria so long as he does not have (a), (b), or (c).

DateProceedings and Orders (key to color coding)
Oct 07 2022Petition for a writ of certiorari filed. (Response due November 14, 2022)
Nov 09 2022Motion to extend the time to file a response from November 14, 2022 to December 14, 2022, submitted to The Clerk.
Nov 10 2022Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2022.
Dec 07 2022Motion to extend the time to file a response from December 14, 2022 to January 13, 2023, submitted to The Clerk.
Dec 08 2022Motion to extend the time to file a response is granted and the time is further extended to and including January 13, 2023.
Jan 13 2023Brief for the United States filed.
Feb 01 2023DISTRIBUTED for Conference of 2/17/2023.
Feb 02 2023Reply of petitioner Mark E. Pulsifer filed. (Distributed)
Feb 21 2023DISTRIBUTED for Conference of 2/24/2023.
Feb 22 2023Supplemental brief of petitioner Mark E. Pulsifer filed. (Distributed)
Feb 27 2023Petition GRANTED.
Mar 21 2023Motion for an extension of time to file the briefs on the merits filed.
Apr 07 2023Motion 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.
May 11 2023Motion to dispense with printing the joint appendix filed by petitioner Mark E. Pulsifer.
May 19 2023Brief of petitioner Mark E. Pulsifer filed.
May 22 2023Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 26 2023Brief amicus curiae of Americans for Prosperity Foundation filed.
May 26 2023Brief amici curiae of FAMM, et al. filed.
May 26 2023Brief amicus curiae of National Association of Federal Defenders filed.
May 26 2023Brief amici curiae of Professors Thomas R. Lee, et al. in support of neither party filed.
Jul 14 2023SET FOR ARGUMENT on Monday, October 2, 2023.
Jul 17 2023Record requested from the United States Court of Appeals for the Eighth Circuit.
Jul 19 2023Motion of petitioner for leave to proceed further herein in forma pauperis and for appointment of counsel filed.
Jul 24 2023Complete record on appeal received from the United States Court of Appeals for the Eighth Circuit (1 envelope). There are sealed documents with this record.
Jul 24 2023Brief of respondent United States filed.
Jul 27 2023CIRCULATED
Aug 16 2023Motion DISTRIBUTED for Conference of 9/26/2023.
Aug 23 2023Reply of petitioner Mark E. Pulsifer filed. (Distributed)
Oct 02 2023Motion 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.
Oct 02 2023Argued. For petitioner: Shay Dvoretzky, Washington, D. C. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.