|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|16-9493||5th Cir.||Feb 21, 2018||Jun 18, 2018||7-2||Sotomayor||OT 2017|
Holding: A miscalculation of a Federal Guidelines sentencing range that has been determined to be plain and to affect a defendant’s substantial rights calls for a court of appeals to exercise its discretion under Federal Rule of Criminal Procedure 52(b) to vacate the defendant’s sentence in the ordinary case.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Sotomayor on June 18, 2018. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.
|Date||Proceedings and Orders |
|Jun 05 2017||Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2017)|
|Jul 07 2017||Order extending time to file response to petition to and including August 9, 2017.|
|Aug 09 2017||Brief of respondent United States in opposition filed.|
|Aug 22 2017||Reply of petitioner Florencio Rosales-Mireles filed. (Distributed)|
|Aug 24 2017||DISTRIBUTED for Conference of 9/25/2017.|
|Sep 28 2017||Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.|
|Nov 09 2017||The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 29, 2017.|
|Nov 09 2017||The time to file respondent's brief on the merits is extended to and including January 10, 2018.|
|Nov 29 2017||Joint appendix filed. (Statement of cost filed.)|
|Nov 29 2017||Brief of petitioner Rosales-Mireles, Florencio filed.|
|Dec 05 2017||Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.|
|Dec 20 2017||SET FOR ARGUMENT ON Wednesday, February 21, 2018|
|Jan 05 2018||CIRCULATED|
|Jan 10 2018||Record requested from the U.S.C.A. 5th Circuit.|
|Jan 10 2018||Brief of respondent United States filed. (Distributed)|
|Feb 09 2018||Reply of petitioner Rosales-Mireles, Florencio filed. (Distributed)|
|Feb 21 2018||Argued. For petitioner: Kristin L. Davidson, Assistant Federal Public Defender for Western Dist. of Tex., San Antonio, Tex. For respondent: Jonathan Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C.|
|Jun 18 2018||Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.|
|Jul 20 2018||JUDGMENT ISSUED.|
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