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Rosales-Mireles v. United States

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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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 05 2017Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2017)
Jul 07 2017Order extending time to file response to petition to and including August 9, 2017.
Aug 09 2017Brief of respondent United States in opposition filed.
Aug 22 2017Reply of petitioner Florencio Rosales-Mireles filed. (Distributed)
Aug 24 2017DISTRIBUTED for Conference of 9/25/2017.
Sep 28 2017Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Nov 09 2017The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 29, 2017.
Nov 09 2017The time to file respondent's brief on the merits is extended to and including January 10, 2018.
Nov 29 2017Joint appendix filed. (Statement of cost filed.)
Nov 29 2017Brief of petitioner Rosales-Mireles, Florencio filed.
Dec 05 2017Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Dec 20 2017SET FOR ARGUMENT ON Wednesday, February 21, 2018
Jan 05 2018CIRCULATED
Jan 10 2018Record requested from the U.S.C.A. 5th Circuit.
Jan 10 2018Brief of respondent United States filed. (Distributed)
Feb 09 2018Reply of petitioner Rosales-Mireles, Florencio filed. (Distributed)
Feb 21 2018Argued. 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 2018Judgment 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 2018JUDGMENT ISSUED.