|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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In an immigration case, SCOTUS rules 5-4 that federal courts do NOT have jurisdiction to review certain executive-branch factual findings that determine whether non-citizens are eligible for "adjustment of status." Those findings can dictate whether a person is deported.
SCOTUS agrees to take up two new cases: Jones v. Hendrix (a habeas corpus case) and SEC v. Cochran (a case about the power of district courts to hear challenges to the constitutionality of the SEC's administrative law proceedings). Full order list here: https://www.supremecourt.gov/orders/courtorders/051622zor_hgcj.pdf
We're live now on SCOTUSblog's homepage or at https://www.scotusblog.com/2022/05/announcement-of-orders-and-opinions-for-monday-may-16/
Today at SCOTUS: The court will issue one or more opinions in argued cases at 10 a.m. EDT. But first, orders on pending petitions at 9:30. We'll fire up our live blog at 9:25 to break it all down and answer your questions. Grab some ☕️ and come join us: https://www.scotusblog.com/2022/05/announcement-of-orders-and-opinions-for-monday-may-16/
Today at SCOTUS: The court will issue one or more opinions in argued cases at 10 a.m. EDT. But first, orders on pending petitions at 9:30. We'll fire up our live blog at 9:25 to break it all down and answer your questions. Grab some ☕️ and come join us:
Announcement of orders and opinions for Monday, May 16 - SCOTUSblog
On Monday, May 16, we will be live blogging as the court releases orders from the May 12 conference and opinio...