Rosales-Mireles v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
16-9493	5th Cir.	Feb 21, 2018 Tr.Aud.	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

Opinion analysis: Plain Sentencing Guidelines errors "ordinarily" justify relief (Evan Lee)
A "view" from the courtroom: Down to the last few matches (Mark Walsh)
Argument analysis: Justices hint at categorical approach to correcting forfeited Sentencing Guidelines errors (Evan Lee)
OT2017 #14: "Justice for Stormy" (First Mondays)
Argument preview: Should forfeited Sentencing Guidelines errors normally be corrected? (Evan Lee)
Court releases February calendar (Amy Howe)
Justices issue orders from "long conference" (UPDATED) (Amy Howe)

Date	Proceedings and Orders (key to color coding)
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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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

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Cases argued	43
Cases decided	9
Summary reversals	2
Merits cases granted to date	73

Rosales-Mireles v. United States

SCOTUSblog Coverage

Featured Posts

Challengers urge justices to dismiss census case after district court ruling – Amy Howe

Reargument analysis: Justices seek a “middle position” in takings litigation case – Miriam Seifter

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

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