|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.|
JUST IN: The Supreme Court will continue to provide a live audio stream of oral arguments in the new term that begins on Monday. https://www.supremecourt.gov/publicinfo/press/pressreleases/pr_09-28-22
SCOTUS releases new "circuit justice" lineup, with Jackson taking over the Boston-based 1st Circuit (formerly handled by Breyer). Each justice reviews emergency appeals from the regions covered by his or her circuits. (Controversial cases usually get referred to the full court.)
Today at SCOTUS: The justices meet privately for their annual "long conference" to review cert petitions that have rolled in over the summer. They'll also likely discuss the status of the Dobbs leak investigation and whether to continue live audio of oral arguments this term.
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.