Wheeler v. United States
Petition granted, judgment vacated and case remanded for the court to consider the First Step Act of 2018 on June 3, 2019.
Issues: (1) Whether a law enforcement officer’s warrantless insertion of keys into a locked apartment door, within a secured multi-unit dwelling, to gain information that was unavailable to the naked eye is an unreasonable search; (2) whether the rule of the U.S. Court of Appeals for the 3rd Circuit, which limits parties to the precise arguments raised in the district court, directly conflicts with the Supreme Court’s traditional rule that parties are not limited to the precise arguments made below but can make any argument in support of a claim that was properly presented.
| Date | Proceedings and Orders (key to color coding) |
|---|
| Dec 19 2018 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2019) |
| Jan 25 2019 | Motion to extend the time to file a response from January 28, 2019 to February 27, 2019, submitted to The Clerk. |
| Jan 28 2019 | Motion to extend the time to file a response is granted and the time is extended to and including February 27, 2019. |
| Feb 12 2019 | Motion to extend the time to file a response from February 27, 2019 to March 29, 2019, submitted to The Clerk. |
| Feb 13 2019 | Motion to extend the time to file a response is granted and the time is further extended to and including March 29, 2019. |
| Mar 19 2019 | Supplemental brief of petitioner Willis Wheeler filed. |
| Mar 26 2019 | Motion to extend the time to file a response from March 29, 2029 to April 5, 2019, submitted to The Clerk. |
| Mar 27 2019 | Motion to extend the time to file a response is granted and the time is further extended to and including April 5, 2019. |
| Apr 05 2019 | Brief of respondent United States in opposition filed. |
| Apr 16 2019 | Reply of petitioner Willis Wheeler filed. |
| Apr 24 2019 | DISTRIBUTED for Conference of 5/9/2019. |
| May 13 2019 | DISTRIBUTED for Conference of 5/16/2019. |
| May 20 2019 | DISTRIBUTED for Conference of 5/23/2019. |
| May 28 2019 | DISTRIBUTED for Conference of 5/30/2019. |
| Jun 03 2019 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for the court to consider the First Step Act of 2018, Pub. L. No. 115-391 (2018). |
| Jul 05 2019 | JUDGMENT ISSUED. |
