Descamps v. United States

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
11-9540	9th Cir.	Jan 7, 2013	Jun 20, 2013	8-1	Kagan	OT 2012

Holding: Sentencing courts may not apply the modified categorical approach to a federal defendant when the crime of which the defendant was previously convicted has a single, indivisible set of elements.

Judgment: Reversed, 8-1, in an opinion by Justice Kagan on June 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion.

SCOTUSblog Coverage

Opinion analysis: When is a burglary not a burglary? (Daniel Richman, June 21, 2013)
Details: Descamps v. United States (Tejinder Singh, June 20, 2013)
Argument recap: Court struggles with classifying prior burglary convictions across states and courtrooms (Daniel Richman, January 8, 2013)
Argument preview: When is a burglary a burglary? (Daniel Richman, January 4, 2013)
Court grants two more cases (Lyle Denniston, August 31, 2012)

Date	Proceedings and Orders (key to color coding)
03/19/2012	Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2012)
04/18/2012	Order extending time to file response to petition to and including May 29, 2012.
05/21/2012	Order further extending time to file response to petition to and including June 28, 2012.
06/28/2012	Brief of respondent United States in opposition filed.
07/12/2012	DISTRIBUTED for Conference of September 24, 2012.
07/17/2012	Supplemental brief of petitioner Matthew Robert Descamps filed. (Distributed)
08/31/2012	Motion to proceed in forma pauperis is granted. The petition for a writ of certiorari is GRANTED limited to Question 1 presented by the petition.
09/11/2012	Motion to appoint counsel filed by petitioner Matthew Robert Descamps.
10/03/2012	Motion DISTRIBUTED for Conference of October 26, 2012.
10/05/2012	The time to file the joint appendix and petitioner's brief on the merits is extended to and including October 24, 2012.
10/05/2012	The time to file respondent's brief on the merits is extended to and including December 3, 2012.
10/18/2012	Motion to file volume II of the joint appendix under seal filed by petitioner Matthew Robert Descamps.
10/24/2012	Joint appendix filed. (Volume 1 of 2) (Statement of costs filed)
10/24/2012	Brief of petitioner Matthew Robert Descamps filed.
10/29/2012	Motion to appoint counsel filed by petitioner GRANTED. Dan B. Johnson, Esquire, of Spokane, Washington, is appointed to serve as counsel for the petitioner.
10/29/2012	Motion DISTRIBUTED for Conference of November 20, 2012.
10/31/2012	SET FOR ARGUMENT ON Monday, January 7, 2013.
10/31/2012	Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
11/16/2012	CIRCULATED.
11/26/2012	Motion to file volume II of the joint appendix under seal GRANTED.
12/03/2012	Brief of respondent United States filed. (Distributed)
12/05/2012	Record recieved from U.S.C.A. for 9th Circuit. (1 box).
12/05/2012	Record from U.S.D.C. for Eastern District of Washingon is electronic. There is 1 sealed envelope received from U.S.C.A. for 9th Circuit) that is a part of U.S.D.C. record.
12/27/2012	Reply of petitioner Matthew Robert Descamps filed. (Distributed)
01/07/2013	Argued. For petitioner: Dan B. Johnson, Spokane, Wash. (Appointed by this Court.) For respondent: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/20/2013	Judgment REVERSED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kenendy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Kennedy, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion.
07/03/2013	Petition for Rehearing filed.
08/08/2013	DISTRIBUTED.
08/30/2013	Rehearing DENIED.
08/30/2013	JUDGMENT ISSUED.
09/04/2013	Record returned to U.S.C.A. for 9th Circuit.

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the NACDL as”amicus curiae”in this case.

Judgment:”Reversed, 8-1, in an opinion by Justice Kagan on June 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion.