United States v. Sims
Consolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-766 | Oct 9, 2018 | Dec 10, 2018 | 9-0 | Breyer | OT 2018 |
Holding: The term "burglary" in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Breyer on December 10, 2018.
SCOTUSblog Coverage
- Opinion analysis: Justices hold their fire on the ACCA, unanimously agreeing that burglary includes vehicles adapted or customarily used for overnight sleeping (Rory Little, December 10, 2018)
- OT2018 #3: "Ordinary Pinch" (First Mondays, October 15, 2018)
- Argument analysis: Trying to define robbery and burglary, justices confront the jurisprudential mess of the ACCA (Rory Little, October 10, 2018)
- A "view" from the courtroom: Justice Kavanaugh takes the bench (Mark Walsh, October 9, 2018)
- Argument preview: What vehicle burglaries, if any, count for enhancing Armed Career Criminal Act sentences? (Rory Little, October 2, 2018)
- Criminal cases in the October 2018 term: A law professors dream (Rory Little, September 18, 2018)
- Justices grant review in Armed Career Criminal Act cases (Amy Howe, April 23, 2018)
- Petitions of the day (Aurora Barnes, December 14, 2017)
| Date | Proceedings and Orders |
|---|---|
| 10/20/2017 | Application (17A447) granted by Justice Gorsuch extending the time to file until December 1, 2017. |
| 10/20/2017 | Application (17A447) to extend the time to file a petition for a writ of certiorari from November 1, 2017 to December 1, 2017, submitted to Justice Gorsuch. |
| 11/21/2017 | Petition for a writ of certiorari filed. (Response due December 26, 2017) |
| 12/18/2017 | Motion to extend the time to file a response from December 26, 2017 to January 25, 2018, submitted to The Clerk. |
| 12/22/2017 | Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2018. |
| 01/19/2018 | Motion to extend the time to file a response from January 25, 2018 to February 26, 2018, submitted to The Clerk. |
| 01/25/2018 | Motion to extend the time to file a response is granted and the time is further extended to and including February 26, 2018. |
| 02/23/2018 | Motion for leave to proceed in forma pauperis filed by respondent Jason Sims. |
| 02/23/2018 | Brief of respondent Jason Sims in opposition filed. |
| 03/07/2018 | Reply of petitioner United States filed. |
| 03/21/2018 | DISTRIBUTED for Conference of 4/13/2018. |
| 04/16/2018 | DISTRIBUTED for Conference of 4/20/2018. |
| 04/23/2018 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 04/23/2018 | Petition GRANTED. The petition for a writ of certiorari in No. 17-765 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| 04/23/2018 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-765. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-765. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the flings is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| 07/09/2018 | SET FOR ARGUMENT On Tuesday, October 9, 2018. VIDED. |
| 08/03/2018 | CIRCULATED |
| 08/07/2018 | Record requested from the U.S.C.A. 8th Circuit. |
| 08/14/2018 | Record received from the U.S.C.A. 8th Circuit. 1 Envelope. |
| 09/26/2018 | Record received from the U.S.D.C. Eastern Dist. of Arkansas is electronic and located on PACER with the exception of SEALED documents that are electronic. |
| 10/09/2018 | Argued. For petitioner: Erica Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Jeffrey L. Fisher, Menlo Park, Cal. (Appointed by this Court.) VIDED. |
| 12/10/2018 | Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. |
| 01/11/2019 | JUDGMENT ISSUED. |