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Gamble v. United States

Docket No.17-646
Op. Below11th Cir.
ArgumentDec 6, 2018

Holding

The dual-sovereignty doctrine, under which two offenses are not the "same offence" for double jeopardy purposes if prosecuted by separate sovereigns, is upheld.

Judgment

Affirmed, 7-2, in an opinion by Samuel Alito on Jun 17, 2019. Justice Thomas filed a concurring opinion. Justice Ginsburg and Justice Gorsuch filed dissenting opinions.

Proceedings & orders timeline

Oct 24, 2017
Petition for a writ of certiorari filed. (Response due December 4, 2017)
Nov 30, 2017
Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.
Nov 30, 2017
Order extending time to file response to petition to and including January 3, 2018.
Dec 4, 2017
Brief amici curiae of Constitutional Accountability Center and Cato Institute filed.
Dec 26, 2017
Motion to extend the time to file a response from January 3, 2018 to February 2, 2018, submitted to The Clerk.
Dec 28, 2017
Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018.
Jan 16, 2018
Brief of respondent United States in opposition filed.
Jan 30, 2018
Reply of petitioner Terance Gamble filed.
Mar 21, 2018
DISTRIBUTED for Conference of 4/13/2018.
Apr 16, 2018
DISTRIBUTED for Conference of 4/20/2018.
Apr 23, 2018
DISTRIBUTED for Conference of 4/27/2018.
May 7, 2018
DISTRIBUTED for Conference of 5/10/2018.
May 14, 2018
DISTRIBUTED for Conference of 5/17/2018.
May 21, 2018
DISTRIBUTED for Conference of 5/24/2018.
May 29, 2018
DISTRIBUTED for Conference of 5/31/2018.
Jun 4, 2018
DISTRIBUTED for Conference of 6/7/2018.
Jun 11, 2018
DISTRIBUTED for Conference of 6/14/2018.
Jun 18, 2018
DISTRIBUTED for Conference of 6/21/2018.
Jun 27, 2018
DISTRIBUTED for Conference of 6/27/2018.
Jun 28, 2018
Petition GRANTED.
Jul 23, 2018
Motion for an extension of time to file the opening briefs on the merits filed.
Aug 1, 2018
Motion for an extension of time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2018. The time to file respondent's brief on the merits is extended to and including October 25, 2018.
Sep 4, 2018
Joint appendix filed. (Statement of costs filed)
Sep 4, 2018
Brief of petitioner Terance Gamble filed.
Sep 7, 2018
Brief amicus curiae of Howard University School of Law Thurgood Marshall Civil Rights Center in support of neither party filed.
Sep 10, 2018
Brief amici curiae of Law Professors filed.
Sep 11, 2018
Brief amici curiae of U.S. Navy-Marine Corps Appellate Defense Division, et al. filed.
Sep 11, 2018
Brief amicus curiae of Senator Orrin Hatch filed.
Sep 11, 2018
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Sep 11, 2018
Brief amici curiae of Constitutional Accountability Center, et al. filed.
Sep 11, 2018
Brief amici curiae of Criminal Procedure Professors Stephen E. Henderson, et al. filed.
Sep 11, 2018
Brief amici curiae of Criminal Defense Experts filed.
Sep 11, 2018
Brief amicus curiae of The Rutherford Institute filed.
Oct 9, 2018
SET FOR ARGUMENT on Wednesday, December 5, 2018
Oct 15, 2018
Record requested from U.S.C.A. 11th Circuit.
Oct 18, 2018
Record received from the U.S.D.C. Southern Dist. of Alabama is electronic and located on PACER.
Oct 19, 2018
CIRCULATED
Oct 25, 2018
Brief of respondent United States filed. (Distributed)
Oct 29, 2018
Record received from the U.S.C.A. 11th Circuit is electronic, complete and located on PACER.
Nov 1, 2018
Brief amici curiae of National Indigenous Women's Resource Center et al. filed. (Distributed)
Nov 1, 2018
Brief amici curiae of Texas, et al. filed. (Distributed)
Nov 1, 2018
Brief amici curiae of National Association of Counties, et al. filed. (Distributed)
Nov 1, 2018
Motion for leave to participate in oral argument as amici curiae and for enlargement of time for oral argument filed by Texas, et al.
Nov 5, 2018
Opposition of petitioner to motion of Texas, et al., filed.
Nov 6, 2018
Response of respondent to motion of Texas, et al., filed.
Nov 6, 2018
Reply of Texas, et al. in support of motion, filed.
Nov 19, 2018
Motion of Texas, et al. for leave to participate in oral argument as amici curiae and for enlargement of time for oral argument is GRANTED and the time is allotted as follows: 40 minutes for the petitioner, 30 minutes for the respondent, and 10 minutes for Texas, et al.
Nov 20, 2018
Letter of respondent United States filed. (Distributed)
Nov 21, 2018
Reply of petitioner Terance Gamble filed. (Distributed)
Dec 3, 2018
RESCHEDULED FOR ARGUMENT ON Thursday, December 6, 2018
Dec 6, 2018
Argued. For petitioner: Louis A. Chaiten, Cleveland, Ohio. For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Texas, et al., as amici curiae: Kyle D. Hawkins, Texas Solicitor General, Austin, Tex.
Jun 17, 2019
Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Sotomayor, Kagan, and Kavanaugh, JJ., joined. Thomas, J., filed a concurring opinion. Ginsburg, J., and Gorsuch, J., filed dissenting opinions.
Jul 19, 2019
JUDGMENT ISSUED.

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