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Hester v. United States

Certiorari Denied

Petition for certiorari denied on January 7, 2019.

Docket No.17-9082
Op. Below9th Cir.

Issue

Whether the rule of Apprendi v. New Jersey"which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt"should apply to the imposition of criminal restitution.

Proceedings & orders timeline

May 21, 2018
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 25, 2018)
Jun 4, 2018
Waiver of right of respondent United States to respond filed.
Jun 14, 2018
DISTRIBUTED for Conference of 9/24/2018.
Jul 13, 2018
Response Requested. (Due August 13, 2018)
Aug 8, 2018
Motion to extend the time to file a response from August 13, 2018 to September 12, 2018, submitted to The Clerk.
Aug 9, 2018
Motion to extend the time to file a response is granted and the time is extended to and including September 12, 2018.
Sep 4, 2018
Motion to extend the time to file a response from September 12, 2018 to October 12, 2018, submitted to The Clerk.
Sep 5, 2018
Motion to extend the time to file a response is granted and the time is further extended to and including October 12, 2018.
Oct 12, 2018
Brief of respondent United States in opposition filed.
Oct 17, 2018
Reply of petitioners Marco Luis, et al. filed.
Oct 25, 2018
DISTRIBUTED for Conference of 11/9/2018.
Nov 6, 2018
Rescheduled.
Nov 13, 2018
DISTRIBUTED for Conference of 11/16/2018.
Nov 26, 2018
DISTRIBUTED for Conference of 11/30/2018.
Dec 3, 2018
DISTRIBUTED for Conference of 12/7/2018.
Dec 20, 2018
DISTRIBUTED for Conference of 1/4/2019.
Jan 7, 2019
Petition DENIED. Justice Alito, concurring in the denial of certiorari. Justice Gorsuch, with whom Justice Sotomayor joins, dissenting from the denial of certiorari. (Detached Opinion)

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