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Kernan v. Cuero

Docket No.16-1468
Op. Below9th Cir.

Holding

The U.S. Court of Appeals erred when it held that "federal law" as interpreted by the Supreme Court "clearly" establishes that specific performance of the lower sentence that the parties had originally expected is constitutionally required.

Judgment

Reversed and remanded, n/a on Nov 6, 2017.

Proceedings & orders timeline

Jun 6, 2017
Petition for a writ of certiorari filed. (Response due July 10, 2017)
Jul 6, 2017
Brief of respondent Michael Daniel Cuero in opposition filed.
Jul 6, 2017
Motion for leave to proceed in forma pauperis filed by respondent Michael Daniel Cuero.
Jul 24, 2017
Reply of petitioner Scott Kernan, Secretary, California Department of Corrections and Rehabilitation filed.
Jul 26, 2017
DISTRIBUTED for Conference of September 25, 2017.
Sep 5, 2017
Record Requested.
Sep 5, 2017
Record received from the U.S.C.A. 9th Circuit. The record is electronic.
Oct 2, 2017
DISTRIBUTED for Conference of 10/6/2017.
Oct 10, 2017
DISTRIBUTED for Conference of 10/13/2017.
Oct 23, 2017
DISTRIBUTED for Conference of 10/27/2017.
Oct 30, 2017
DISTRIBUTED for Conference of 11/3/2017.
Nov 6, 2017
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 6, 2017
Petition for certiorari GRANTED, Judgment REVERSED and case REMANDED. Opinion per curiam. (Detached Opinion).
Nov 15, 2017
Petition for Rehearing filed.
Nov 29, 2017
DISTRIBUTED for Conference of 1/5/2018.
Jan 8, 2018
Rehearing DENIED.
Jan 9, 2018
JUDGMENT ISSUED.

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