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Lockhart v. United States

Docket No.14-8358
Op. Below2d Cir.
ArgumentNov 3, 2015

Holding

A state-court conviction for first-degree sexual abuse involving the defendant's adult girlfriend triggers the ten-year mandatory minimum sentence of 18 U.S.C. § 2252(b)(2), which applies to prior state-court convictions for crimes "relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward"; the limiting phrase "involving a minor or ward" applies only to the phrase "abusive sexual conduct."

Judgment

Affirmed, 6-2, in an opinion by Sonia Sotomayor on Mar 1, 2016. Justice Kagan filed a dissenting opinion, in which Justice Breyer joined.

Proceedings & orders timeline

Jan 14, 2015
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 11, 2015)
Mar 3, 2015
Order extending time to file response to petition to and including April 10, 2015.
Apr 10, 2015
Brief of respondent United States in opposition filed.
Apr 28, 2015
Reply of petitioner Avondale Lockhart filed. (Distributed)
Apr 29, 2015
DISTRIBUTED for Conference of May 14, 2015.
May 18, 2015
DISTRIBUTED for Conference of May 21, 2015.
May 26, 2015
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jun 23, 2015
The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 24, 2015.
Jun 23, 2015
The time to file respondent's brief on the merits is extended to and including September 8, 2015.
Jul 24, 2015
Joint appendix filed. (Statement of costs received.)
Jul 24, 2015
Brief of petitioner Avondale Lockhart filed.
Sep 8, 2015
Brief of respondent United States filed.
Sep 9, 2015
SET FOR ARGUMENT on Tuesday, November 3, 2015
Sep 10, 2015
Record requested from the U.S.C.A. 2nd Circuit.
Sep 11, 2015
Record request received from the U.S.C.A. 2nd Circuit is electronic.
Sep 21, 2015
CIRCULATED
Oct 8, 2015
Reply of petitioner Avondale Lockhart filed. (Distributed)
Nov 3, 2015
Argued. For petitioner: Edward S. Zas, Assistant Federal Defender, New York, N. Y. For respondent: Ann O'Connell, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 1, 2016
Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, and Alito, JJ., joined. Kagan, J., filed a dissenting opinion, in which Breyer, J., joined.
Apr 4, 2016
JUDGMENT ISSUED

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