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Lora v. United States

Docket No.22-49
Op. Below2nd Cir.
ArgumentMar 28, 2023

Holding

The bar on imposition of concurrent sentences in 18 U.S.C. § 924(c)(1)(D)(ii) does not apply to a sentence for a Section 924(j) conviction; a Section 924(j) sentence can run either concurrently with or consecutively to another sentence.

Judgment

Vacated and remanded, 9-0, in an opinion by Ketanji Brown Jackson on Jun 16, 2023.

Proceedings & orders timeline

May 5, 2022
Application (21A693) to extend the time to file a petition for a writ of certiorari from May 16, 2022 to July 15, 2022, submitted to Justice Sotomayor.
May 9, 2022
Application (21A693) granted by Justice Sotomayor extending the time to file until July 15, 2022.
Jul 15, 2022
Petition for a writ of certiorari filed. (Response due August 18, 2022)
Jul 22, 2022
Waiver of right of respondent United States to respond filed.
Jul 27, 2022
DISTRIBUTED for Conference of 9/28/2022.
Jul 29, 2022
Response Requested. (Due August 29, 2022)
Aug 23, 2022
Motion to extend the time to file a response from August 29, 2022 to September 28, 2022, submitted to The Clerk.
Aug 24, 2022
Motion to extend the time to file a response is granted and the time is extended to and including September 28, 2022.
Sep 22, 2022
Motion to extend the time to file a response from September 28, 2022 to October 28, 2022, submitted to The Clerk.
Sep 23, 2022
Motion to extend the time to file a response is granted and the time is further extended to and including October 28, 2022.
Oct 28, 2022
Brief of respondent United States in opposition filed.
Nov 14, 2022
Reply of petitioner Efrain Lora filed. (Distributed)
Nov 15, 2022
DISTRIBUTED for Conference of 12/2/2022.
Dec 5, 2022
DISTRIBUTED for Conference of 12/9/2022.
Dec 9, 2022
Petition GRANTED.
Jan 20, 2023
Brief of petitioner Efrain Lora filed.
Jan 20, 2023
Motion to dispense with printing the joint appendix filed by petitioner Efrain Lora.
Jan 27, 2023
Brief amicus curiae of American Bar Association filed.
Jan 27, 2023
Brief amicus curiae of The National Association of Criminal Defense Lawyers filed.
Jan 31, 2023
SET FOR ARGUMENT on Tuesday, March 28, 2023.
Feb 3, 2023
Record requested from the U.S.C.A. for the Second Circuit.
Feb 6, 2023
All records from the USCA-2nd Circuit were transmitted electronically (including sealed materials). Record request forwarded to the USDC-Southern District of New York.
Feb 13, 2023
CIRCULATED
Feb 21, 2023
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 21, 2023
Brief of respondent United States filed. (Distributed)
Mar 10, 2023
Sealed records received from the USDC-Southern District of New York (1 envelope). The remaining record is available on PACER.
Mar 17, 2023
Reply of petitioner Efrain Lora filed. (Distributed)
Mar 28, 2023
Argued. For petitioner: Lawrence D. Rosenberg, Washington, D. C. For respondent: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 16, 2023
Judgment VACATED and case REMANDED. Jackson, J., delivered the opinion for a unanimous Court.
Jul 17, 2023
Sealed records returned to the USDC-Southern District of New York (1 envelope).
Jul 18, 2023
Judgment issued.

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