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Pulsifer v. United States

Docket No.22-340
Op. Below8th Cir.
ArgumentOct 2, 2023

Holding

A criminal defendant facing a mandatory minimum sentence is eligible for safety-valve relief under 18 U.S.C. § 3553(f)(1) only if the defendant satisfies each of the provision's three conditions.

Judgment

Affirmed, 6-3, in an opinion by Elena Kagan on Mar 15, 2024. Justice Gorsuch filed a dissenting opinion, in which Justices Sotomayor and Jackson joined.

Proceedings & orders timeline

Oct 7, 2022
Petition for a writ of certiorari filed. (Response due November 14, 2022)
Nov 9, 2022
Motion to extend the time to file a response from November 14, 2022 to December 14, 2022, submitted to The Clerk.
Nov 10, 2022
Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2022.
Dec 7, 2022
Motion to extend the time to file a response from December 14, 2022 to January 13, 2023, submitted to The Clerk.
Dec 8, 2022
Motion to extend the time to file a response is granted and the time is further extended to and including January 13, 2023.
Jan 13, 2023
Brief for the United States filed.
Feb 1, 2023
DISTRIBUTED for Conference of 2/17/2023.
Feb 2, 2023
Reply of petitioner Mark E. Pulsifer filed. (Distributed)
Feb 21, 2023
DISTRIBUTED for Conference of 2/24/2023.
Feb 22, 2023
Supplemental brief of petitioner Mark E. Pulsifer filed. (Distributed)
Feb 27, 2023
Petition GRANTED.
Mar 21, 2023
Motion for an extension of time to file the briefs on the merits filed.
Apr 7, 2023
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 19, 2023. The time to file respondent's brief on the merits is extended to and including July 24, 2023.
May 11, 2023
Motion to dispense with printing the joint appendix filed by petitioner Mark E. Pulsifer.
May 19, 2023
Brief of petitioner Mark E. Pulsifer filed.
May 22, 2023
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 26, 2023
Brief amicus curiae of Americans for Prosperity Foundation filed.
May 26, 2023
Brief amici curiae of FAMM, et al. filed.
May 26, 2023
Brief amicus curiae of National Association of Federal Defenders filed.
May 26, 2023
Brief amici curiae of Professors Thomas R. Lee, et al. in support of neither party filed.
Jul 14, 2023
SET FOR ARGUMENT on Monday, October 2, 2023.
Jul 17, 2023
Record requested from the United States Court of Appeals for the Eighth Circuit.
Jul 19, 2023
Motion of petitioner for leave to proceed further herein in forma pauperis and for appointment of counsel filed.
Jul 24, 2023
Complete record on appeal received from the United States Court of Appeals for the Eighth Circuit (1 envelope). There are sealed documents with this record.
Jul 24, 2023
Brief of respondent United States filed.
Jul 27, 2023
CIRCULATED
Aug 16, 2023
Motion DISTRIBUTED for Conference of 9/26/2023.
Aug 23, 2023
Reply of petitioner Mark E. Pulsifer filed. (Distributed)
Oct 2, 2023
Motion of petitioner for leave to proceed further herein in forma pauperis and for appointment of counsel GRANTED. J. Robert Black, of Omaha, Nebraska, is appointed to serve as counsel for the petitioner in this case.
Oct 2, 2023
Argued. For petitioner: Shay Dvoretzky, Washington, D. C. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 15, 2024
Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Kavanaugh, and Barrett, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined.
Apr 16, 2024
Judgment Issued.
Aug 13, 2024
Record returned to the United States Court of Appeals for the Eighth Circuit.

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