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Shular v. United States

Docket No.18-6662
Op. Below11th. Cir.
ArgumentJan 21, 2020

Holding

The definition of in "serious drug offense" in 18 U.S.C. § 924(e)(2)(A)(ii) requires only that the state offense involve the conduct specified in the statute; it does not require that the state offense match certain generic offenses.

Judgment

Affirmed, 9-0, in an opinion by Ruth Bader Ginsburg on Feb 26, 2020. Justice Kavanaugh filed a concurring opinion.

Proceedings & orders timeline

Nov 8, 2018
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 13, 2018)
Dec 4, 2018
Motion to extend the time to file a response from December 13, 2018 to January 14, 2019, submitted to The Clerk.
Dec 6, 2018
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.
Jan 10, 2019
Motion to extend the time to file a response from January 14, 2019 to February 13, 2019, submitted to The Clerk.
Jan 11, 2019
Motion to extend the time to file a response is granted and the time is further extended to and including February 13, 2019.
Feb 13, 2019
Brief of respondent United States in opposition filed.
Feb 13, 2019
Waiver of the 14-day waiting period under 15.5 filed by petitioner.
Feb 28, 2019
DISTRIBUTED for Conference of 3/15/2019.
Mar 11, 2019
Rescheduled.
Jun 5, 2019
DISTRIBUTED for Conference of 6/20/2019.
Jun 14, 2019
Supplemental brief of petitioner Eddie Shular filed. (Distributed)
Jun 26, 2019
DISTRIBUTED for Conference of 6/27/2019.
Jun 28, 2019
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jul 18, 2019
Joint motion for an extension of time to file the briefs on the merits filed.
Jul 30, 2019
Joint 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 September 25, 2019. The time to file respondent's brief on the merits is extended to and including November 22, 2019. The reply brief is to be filed on or before December 20, 2019.
Sep 10, 2019
Motion to dispense with printing the joint appendix filed by petitioner Eddie Shular.
Sep 13, 2019
Blanket Consent filed by Petitioner, Eddie Shular
Sep 25, 2019
Brief of petitioner Eddie Shular filed.
Oct 2, 2019
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Oct 2, 2019
Brief amicus curiae of FAMM filed.
Oct 2, 2019
Brief amici curiae of American Immigration Lawyers Association, et al. filed.
Oct 7, 2019
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Nov 8, 2019
SET FOR ARGUMENT on Tuesday, January 21, 2020.
Nov 22, 2019
Brief of respondent United States filed.
Nov 26, 2019
CIRCULATED
Dec 3, 2019
Record requested from the U.S.C.A. 11th Circuit.
Dec 10, 2019
The record from the U.S.D.C. Northern Dist. of Florida is electronic and located on PACER, the record is complete.
Dec 11, 2019
The record received from the U.S.C.A. 11th Circuit is electronic and located on PACER, this record is complete.
Dec 20, 2019
Reply of petitioner Eddie Shular filed. (Distributed)
Jan 21, 2020
Argued. For petitioner: Richard M. Summa, Tallahassee, Fla. For respondent: Jonathan C. Bond, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Feb 26, 2020
Adjudged to be AFFIRMED. Ginsburg, J., delivered the opinion for a unanimous Court. Kavanaugh, J., filed a concurring opinion.
Mar 30, 2020
JUDGMENT ISSUED

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