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United States v. Haymond

Docket No.17-1672
Op. Below10th Cir.
ArgumentFeb 26, 2019

Holding

The U.S. Court of Appeals for the 10th Circuit's judgment that 18 U.S.C. 3583(k)'s last two sentences are "unconstitutional and unenforceable" is vacated, and the case is remanded.

Judgment

Vacated and remanded, 5-4, in an opinion by Neil Gorsuch on Jun 26, 2019. Justice Gorsuch announced the judgment of the Supreme Court and delivered an opinion, in which Justices Ginsburg, Sotomayor, and Kagan joined. Justice Breyer filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion, in which Chief Justice Roberts and Justices Thomas and Kavanaugh joined.

Proceedings & orders timeline

Apr 3, 2018
Application (17A1065) to extend the time to file a petition for a writ of certiorari from April 16, 2018 to May 16, 2018, submitted to Justice Sotomayor.
Apr 4, 2018
Application (17A1065) granted by Justice Sotomayor extending the time to file until May 16, 2018.
May 3, 2018
Application (17A1065) to extend further the time from May 16, 2018 to June 15, 2018, submitted to Justice Sotomayor.
May 3, 2018
Application (17A1065) granted by Justice Sotomayor extending the time to file until June 15, 2018.
Jun 15, 2018
Petition for a writ of certiorari filed. (Response due July 16, 2018)
Jun 28, 2018
Motion of Andre Ralph Haymond for an extension of time not accepted for filing (corrected version submitted). (June 29, 2018)
Jun 28, 2018
Motion to extend the time to file a response from July 16, 2018 to August 15, 2018, submitted to The Clerk.
Jun 29, 2018
Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2018.
Aug 7, 2018
Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk.
Aug 13, 2018
Motion to extend the time to file a response is granted and the time is further extended to and including September 14, 2018.
Sep 13, 2018
Brief of respondent Andre Ralph Haymond in opposition filed.
Sep 13, 2018
Motion for leave to proceed in forma pauperis filed by respondent Andre Ralph Haymond.
Sep 26, 2018
Waiver of the 14-day waiting period pursuant to Rule 15.5 filed by the Solicitor General.
Sep 26, 2018
DISTRIBUTED for Conference of 10/12/2018.
Sep 26, 2018
Reply of petitioner United States filed. (Distributed)
Oct 22, 2018
DISTRIBUTED for Conference of 10/26/2018.
Oct 26, 2018
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Oct 26, 2018
Petition GRANTED.
Nov 19, 2018
Motion for an extension of time to file the briefs on the merits filed.
Nov 20, 2018
Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 17, 2018. The time to file respondent's brief on the merits is extended to and including January 18, 2019.
Dec 6, 2018
Motion to dispense with printing the joint appendix filed by petitioner United States.
Dec 17, 2018
Brief of petitioner United States filed.
Dec 21, 2018
SET FOR ARGUMENT for Tuesday, February 26, 2019.
Dec 21, 2018
Brief amici curiae of States of Utah, et al. filed.
Jan 7, 2019
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jan 11, 2019
Record requested from the U.S.C.A. 10th Circuit.
Jan 15, 2019
CIRCULATED
Jan 16, 2019
Record from the U.S.C.A. 10th Circuit is electronic and located on PACER. The record is complete.
Jan 18, 2019
Brief of respondent Andre Ralph Haymond filed. (Distributed)
Jan 25, 2019
Blanket Consent filed by Respondent, Andre Ralph Haymond.
Jan 25, 2019
Brief amici curiae of FAMM and the National Association of Criminal Defense Lawyers filed. (Distributed)
Jan 25, 2019
Brief amicus curiae of Due Process Institute filed. (Distributed)
Jan 25, 2019
Brief amici curiae of Social Science and Law Scholars filed. (Distributed)
Feb 1, 2019
Letter Proposing Material for Lodging of Andre Ralph Haymond not accepted for filing. (Request withdrawn as record material received from Tenth Circuit. February 19, 2019)
Feb 14, 2019
Reply of petitioner United States filed. (Distributed)
Feb 26, 2019
Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: William D. Lunn, Tulsa, Okla.
Apr 19, 2019
Motion for appointment of counsel filed by respondent Andre Ralph Haymond.
Apr 19, 2019
Affidavit of service to motion for appointment of counsel filed. (May 29, 2019)
May 28, 2019
DISTRIBUTED for Conference of 6/13/2019.
Jun 17, 2019
Motion to appoint counsel filed by respondent GRANTED, and William D. Lunn, Esq., of Tulsa, Oklahoma, is appointed to serve as counsel for respondent in this case.
Jun 26, 2019
Judgment VACATED and case REMANDED. Gorsuch, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Kavanaugh, JJ., joined.
Jul 29, 2019
JUDGMENT ISSUED>

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