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Descamps v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
11-9540 9th Cir. Jan 7, 2013 Jun 20, 2013 8-1 Kagan OT 2012

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the NACDL as amicus curiae in this case.

Holding: Sentencing courts may not apply the modified categorical approach to a federal defendant when the crime of which the defendant was previously convicted has a single, indivisible set of elements.

Judgment: Reversed, 8-1, in an opinion by Justice Kagan on June 20, 2013. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 19 2012Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 27, 2012)
Apr 18 2012Order extending time to file response to petition to and including May 29, 2012.
May 21 2012Order further extending time to file response to petition to and including June 28, 2012.
Jun 28 2012Brief of respondent United States in opposition filed.
Jul 12 2012DISTRIBUTED for Conference of September 24, 2012.
Jul 17 2012Supplemental brief of petitioner Matthew Robert Descamps filed. (Distributed)
Aug 31 2012Motion to proceed in forma pauperis is granted. The petition for a writ of certiorari is GRANTED limited to Question 1 presented by the petition.
Sep 11 2012Motion to appoint counsel filed by petitioner Matthew Robert Descamps.
Oct 3 2012Motion DISTRIBUTED for Conference of October 26, 2012.
Oct 5 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including October 24, 2012.
Oct 5 2012The time to file respondent's brief on the merits is extended to and including December 3, 2012.
Oct 18 2012Motion to file volume II of the joint appendix under seal filed by petitioner Matthew Robert Descamps.
Oct 24 2012Joint appendix filed. (Volume 1 of 2) (Statement of costs filed)
Oct 24 2012Brief of petitioner Matthew Robert Descamps filed.
Oct 29 2012Motion to appoint counsel filed by petitioner GRANTED. Dan B. Johnson, Esquire, of Spokane, Washington, is appointed to serve as counsel for the petitioner.
Oct 29 2012Motion DISTRIBUTED for Conference of November 20, 2012.
Oct 31 2012SET FOR ARGUMENT ON Monday, January 7, 2013.
Oct 31 2012Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Nov 16 2012CIRCULATED.
Nov 26 2012Motion to file volume II of the joint appendix under seal GRANTED.
Dec 3 2012Brief of respondent United States filed. (Distributed)
Dec 5 2012Record recieved from U.S.C.A. for 9th Circuit. (1 box).
Dec 5 2012Record from U.S.D.C. for Eastern District of Washingon is electronic. There is 1 sealed envelope received from U.S.C.A. for 9th Circuit) that is a part of U.S.D.C. record.
Dec 27 2012Reply of petitioner Matthew Robert Descamps filed. (Distributed)
Jan 7 2013Argued. For petitioner: Dan B. Johnson, Spokane, Wash. (Appointed by this Court.) For respondent: Benjamin J. Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 20 2013Judgment REVERSED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kenendy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Kennedy, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion.
Jul 3 2013Petition for Rehearing filed.
Aug 8 2013DISTRIBUTED.
Aug 30 2013Rehearing DENIED.
Aug 30 2013JUDGMENT ISSUED.
Sep 4 2013Record returned to U.S.C.A. for 9th Circuit.