Koons v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-5716 | 8th Cir. | Mar 27, 2018 | Jun 4, 2018 | 9-0 | Alito | OT 2017 |
Holding: Petitioners do not qualify for sentence reductions under 18 U. S. C. §3582(c)(2) because their sentences were not “based on” their lowered Federal Sentencing Guidelines ranges but, instead, were “based on” their mandatory minimums and their substantial assistance to the government.
Judgment: Affirmed, 9-0, in an opinion by Justice Alito on June 4, 2018.
SCOTUSblog Coverage
- OT2017 #28: "Stale Cake" (First Mondays, June 11, 2018)
- Opinion analysis: Justices discard game effort to extend eligibility for sentence reduction (Douglas Berman, June 4, 2018)
- A "view" from the courtroom: Justice Kennedy’s Master-pièce de résistance (Mark Walsh, June 4, 2018)
- Argument analysis: For sentence modification, what will “based on” be based on? (Douglas Berman, March 27, 2018)
- Argument preview: Another look at what a sentence is “based on” (Douglas Berman, March 20, 2018)
- Justices release March calendar (Amy Howe, January 24, 2018)
- Court adds seven new cases to merits docket (Amy Howe, December 8, 2017)
| Date | Proceedings and Orders |
|---|---|
| Aug 22 2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2017) |
| Sep 21 2017 | Order extending time to file response to petition to and including October 25, 2017. |
| Oct 25 2017 | Brief of respondent United States in opposition filed. |
| Nov 09 2017 | DISTRIBUTED for Conference of 12/1/2017. |
| Dec 04 2017 | DISTRIBUTED for Conference of 12/8/2017. |
| Dec 08 2017 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Dec 18 2017 | Motion to appoint counsel filed by petitioners Timothy D. Koons, et al. |
| Dec 27 2017 | DISTRIBUTED for Conference of 1/12/2018. |
| Jan 16 2018 | Motion to appoint counsel filed by petitioners GRANTED, and Jeffrey L. Fisher, Esquire, of Stanford, California, is appointed to serve as counsel for the petitioners in this case. |
| Jan 17 2018 | Blanket Consent filed by Petitioner, Timothy D. Koons, et al. |
| Jan 22 2018 | Brief of petitioners Timothy D. Koons, et al. filed. |
| Jan 22 2018 | Joint appendix filed. (Statement of cost filed.) |
| Jan 22 2018 | Motion for leave to file a supplemental volume of the joint appendix under seal filed by petitioner Timothy D. Koons, et al. |
| Jan 24 2018 | SET FOR ARGUMENT ON Tuesday, March 27, 2018 |
| Jan 29 2018 | Brief amicus curiae of Families Against Mandatory Minimums filed. |
| Jan 29 2018 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Jan 29 2018 | Brief amicus curiae of National Association of Federal Defenders filed. |
| Jan 31 2018 | DISTRIBUTED for Conference of 2/16/2018. |
| Feb 07 2018 | CIRCULATED |
| Feb 20 2018 | Motion for leave to file a supplemental volume of the joint appendix under seal GRANTED. |
| Feb 21 2018 | Record requested from the U.S.C.A. 8th Circuit. |
| Feb 21 2018 | Brief of respondent United States filed. (Distributed) |
| Mar 13 2018 | Reply of petitioners Timothy D. Koons, et al. filed. (Distributed) |
| Mar 27 2018 | Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court.) For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jun 04 2018 | Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court. |
| Jul 06 2018 | JUDGMENT ISSUED. |
