Rosales-Mireles v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 16-9493 | 5th Cir. | Feb 21, 2018 | Jun 18, 2018 | 7-2 | Sotomayor | OT 2017 |
Holding: A miscalculation of a Federal Guidelines sentencing range that has been determined to be plain and to affect a defendant’s substantial rights calls for a court of appeals to exercise its discretion under Federal Rule of Criminal Procedure 52(b) to vacate the defendant’s sentence in the ordinary case.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Sotomayor on June 18, 2018. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.
SCOTUSblog Coverage
- Opinion analysis: Plain Sentencing Guidelines errors "ordinarily" justify relief (Evan Lee, June 19, 2018)
- A "view" from the courtroom: Down to the last few matches (Mark Walsh, June 18, 2018)
- Argument analysis: Justices hint at categorical approach to correcting forfeited Sentencing Guidelines errors (Evan Lee, February 22, 2018)
- OT2017 #14: "Justice for Stormy" (First Mondays, February 19, 2018)
- Argument preview: Should forfeited Sentencing Guidelines errors normally be corrected? (Evan Lee, February 14, 2018)
- Court releases February calendar (Amy Howe, December 20, 2017)
- Justices issue orders from "long conference" (UPDATED) (Amy Howe, September 28, 2017)
| Date | Proceedings and Orders |
|---|---|
| Jun 05 2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2017) |
| Jul 07 2017 | Order extending time to file response to petition to and including August 9, 2017. |
| Aug 09 2017 | Brief of respondent United States in opposition filed. |
| Aug 22 2017 | Reply of petitioner Florencio Rosales-Mireles filed. (Distributed) |
| Aug 24 2017 | DISTRIBUTED for Conference of 9/25/2017. |
| Sep 28 2017 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Nov 09 2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 29, 2017. |
| Nov 09 2017 | The time to file respondent's brief on the merits is extended to and including January 10, 2018. |
| Nov 29 2017 | Joint appendix filed. (Statement of cost filed.) |
| Nov 29 2017 | Brief of petitioner Rosales-Mireles, Florencio filed. |
| Dec 05 2017 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| Dec 20 2017 | SET FOR ARGUMENT ON Wednesday, February 21, 2018 |
| Jan 05 2018 | CIRCULATED |
| Jan 10 2018 | Record requested from the U.S.C.A. 5th Circuit. |
| Jan 10 2018 | Brief of respondent United States filed. (Distributed) |
| Feb 09 2018 | Reply of petitioner Rosales-Mireles, Florencio filed. (Distributed) |
| Feb 21 2018 | Argued. For petitioner: Kristin L. Davidson, Assistant Federal Public Defender for Western Dist. of Tex., San Antonio, Tex. For respondent: Jonathan Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| Jun 18 2018 | Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined. |
| Jul 20 2018 | JUDGMENT ISSUED. |
