| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-1056 | 7th Cir. | N/A | N/A | N/A | N/A | OT 2012 |
Issue: (1) Whether a conspiracy charge under 18 U.S.C. § 371 which alleges violations of both the defraud and offense prongs of that statute presents one or two offenses; (2) whether an ends-of-justice finding necessary to grant an excludable continuance under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), can be inferred based solely on the context in which the district court granted a continuance rather than the court’s reasoning “on the record" and (3) whether a sentencing court violates the Ex Post Facto Clause by using the U.S. Sentencing Guidelines in effect at the time of sentencing, rather than the Guidelines in effect at the time of the offense, when the newer Guidelines create a significant risk that a defendant will receive a higher sentence.
Judgment: Vacated on January 1, 1970.
| Date | Proceedings and Orders |
|---|---|
| Dec 11 2012 | Application (12A602) to extend the time to file a petition for a writ of certiorari from December 27, 2012 to February 25, 2013, submitted to Justice Kagan. |
| Dec 13 2012 | Application (12A602) granted by Justice Kagan extending the time to file until February 25, 2013. |
| Feb 25 2013 | Petition for a writ of certiorari filed. (Response due March 29, 2013) |
| Mar 22 2013 | Order extending time to file response to petition to and including April 29, 2013. |
| Apr 23 2013 | Order further extending time to file response to petition to and including May 15, 2013. |
| May 15 2013 | Brief of respondent United States filed. |
| May 28 2013 | DISTRIBUTED for Conference of June 13, 2013. |
| Jun 17 2013 | Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Peugh v. United States, 569 U.S. ____ (2013). |
| Jul 9 2013 | Petition for Rehearing filed. |
| Jul 9 2013 | Motion for leave to proceed further herein in forma pauperis filed by petitioner Michael A. Vallone. |
| Jul 19 2013 | JUDGMENT ISSUED |
| Aug 8 2013 | DISTRIBUTED. |
| Aug 30 2013 | Rehearing DENIED. |
