United States v. Stitt
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 17-765 | 6th Cir. | Oct 9, 2018 | Dec 10, 2018 | 9-0 | Breyer | OT 2018 |
Holding: The term “burglary” in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
Judgment: Reversed, 9-0, in an opinion by Justice Breyer on December 10, 2018.
SCOTUSblog Coverage
- Opinion analysis: Justices hold their fire on the ACCA, unanimously agreeing that “burglary” includes vehicles “adapted or customarily used” for overnight sleeping (Rory Little, December 10, 2018)
- OT2018 #3: "Ordinary Pinch" (First Mondays, October 15, 2018)
- Argument analysis: Trying to define “robbery” and “burglary,” justices confront the jurisprudential “mess” of the ACCA (Rory Little, October 10, 2018)
- A "view" from the courtroom: Justice Kavanaugh takes the bench (Mark Walsh, October 9, 2018)
- Argument preview: What vehicle burglaries, if any, count for enhancing Armed Career Criminal Act sentences? (Rory Little, October 2, 2018)
- Criminal cases in the October 2018 term: A law professor’s dream (Rory Little, September 18, 2018)
- Justices grant review in Armed Career Criminal Act cases (Amy Howe, April 23, 2018)
- Petitions of the day (Aurora Barnes, December 14, 2017)
| Date | Proceedings and Orders |
|---|---|
| Sep 12 2017 | Application (17A287) to extend the time to file a petition for a writ of certiorari from September 25, 2017 to October 25, 2017, submitted to Justice Kagan. |
| Sep 13 2017 | Application (17A287) granted by Justice Kagan extending the time to file until October 25, 2017. |
| Oct 13 2017 | Application (17A287) granted by Justice Kagan extending the time to file until November 24, 2017. |
| Oct 13 2017 | Application (17A287) to extend further the time from October 25, 2017 to November 24, 2017, submitted to Justice Kagan. |
| Nov 21 2017 | Petition for a writ of certiorari filed. (Response due December 26, 2017) |
| Dec 14 2017 | Motion to extend the time to file a response from December 26, 2017 to January 25, 2018, submitted to The Clerk. |
| Dec 19 2017 | Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2018. |
| Jan 25 2018 | Motion for leave to proceed in forma pauperis filed by respondent Victor Stitt, II. |
| Jan 25 2018 | Brief of respondent Victor Stitt, II in opposition filed. |
| Feb 13 2018 | Reply of petitioner United States filed. |
| Feb 14 2018 | DISTRIBUTED for Conference of 3/2/2018. |
| Feb 23 2018 | Letter of petitioner United States filed. (Distributed) |
| Feb 26 2018 | Rescheduled. |
| Mar 21 2018 | DISTRIBUTED for Conference of 4/13/2018. |
| Apr 16 2018 | DISTRIBUTED for Conference of 4/20/2018. |
| Apr 23 2018 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| Apr 23 2018 | Petition GRANTED. The petition for a writ of certiorari in No. 17-766 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| Apr 23 2018 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-765. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-765. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the flings is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| May 07 2018 | Motion for appointment of counsel filed by respondent Jason Sims (in No. 17-766). (Corrected motion to be submitted 5/29/18). |
| May 07 2018 | Motion for appointment of counsel filed by respondent Jason Daniel Sims (in No. 17-766). (Corrected motion received 6/4/18). |
| May 09 2018 | Motion for an extension of time filed. |
| May 17 2018 | Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to an including June 26, 2018. The time to file respondents' briefs on the merits is extended to and including August 14, 2018. |
| May 31 2018 | Motion to dispense with printing the joint appendix filed by petitioner United States. VIDED. |
| Jun 13 2018 | DISTRIBUTED for Conference of 9/24/2018. |
| Jun 26 2018 | Brief of petitioner United States filed. VIDED. |
| Jul 09 2018 | SET FOR ARGUMENT On Tuesday, October 9, 2018. VIDED. |
| Aug 03 2018 | CIRCULATED |
| Aug 06 2018 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED. |
| Aug 07 2018 | Record requested from the U.S.C.A. 6th Circuit. |
| Aug 07 2018 | Record received from the U.S.C.A. 6 Circuit. The record is electronic. |
| Aug 14 2018 | Brief of respondent Victor Stitt, II filed. (Distributed) |
| Aug 14 2018 | Blanket Consent filed by Respondent, Jason Daniel Sims |
| Aug 14 2018 | Brief of respondent Jason Daniel Sims (in 17-766) filed. (Distributed) |
| Aug 15 2018 | Blanket Consent filed by Respondent, Victor Stitt, II |
| Aug 16 2018 | Joint motion for divided argument filed by respondents. VIDED. |
| Aug 21 2018 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. VIDED. (Distributed) |
| Aug 21 2018 | Amicus brief of The National Association of Federal Defenders not accepted for filing. (Brief to be reprinted - August 24, 2018) |
| Aug 21 2018 | Brief amicus curiae of National Association of Federal Defenders filed. VIDED. (Distributed) |
| Sep 13 2018 | Reply of petitioner United States filed. VIDED. (Distributed) |
| Sep 24 2018 | Joint motion for divided argument filed by respondents DENIED. |
| Sep 24 2018 | Motion to appoint counsel filed by respondent Jason D. Sims GRANTED, and Jeffrey L. Fisher, of Stanford, California, is appointed to serve as counsel for respondent in No. 17-766. |
| Sep 26 2018 | Record received from the U.S.D.C. Eastern Dist. of Tennessee is electronic and located on PACER with the exception of SEALED documents that are electronic. |
| Oct 04 2018 | Letter of respondent filed. (Distributed) |
| Oct 09 2018 | Argued. For petitioner: Erica Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Jeffrey L. Fisher, Menlo Park, Cal. (Appointed by this Court.) VIDED. |
| Dec 10 2018 | Judgment REVERSED. Breyer, J., delivered the opinion for a unanimous Court. |
| Jan 11 2019 | JUDGMENT ISSUED. |
