Wheeler v. United States
Petition granted, judgment vacated and case remanded for the court to consider the First Step Act of 2018 on June 3, 2019.
Issue: (1) Whether a law enforcement officer"s warrantless insertion of keys into a locked apartment door, within a secured multi-unit dwelling, to gain information that was unavailable to the naked eye is an unreasonable search; (2) whether the rule of the U.S. Court of Appeals for the 3rd Circuit, which limits parties to the precise arguments raised in the district court, directly conflicts with the Supreme Court"s traditional rule that parties are not limited to the precise arguments made below but can make any argument in support of a claim that was properly presented.
| Date | Proceedings and Orders |
|---|---|
| 12/19/2018 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2019) |
| 01/25/2019 | Motion to extend the time to file a response from January 28, 2019 to February 27, 2019, submitted to The Clerk. |
| 01/28/2019 | Motion to extend the time to file a response is granted and the time is extended to and including February 27, 2019. |
| 02/12/2019 | Motion to extend the time to file a response from February 27, 2019 to March 29, 2019, submitted to The Clerk. |
| 02/13/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including March 29, 2019. |
| 03/19/2019 | Supplemental brief of petitioner Willis Wheeler filed. |
| 03/26/2019 | Motion to extend the time to file a response from March 29, 2029 to April 5, 2019, submitted to The Clerk. |
| 03/27/2019 | Motion to extend the time to file a response is granted and the time is further extended to and including April 5, 2019. |
| 04/05/2019 | Brief of respondent United States in opposition filed. |
| 04/16/2019 | Reply of petitioner Willis Wheeler filed. |
| 04/24/2019 | DISTRIBUTED for Conference of 5/9/2019. |
| 05/13/2019 | DISTRIBUTED for Conference of 5/16/2019. |
| 05/20/2019 | DISTRIBUTED for Conference of 5/23/2019. |
| 05/28/2019 | DISTRIBUTED for Conference of 5/30/2019. |
| 06/03/2019 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for the court to consider the First Step Act of 2018, Pub. L. No. 115-391 (2018). |
| 07/05/2019 | JUDGMENT ISSUED. |