Brown v. United States
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-6389 | 3rd Cir. | Nov 27, 2023 | May 23, 2024 | 6-3 | Alito | OT 2023 |
Holding: For purposes of the Armed Career Criminal Act"s 15-year mandatory minimum sentence on certain defendants with three or more previous convictions, a state drug conviction counts as an ACCA predicate if it involved a drug on the federal schedules at the time of that conviction.
Judgment: Affirmed, 6-3, in an opinion by Justice Alito on May 23, 2024. Justice Jackson filed a dissenting opinion, in which Justice Kagan joined, and in which Justice Gorsuch joined as to Parts I, II, and III.
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| Date | Proceedings and Orders |
|---|---|
| 11/18/2022 | Application (22A453) to extend the time to file a petition for a writ of certiorari from November 27, 2022 to December 28, 2022, submitted to Justice Alito. |
| 11/22/2022 | Application (22A453) granted by Justice Alito extending the time to file until December 28, 2022. |
| 12/21/2022 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 23, 2023) |
| 01/12/2023 | Motion to extend the time to file a response from January 23, 2023 to February 22, 2023, submitted to The Clerk. |
| 01/12/2023 | Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2023. |
| 02/15/2023 | Motion to extend the time to file a response from February 22, 2023 to March 24, 2023, submitted to The Clerk. |
| 02/16/2023 | Motion to extend the time to file a response is granted and the time is further extended to and including March 24, 2023. |
| 03/24/2023 | Brief of respondent United States filed. |
| 04/12/2023 | Reply of petitioner Justin Rashaad Brown filed. (Distributed) |
| 04/13/2023 | DISTRIBUTED for Conference of 4/28/2023. |
| 05/08/2023 | DISTRIBUTED for Conference of 5/11/2023. |
| 05/15/2023 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. The petition for a writ of certiorari in No. 22-6640 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| 05/25/2023 | 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. 22-6389. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 22-6389. 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 filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| 06/01/2023 | Motion for an extension of time to file the briefs on the merits filed. VIDED. |
| 06/13/2023 | Motion to dispense with printing the joint appendix filed by petitioner (as to 22-6640). |
| 06/20/2023 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendices and petitioners' briefs on the merits is extended to and including July 12, 2023. The time to file respondents' briefs on the merits is extended to and including August 21, 2023. VIDED. |
| 07/12/2023 | Brief of petitioner Justin Rashaad Brown (as to 22-6389) filed. |
| 07/12/2023 | Joint appendix (as to 22-6389) filed. (Statement of costs filed) |
| 07/12/2023 | Brief of petitioner Eugene Jackson (as to 22-6640) filed. |
| 07/17/2023 | Notice of Substitution of Counsel of Record filed on behalf of petitioner (as to 22-6389). |
| 07/19/2023 | Brief amicus curiae of National Association of Federal Defenders filed. VIDED. |
| 07/19/2023 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED. |
| 07/19/2023 | Brief amicus curiae of Clause 40 Foundation (in 22-6640) filed. |
| 07/19/2023 | Brief amicus curiae of FAMM filed. VIDED. |
| 08/21/2023 | Motion to dispense with printing the joint appendix in No. 22-6640 filed by petitioner GRANTED. |
| 08/21/2023 | Brief of respondent United States filed. VIDED. |
| 08/28/2023 | Motion for divided argument filed by petitioners Eugene Jackson. VIDED. |
| 09/20/2023 | Reply of petitioner Justin Rashaad Brown (as to 22-6389) filed. |
| 09/20/2023 | Reply of petitioner Eugene Jackson (as to 22-6640) filed. |
| 10/02/2023 | Motion for divided argument filed by petitioners GRANTED. VIDED. |
| 10/12/2023 | SET FOR ARGUMENT on Monday, November 27, 2023. VIDED. |
| 10/13/2023 | Record requested from the United States Court of Appeals for the Third Circuit. |
| 10/19/2023 | CIRCULATED |
| 10/19/2023 | Electronic record received from the United States Court of Appeals for the Third Circuit. |
| 11/27/2023 | Argued. For petitioner Brown: Jeffrey T. Green, Washington, D. C. For petitioner Jackson: Andrew Adler, Assistant Federal Public Defender, Fort Lauderdale, Fla. For respondent: Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED. |
| 05/23/2024 | Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Gorsuch, J., joined as to Parts I, II, and III. VIDED. |
| 06/24/2024 | Judgment Issued. |