Rosales-Mireles v. United States
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 16-9493 | 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 21, 2017)
- Justices issue orders from "long conference" (UPDATED) (Amy Howe, September 28, 2017)
| Date | Proceedings and Orders |
|---|---|
| 06/05/2017 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2017) |
| 07/07/2017 | Order extending time to file response to petition to and including August 9, 2017. |
| 08/09/2017 | Brief of respondent United States in opposition filed. |
| 08/22/2017 | Reply of petitioner Florencio Rosales-Mireles filed. (Distributed) |
| 08/24/2017 | DISTRIBUTED for Conference of 9/25/2017. |
| 09/28/2017 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 11/09/2017 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 29, 2017. |
| 11/09/2017 | The time to file respondent's brief on the merits is extended to and including January 10, 2018. |
| 11/29/2017 | Joint appendix filed. (Statement of cost filed.) |
| 11/29/2017 | Brief of petitioner Rosales-Mireles, Florencio filed. |
| 12/05/2017 | Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. |
| 12/20/2017 | SET FOR ARGUMENT ON Wednesday, February 21, 2018 |
| 01/05/2018 | CIRCULATED |
| 01/10/2018 | Record requested from the U.S.C.A. 5th Circuit. |
| 01/10/2018 | Brief of respondent United States filed. (Distributed) |
| 02/09/2018 | Reply of petitioner Rosales-Mireles, Florencio filed. (Distributed) |
| 02/21/2018 | 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. |
| 06/18/2018 | 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. |
| 07/20/2018 | JUDGMENT ISSUED. |