United States v. Stitt
Consolidated with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 17-765 | 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 professors 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 |
|---|---|
| 09/12/2017 | 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. |
| 09/13/2017 | Application (17A287) granted by Justice Kagan extending the time to file until October 25, 2017. |
| 10/13/2017 | Application (17A287) granted by Justice Kagan extending the time to file until November 24, 2017. |
| 10/13/2017 | Application (17A287) to extend further the time from October 25, 2017 to November 24, 2017, submitted to Justice Kagan. |
| 11/21/2017 | Petition for a writ of certiorari filed. (Response due December 26, 2017) |
| 12/14/2017 | Motion to extend the time to file a response from December 26, 2017 to January 25, 2018, submitted to The Clerk. |
| 12/19/2017 | Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2018. |
| 01/25/2018 | Motion for leave to proceed in forma pauperis filed by respondent Victor Stitt, II. |
| 01/25/2018 | Brief of respondent Victor Stitt, II in opposition filed. |
| 02/13/2018 | Reply of petitioner United States filed. |
| 02/14/2018 | DISTRIBUTED for Conference of 3/2/2018. |
| 02/23/2018 | Letter of petitioner United States filed. (Distributed) |
| 02/26/2018 | Rescheduled. |
| 03/21/2018 | DISTRIBUTED for Conference of 4/13/2018. |
| 04/16/2018 | DISTRIBUTED for Conference of 4/20/2018. |
| 04/23/2018 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| 04/23/2018 | 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. |
| 04/23/2018 | 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.” |
| 05/07/2018 | Motion for appointment of counsel filed by respondent Jason Sims (in No. 17-766). (Corrected motion to be submitted 5/29/18). |
| 05/07/2018 | Motion for appointment of counsel filed by respondent Jason Daniel Sims (in No. 17-766). (Corrected motion received 6/4/18). |
| 05/09/2018 | Motion for an extension of time filed. |
| 05/17/2018 | 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. |
| 05/31/2018 | Motion to dispense with printing the joint appendix filed by petitioner United States. VIDED. |
| 06/13/2018 | DISTRIBUTED for Conference of 9/24/2018. |
| 06/26/2018 | Brief of petitioner United States filed. VIDED. |
| 07/09/2018 | SET FOR ARGUMENT On Tuesday, October 9, 2018. VIDED. |
| 08/03/2018 | CIRCULATED |
| 08/06/2018 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED. |
| 08/07/2018 | Record requested from the U.S.C.A. 6th Circuit. |
| 08/07/2018 | Record received from the U.S.C.A. 6 Circuit. The record is electronic. |
| 08/14/2018 | Brief of respondent Victor Stitt, II filed. (Distributed) |
| 08/14/2018 | Blanket Consent filed by Respondent, Jason Daniel Sims |
| 08/14/2018 | Brief of respondent Jason Daniel Sims (in 17-766) filed. (Distributed) |
| 08/15/2018 | Blanket Consent filed by Respondent, Victor Stitt, II |
| 08/16/2018 | Joint motion for divided argument filed by respondents. VIDED. |
| 08/21/2018 | Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. VIDED. (Distributed) |
| 08/21/2018 | Amicus brief of The National Association of Federal Defenders not accepted for filing. (Brief to be reprinted - August 24, 2018) |
| 08/21/2018 | Brief amicus curiae of National Association of Federal Defenders filed. VIDED. (Distributed) |
| 09/13/2018 | Reply of petitioner United States filed. VIDED. (Distributed) |
| 09/24/2018 | Joint motion for divided argument filed by respondents DENIED. |
| 09/24/2018 | 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. |
| 09/26/2018 | 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. |
| 10/04/2018 | Letter of respondent filed. (Distributed) |
| 10/09/2018 | 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. |
| 12/10/2018 | Judgment REVERSED. Breyer, J., delivered the opinion for a unanimous Court. |
| 01/11/2019 | JUDGMENT ISSUED. |