Record returned to the U.S.C.A. for the 5th Circuit.

Record returned to the U.S.D.C. for the Southern District of Texas.

Acknowledgement of receipt (06/19/08) of judgment from Clerk, United States Court of Appeals for the Fifth Circuit received.

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Souter, Ginsburg, Breyer, and Alito, JJ., joined. Scalia, J., filed an opinion concurring in the judgment. Thomas, J., filed a dissentin... (orders list)

Argued. For petitioner: Brent E. Newton, Assistant Federal Public Defender, Houston, Tex. For respondent: Lisa S. Blatt, Assistant to the Solicitor General, Department of Justice, Washington, D.C.

Record received from the U.S.D.C. for the Southern District of Texas (Laredo Division) (1 box)

Record received from the U.S.C.A. for 5th Circuit. (1 envelope)

Reply of petitioner Homero Gonzalez filed. (Distributed)

Brief of respondent United States filed. (Distributed)

CIRCULATED.

SET FOR ARGUMENT ON Tuesday, January 8, 2008.

Brief amicus curiae of Charles Hamilton Houston Institute for Race and Justice filed.

Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.

Joint appendix filed. (Statement of costs filed)

Brief of petitioner Homero Gonzalez filed.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following Questions: "1) Must a federal criminal defendant explicitly and personally waive his right to have an Article III judge preside over voir dire ... (orders list)

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following Questions: "1) Must a federal criminal defendant explicitly and personally waive his right to have an Article III judge preside over voir dire 2) (orders list)

DISTRIBUTED for Conference of September 24, 2007.

Reply of petitioner Homero Gonzalez filed.

Brief of respondent United States in opposition filed.

Order extending time to file response to petition to and including August 6, 2007.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 5, 2007)

Homero Gonzalez, Petitioner, represented by Brent E. Newton

United States, Respondent, represented by Paul D. Clement

Charles Hamilton Houston Institute for Race and Justice, Amicus Curiae, represented by Charles Ogletree Jr.

National Association of Criminal Defense Lawyers, et al., Amicus Curiae, represented by Joel B. Rudin