Acknowledgement of receipt (07/10/07) of judgment from Clerk, United States Court of Appeals for the Ninth Circuit received.

Record returned to U.S.D.C. for the Western District of Washington (Seattle)

Record returned to the U.S.C.A. for the 9th Circuit.

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, and Alito, JJ., joined. Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined. Brey (orders list)

Argued. For petitioner: John J. Samson, Assistant Attorney General, Olympia, Wash.; and Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.) For respondent: Suzanne Lee Elliott, S

Reply of petitioner Jeffrey Uttecht, Superintendent, Washington State Penitentiary filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. (orders list)

Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)

Brief of respondent Cal Coburn Brown filed. (Distributed)

Brief amici curiae of American Civil Liberties Union, et al. filed. (Distributed)

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.

CIRCULATED.

Brief amicus curiae of United States filed.

Motion to appoint counsel filed by respondent GRANTED. Suzanne L. Elliott, Esq., of Seattle, Washington is appointed to serve as counsel for the respondent in this case. (orders list)

Brief of petitioner Jeffrey Uttecht, Superintendent, Washington State Penitentiary filed.

Joint appendix filed.

Brief amici curiae of Oregon, et al. filed.

Record received from U.S.D.C. for Western District of Washington (Seattle). (4 boxes)

Record received from U.S.C.A. for 9th Circuit. (1 envelope)

Motion DISTRIBUTED for Conference of February 23, 2007.

SET FOR ARGUMENT ON Tuesday, April 17, 2007.

Motion to appoint counsel filed by respondent Cal Coburn Brown.

Motion for leave to proceed in forma pauperis filed by respondent GRANTED. (orders list)

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of January 12, 2007.

DISTRIBUTED for Conference of January 5, 2007.

Reply of petitioner Jeffrey Uttecht, Superintendent, Washington State Penitentiary filed.

Brief of respondent Cal Coburn Brown in opposition filed.

Motion for leave to proceed in forma pauperis filed by respondent.

Order extending time to file response to petition to and including December 1, 2006.

Petition for a writ of certiorari filed. (Response due October 23, 2006)

Appendix of Jeffrey Uttecht, Superintendent, Washington State Penitentiary filed.

Jeffrey Uttecht, Superintendent, Washington State Penitentiary, Petitioner, represented by John J. Samson

Jeffrey Uttecht, Superintendent, Washington State Penitentiary, Petitioner, represented by Robert M. McKenna

Cal Coburn Brown, Respondent, represented by Suzanne Lee Elliott

Cal Coburn Brown, Respondent, represented by Gilbert H. Levy

American Civil Liberties Union, et al., Amicus Curiae, represented by Brian W. Stull

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Kevin K. Russell

Oregon, et al., Amicus Curiae, represented by Rolf C. Moan

United States, Amicus Curiae, represented by Paul D. Clement