Acknowledgement of receipt (07/19/07) of judgment from Clerk, United States Court of Appeals for the Sixth Circuit received.

JUDGMENT ISSUED.

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

Statement of costs for printing received.

Argued. For petitioner: Paul Mancino, Jr., Cleveland, Ohio. For respondent: William P. Marshall, Special Counsel for th Attorney General of Ohio, Chapel Hill, N.C.; and Malcolm L. Stewart, Assistant to the Solicitor General, Department of Justice, Was

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 United States filed.(Distributed).

Brief of respondent Harry Russell, Warden filed. (Distributed)

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

Record received from U.S.D.C. for Northern District of Ohio (Cleveland). (1 Box)

CIRCULATED.

Record received from U.S.C.A. for 6th Circuit. (1 binder)

Brief amicus curiae of National Association of Criminal Defense Lawyers filed.

Brief of petitioner Keith Bowles filed.

SET FOR ARGUMENT ON Monday, March 26, 2007.

Joint appendix filed

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. (orders list)

DISTRIBUTED for Conference of December 7, 2006.

Brief of respondent Harry Russell, Warden in opposition filed.

Order extending time to file response to petition to and including November 9, 2006.

Response Requested . (Due October 10, 2006)

DISTRIBUTED for Conference of September 25, 2006.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2006)

Keith Bowles, Petitioner, represented by Paul Mancino Jr.

Harry Russell, Warden, Respondent, represented by Elise W. Porter

Harry Russell, Warden, Respondent, represented by Stephen P. Carney

Harry Russell, Warden, Respondent, represented by Bruce Horrigan

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

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