JUDGMENT ISSUED.

Judgment REVERSED. Stevens, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., and Souter, J., filed concurring opinions. Thomas, J., and Alito, J., filed dis... (orders list)

Argued. For petitioner: Jeffrey T. Green, Washington, D.C. (Appointed by this Court.) For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D.C.

Reply brief on the merits of petitioner Brian Michael Gall filed.

Motion to appoint counsel filed by petitioner GRANTED. Jeffrey T. Green, Esquire, of Washington, D. C. is appointed to serve as counsel for the petitioner in this case. (orders list)

Brief of respondent United States filed. (Distributed)

Motion to file Volume II of the joint appendix under seal GRANTED. (orders list)

SET FOR ARGUMENT Tuesday, October 2, 2007.

Record received from U.S.C.A. for Eighth Circuit. (1 envelope) The U.S.D.C. for the Southern District of Iowa record is electronically filed. (There are sealed documents in the U.S.D.C. record).

CIRCULATED.

Brief amicus curiae of New York Council of Defense Lawyers filed.

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

Brief amici curiae of Federal Public and Community Defenders, et al. filed.

Brief amicus curiae of Families Against Mandatory Minimums filed.

Brief amici curiae of Washington Legal Foundation, et al. filed.

Joint appendix filed. Volume 1.

Motion to file Volume II of the joint appendix under seal filed by petitioner Brian Michael Gall. (Distributed)

Brief of petitioner Brian Michael Gall filed.

Joint appendix filed. Volume 1. (Statement of costs received)

Motion DISTRIBUTED for Conference of September 24, 2007.

Consent to the filing of amicus curiae briefs in support of either or neither party received from counsel for the petitioner.

Motion to appoint counsel filed by petitioner Brian Michael Gall.

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

DISTRIBUTED for Conference of June 7, 2007.

DISTRIBUTED for Conference of January 5, 2007.

Memorandum of respondent United States filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 27, 2006)

Application (06A304) granted by Justice Alito extending the time to file until November 22, 2006.

Application (06A304) to extend further the time from November 4, 2006 to November 22, 2006, submitted to Justice Alito.

Application (06A304) granted by Justice Alito extending the time to file until November 4, 2006.

Application (06A304) to extend the time to file a petition for a writ of certiorari from October 5, 2006 to November 4, 2006, submitted to Justice Alito.

Brian Michael Gall, Petitioner, represented by Jeffrey T. Green

Brian Michael Gall, Petitioner, represented by David S. Petron

United States, Respondent, represented by Paul D. Clement

United States, Respondent, represented by Michael R. Dreeben

Families Against Mandatory Minimums, Amicus Curiae, represented by Gregory L. Poe

Federal Public and Community Defenders, et al., Amicus Curiae, represented by Amy Baron-Evans

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Miguel A. Estrada

New York Council of Defense Lawyers, Amicus Curiae, represented by Alexandra A.E. Shapiro

Washington Legal Foundation, et al., Amicus Curiae, represented by Paul D. Kamenar