Record returned to the U.S.D.C. for the Eastern District of Tennessee.

Record returned to U.S.C.A. for the 6th Circut.

JUDGMENT ISSUED.

Judgment REVERSED. Stevens, J., delivered the opinion of the Court, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Roberts, C. J., and Thomas, J., filed opinions concurring in the judgment. Scalia, J., filed an opinion concurring in part

Argued. For petitioner: Dana C. Hansen Chavis, Assistant Federal Community Defender, Knoxville, Tenn. For United States as amicus curiae in support of the judgment below: William M. Jay, Assistant to the Solicitor General, Department of Justice, Washi

Record received from the U.S.D.C. for the Eastern District of Tennessee. (1 box)

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

SET FOR ARGUMENT ON Monday, January 12, 2009.

Reply of petitioner Edward Jerome Harbison filed. (Distributed)

CIRCULATED.

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

Letter of counsel for the respondent in support of the motion of the Solicitor General for leave to participate in oral argument filed.

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

Brief amicus curiae of United States in support of the judgment below filed.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED. (orders list)

Brief amicus curiae of Constitution Project filed.

Brief amici curiae of Former Governors filed.

Brief of petitioner Edward Jerome Harbison filed.

Brief of respondent Ricky Bell, Warden, supporting reversal filed.

Joint Motion to dispense with printing the joint appendix filed.

Extension of time within which to file the joint appendix and petitioner's brief on the merits to and including September 8, 2008.

Letter from Respondent's Counsel

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

DISTRIBUTED for Conference of June 19, 2008.

Brief amicus curiae of United States filed.

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

DISTRIBUTED for Conference of February 29, 2008.

Reply of petitioner Edward Jerome Harbison filed. (Distributed)

Brief of respondent Ricky Bell, Warden in opposition filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 4, 2008)

Edward Jerome Harbison, Petitioner, represented by Dana C. Hansen Chavis

Edward Jerome Harbison, Petitioner, represented by Andrew J. Pincus

Ricky Bell, Warden, Respondent, represented by Gordon W. Smith

Constitution Project, Amicus Curiae, represented by Donald B. Verrilli Jr.

Edward Jerome Harbison v. Ricky Bell, Warden, Amicus Curiae, represented by William McGinley Jay

Former Governors, Amicus Curiae, represented by Daniel T. Kobil

United States, Amicus Curiae, represented by Gregory G. Garre

United States, Amicus Curiae, represented by Elena Kagan