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

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

JUDGMENT ISSUED.

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

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

Motion DISTRIBUTED for Conference of February 20, 2009.

Motion of the parties for leave to file Volume II of the joint appendix under seal filed.

Argued. For petitioner: Lars R. Isaacson, Lewisville, Tex. (Appointed by this Court.) For respondent: Lisa H. Schertler, Assistant to the Solicitor General, Department of Justice, Washington, D.C.

Reply of petitioner James Benjamin Puckett filed. (Distributed)

Brief of respondent United States filed. (Distributed).

CIRCULATED.

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

Motion to appoint counsel filed by petitioner GRANTED. Lars Robert Isaacson, Esquire, of Lewisville, Texas, is appointed to serve as counsel for the petitioner in this case. (orders list)

Joint appendix filed. (Jt. Appendix in two volumes.) Statement of costs received.

Brief of petitioner James Benjamin Puckett filed.

SET FOR ARGUMENT ON Wednesday, January 14, 2009.

Motion DISTRIBUTED for Conference of November 14, 2008.

Supplemental record received from the U.S.D.C.f or the Northern District of Texas. (1 envelope).

Supplemental record received from the U.S.D.C. for the Northern District of Texas. (1 envelope).

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

Record received from U.S.D.C. for the Northern District of Texas. (1 box) This record contains sealed documents.

Motion to appoint counsel filed by petitioner James Benjamin Puckett.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following question: Whether a forfeited claim that the government breached a plea agreement is subject to the plain-error standard of Rule 52(b) of the Feder (orders list)

DISTRIBUTED for Conference of September 29, 2008.

Reply of petitioner James Benjamin Puckett filed

Brief of respondent United States filed.

Order further extending time to file response to petition to and including August 6, 2008.

Order further extending time to file response to petition to and including July 7, 2008.

Order extending time to file response to petition to and including June 6, 2008.

Response Requested . (Due May 7, 2008)

DISTRIBUTED for Conference of April 18, 2008.

Waiver of right of respondent United States to respond filed.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 7, 2008)

James Benjamin Puckett, Petitioner, represented by Lars Robert Isaacson

United States, Respondent, represented by Gregory G. Garre

United States, Respondent, represented by Elena Kagan

United States, Respondent, represented by Lisa H. Schertler

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Dahlia S. Fetouh