Record returned to the USDC for the Eastern District of North Carolina. 1-envelope

Record returned to the USCA for the Fourth Circuit. 1-envelope

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Ginsburg, and Sotomayor, JJ., joined. Kennedy, J., and Alito, J., filed opinions concurring in the judgment. Thomas, J., file... (orders list)

Argued. For petitioner: Elena Kagan, Solicitor General, Department of Justice, Washington, D.C. For respondents: G. Alan DuBois, Assistant Federal Public Defender, Raleigh, N.C.

Letter from counsel for the petitioner filed. (Distributed)

Record received from U.S.C.A. Fourth Circuit. (1 envelope)

Record received from U.S.D.C. for Eastern District of North Carolina. (1 envelope)

Motion of Kansas, et al. for leave to participate in oral argument as amici curiae and for divided argument DENIED. (orders list)

Reply of petitioner United States filed. (Distributed)

Brief amici curiae of Cato Institute, and Professor Randy E. Barnett filed. (Distributed)

Motion of Kansas, et al. for leave to participate in oral argument as amici curiae and for divided argument filed.

Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. (Distributed)

CIRCULATED.

SET FOR ARGUMENT ON Tuesday, January 12, 2010.

Brief of respondents Graydon Earl Comstock, Jr., et al. filed.

Brief amici curiae of Kansas, et al. filed.

Brief of petitioner United States filed.

Joint appendix filed.

The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 28, 2009.

The time within which to file respondents' brief on the merits is extended to and including October 28, 2009.

Petition GRANTED. (orders list)

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

DISTRIBUTED for Conference of June 18, 2009.

Reply of petitioner United States filed. (Distributed)

Motion for leave to proceed in forma pauperis filed by respondents Graydon Earl Comstock, Jr., et al.

Brief of respondents Graydon Earl Comstock, Jr., et al. in opposition filed.

Order extending time to file response to petition to and including June 3, 2009.

Application (08A863) granted by The Chief Justice. The mandate of the United States Court of Appeals for the Fourth Circuit, case No. 07-7671, is stayed pending the disposition of the petition for a writ of certiorari. See Walters v. National Assn. ...

Application (08A863) granted by The Chief Justice. The mandate of the United States Court of Appeals for the Fourth Circuit, case No. 07-7671, is stayed pending the disposition of the petition for a writ of certiorari. See Walters v. National Assn. of R

Petition for a writ of certiorari filed. (Response due May 4, 2009)

Application (08A863) for stay of the mandate of the United States Court of Appeals for the Fourth Circuit pending the disposition of the petition for a writ of certiorari, submitted to The Chief Justice.

United States, Petitioner, represented by Elena Kagan

Graydon Earl Comstock, Jr., et al., Respondent, represented by Jane E. Pearce

Graydon Earl Comstock, Jr., et al., Respondent, represented by G. Alan Dubois

Graydon Earl Comstock, Jr., et al., Respondent, represented by G. Alan DuBois

Cato Institute, and Professor Randy E. Barnett, Amicus Curiae, represented by C. Allen Foster

Kansas, et al., Amicus Curiae, represented by Stephen R. McAllister

National Association of Criminal Defense Lawyers, et al., Amicus Curiae, represented by Jeffrey T. Green