from the United States Court of Appeals for the First Circuit
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JUDGMENT ISSUED.
Record returned to USCA for the First Circuit. 1-box (w/sealed documents)
Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Scalia, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined. Stevens, J., filed a concurring opinion. Thomas, J., filed an opinion concu... (orders list)
Argued. For petitioner: Benjamin Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Jeffrey L. Fisher, Stanford, Cal.
Reply of petitioner United States filed. (Distributed)
Motion for divided argument filed by respondents DENIED. (orders list)
Brief amici curiae of Families Against Mandatory Minimums, et al. filed. (Distributed)
Brief amicus curiae of Center on the Administration of Criminal Law filed. (Distributed)
Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Motion for divided argument filed by respondents.
Brief of respondent Martin O'Brien filed. (Distributed)
Brief of respondent Arthur Burgess filed. (Distributed)
Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for respondent Martin O'Brien.
Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for respondent Arthur Burgess.
Record from U.S.C.A. for the First Circuit. (1 box)
CIRCULATED.
SET FOR ARGUMENT ON Tuesday, February 23, 2010.
Brief of petitioner United States filed.
Joint appendix filed.
Motion to appoint counsel filed by respondent GRANTED. Leslie Feldman-Rumpler, Esq., of Boston, Massachusetts, is appointed to serve as counsel for respondent Arthur Burgess in this case. (orders list)
Motion to appoint counsel filed by respondent GRANTED. Timothy P. O'Connell, Esquire, of Charlestown, Massachusetts, is appointed to serve as counsel for respondent Martin O'Brien in this case. (orders list)
The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including November 25, 2009.
The time within which to file respondents' briefs on the merits is extended to and including January 14, 2010.
Motion to appoint counsel filed by respondent Martin O'Brien.
Motion to appoint counsel filed by respondent Arthur Burgess.
Motion for leave to proceed in forma pauperis filed by respondent GRANTED. (orders list)
Petition GRANTED. (orders list)
Reply of petitioner United States filed. (Distributed) TBP
Reply of petitioner United States filed. (Distributed)
Brief of respondent Martin O'Brien in opposition filed.
Motion for leave to proceed in forma pauperis filed by respondent Martin O'Brien.
Motion for leave to proceed in forma pauperis filed by respondent Arthur Burgess.
Brief of respondent Arthur Burgess in opposition filed.
Order extending time to file response to petition to and including August 24, 2009, for all respondents.
Petition for a writ of certiorari filed. (Response due July 23, 2009)
Application (08A898) granted by Justice Souter extending the time to file until June 25, 2009.
Application (08A898) to extend further the time to file a petition for a writ of certiorari from May 26, 2009 to June 25, 2009, submitted to Justice Souter.
Application (08A898) granted by Justice Souter extending the time to file until May 26, 2009.
Application (08A898) to extend the time to file a petition for a writ of certiorari from April 26, 2009 to May 26, 2009, submitted to Justice Souter.
United States, Petitioner, represented by Elena Kagan
United States, Petitioner, represented by Jeffrey L. Fisher
United States, Petitioner, represented by Benjamin Horwich
Arthur Burgess, Respondent, represented by Leslie Feldman-Rumpler
Martin O'Brien, Respondent, represented by Timothy Patrick O'Connell
Martin O'Brien, Respondent, represented by Timothy P. O'Connell
Center on the Administration of Criminal Law, Amicus Curiae, represented by Samuel L. Feder
Families Against Mandatory Minimums, et al., Amicus Curiae, represented by Samuel J. Buffone
National Association of Federal Defenders, Amicus Curiae, represented by Mark Osler