Record returned to U.S.C.A. for 11th Circuit.

Record returned to U.S.D.C. for Middle District of Florida.

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Scalia, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, J., joined.

Argued. For petitioner: Lisa Call, Assistant Federal Public Defender, Jacksonville, Fla. For respondent: Leondra R. Kruger, Assistant to the Solicitor General, Department of Justice, Washington, D.C.

Record received from United States Court of Appeals for the Eleventh Circuit. (1-envelope - 2 briefs)

Reply of petitioner Curtis Darnell Johnson filed. (Distributed)

Brief of respondent United States filed. (Distributed)

Record received from U.S.D.C. for the Middle District of Florida. (1 envelope)

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

CIRCULATED.

SET FOR ARGUMENT ON Tuesday, October 6, 2009.

The time within which to file respondent's brief on the merits is further extended to and including August 7, 2009.

The time within which to file the respondent's brief on the merits is extended to and including July 24, 2009.

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

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

Brief of petitioner Curtis Darnell Johnson filed.

Motion for leave to file Volume II of the joint appendix under seal filed by petitioner Curtis Darnell Johnson.

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

Further extension of time within which to file the joint appendix and petitioner's brief on the merits to and including May 27, 2009.

The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including May 26, 2009.

Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to Questions 1 and 2 presented by the petition. (orders list)

DISTRIBUTED for Conference of February 20, 2009.

DISTRIBUTED for Conference of January 23, 2009.

Reply of petitioner Curtis Darnell Johnson filed.

Brief of respondent United States in opposition filed.

Order extending time to file response to petition to and including December 24, 2008.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 24, 2008)

Curtis Darnell Johnson, Petitioner, represented by Lisa Call

United States, Respondent, represented by Elena Kagan

United States, Respondent, represented by Leondra Reid Kruger

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Michael C. Small