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

JUDGMENT ISSUED.

Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment. Breyer, J., filed a dissenting opinion... (orders list)

Motion to appoint counsel filed by petitioner GRANTED. William W. Whatley, Esquire, of Montgomery, Alabama, is appointed to serve as counsel for the petitioner in this case. (orders list)

Argued. For petitioner: Orin S. Kerr, Washington, D. C. For respondent: Micheal R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.

DISTRIBUTED for Conference of April 1, 2011.

Motion to appoint counsel filed by petitioner Willie Gene Davis.

Reply of petitioner Willie Gene Davis filed. (Distributed)

Brief amicus curiae of Criminal Justice Legal Foundation filed. (Distributed)

Brief amici curiae of Maryland, et al. filed. (Distributed)

Brief of respondent United States filed. (Distributed)

Record received from U.S.C.A for 11th Circuit. (1 envelope)

CIRCULATED.

SET FOR ARGUMENT Monday, March 21, 2011.

Brief amicus curiae of National Association of Federal Defenders filed.

The time to file respondent's brief on the merits is extended to and including February 11, 2011.

Brief of petitioner Willie Gene Davis filed.

Joint appendix filed. (Statement of costs filed)

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

Brief amicus curiae of Wayne County Michigan in support of the respondent filed.

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

DISTRIBUTED for Conference of October 29, 2010.

Brief of respondent United States in opposition filed.

Order further extending time to file response to petition to and including September 15, 2010.

Order extending time to file response to petition to and including August 16, 2010.

Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2010)

Willie Gene Davis, Petitioner, represented by William W. Whatley Jr.

Willie Gene Davis, Petitioner, represented by Orin S. Kerr

United States, Respondent, represented by Neal Kumar Katyal

United States, Respondent, represented by Michael R. Dreeben

United States, Respondent, represented by Donald B. Verrilli Jr.

Criminal Justice Legal Foundation, Amicus Curiae, represented by Kent S. Scheidegger

Maryland, et al., Amicus Curiae, represented by Douglas F. Gansler

National Association of Federal Defenders, Amicus Curiae, represented by Rebecca Louise Pennell

Wayne County Michigan, Amicus Curiae, represented by Timothy A. Baughman