Record returned to U.S.C.A. for 10th Circuit. 1-envelope

JUDGMENT ISSUED.

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

Argued. For petitioner: Pamela S. Karlan, Stanford, Cal. (Appointed by this Court.) For respondent: Toby J. Heytens, Assistant to the Solicitor General, Department of Justice, Washington, D. C.

Record received from U.S.D.C. for the Distrct of New Mexico. (There are sealed documents in this record)

Reply of petitioner Brian Russell Dolan filed. (Distributed)

Brief amicus curiae of National Crime Victim Law Institute filed. (Distributed)

Brief of respondent United States filed. (Distributed)

Motion for leave to proceed further herein in forma pauperis and for appointment of counsel GRANTED. Pamela S. Karlan, Esq., of Stanford, California, is appointed to serve as counsel for the petitioner in this case. (orders list)

CIRCULATED.

Record received from U.S.C.A. for 10th Circuit. (1 envelope)

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

Motion DISTRIBUTED for Conference of March 19, 2010.

Brief of petitioner Brian Russell Dolan filed.

Joint appendix filed. (Statement of costs filed)

The time within which to file respondent's brief on the merits is extended to and including March 26, 2010.

The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including February 23, 2010.

SET FOR ARGUMENT ON Tuesday, April 20, 2010.

Motion for leave to proceed further herein in forma pauperis and for appointment of counsel filed by petitioner Brian Russell Dolan.

Petition GRANTED. (orders list)

DISTRIBUTED for Conference of January 8, 2010.

Reply of petitioner Brian Russell Dolan filed. (Distributed)

Brief of respondent United States in opposition filed.

Order extending time to file response to petition to and including November 27, 2009.

Petition for a writ of certiorari filed. (Response due October 28, 2009)

Brian Russell Dolan, Petitioner, represented by Pamela S. Karlan

United States, Respondent, represented by Elena Kagan

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Jonathan L. Marcus

National Crime Victim Law Institute, Amicus Curiae, represented by Paul G. Cassell