Record returned to U.S.D.C. for Western District of Texas, Ep Laso Division.

JUDGMENT ISSUED.

Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Kennedy, Ginsburg, Sotomayor, and Kagan, JJ., joined. Roberts, C. J., and Alito, J., filed opinions concurring in the judgment. Scalia, J., filed a dissenting opinion. Thomas, J., filed a dissenting opinion, in which Scalia, J., joined as to Parts I, II, and III-B.

Argued. For petitioner: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: M. Carolyn Fuentes, Assistant Federal Public Defender, San Antonio, Tex.

Reply of petitioner United States filed. (Distributed)

Brief amicus curiae of Cato Institute filed. (Distributed)

Brief of respondent Anthony James Kebodeaux filed. (Distributed)

Record from U.S.C.A. for 5th Circuit is electronic.

CIRCULATED.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

Record received from the U.S.D.C. Western District of Texas, El Paso Division. (1 Box)

Motion to dispense with printing the joint appendix filed by petitioner United States.

Brief of petitioner United States filed.

SET FOR ARGUMENT ON Wednesday, April 17, 2013

Petition GRANTED.

Motion for leave to proceed in forma pauperis filed by respondent GRANTED.

Reply of petitioner United States filed. (Distributed)

DISTRIBUTED for Conference of January 11, 2013.

Motion for leave to proceed in forma pauperis filed by respondent Anthony James Kebodeaux.

Brief of respondent Anthony James Kebodeaux in opposition filed.

Order extending time to file response to petition to and including December 5, 2012.

Petition for a writ of certiorari filed. (Response due November 5, 2012)

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

United States, Petitioner, represented by Michael R. Dreeben

Anthony James Kebodeaux, Respondent, represented by M. Carolyn Fuentes

Cato Institute, Amicus Curiae, represented by Ilya Somin