JUDGMENT ISSUED.

Judgment REVERSED. Breyer, J., delivered the opinion for a unanimous Court.

Argued. For petitioner: Erica Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Jeffrey L. Fisher, Menlo Park, Cal. (Appointed by this Court.) VIDED.

Letter of respondent filed. (Distributed)

Record received from the U.S.D.C. Eastern Dist. of Tennessee is electronic and located on PACER with the exception of SEALED documents that are electronic.

Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. VIDED. (Distributed)

Joint motion for divided argument filed by respondents. VIDED.

Brief of respondent Victor Stitt, II filed. (Distributed)

Brief of respondent Jason Daniel Sims (in 17-766) filed. (Distributed)

Record received from the U.S.C.A. 6 Circuit. The record is electronic.

SET FOR ARGUMENT On Tuesday, October 9, 2018. VIDED.

Brief of petitioner United States filed. VIDED.

DISTRIBUTED for Conference of 9/24/2018.

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

Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to an including June 26, 2018. The time to file respondents' briefs on the merits is extended to and including August 14, 2018.

Motion for an extension of time filed.

Motion for appointment of counsel filed by respondent Jason Daniel Sims (in No. 17-766). (Corrected motion received 6/4/18).

Motion for appointment of counsel filed by respondent Jason Sims (in No. 17-766). (Corrected motion to be submitted 5/29/18).

Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-765. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-765. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the flings is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”

Petition GRANTED. The petition for a writ of certiorari in No. 17-766 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.

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

DISTRIBUTED for Conference of 4/20/2018.

Rescheduled.

Letter of petitioner United States filed. (Distributed)

DISTRIBUTED for Conference of 3/2/2018.

Reply of petitioner United States filed.

Motion for leave to proceed in forma pauperis filed by respondent Victor Stitt, II.

Brief of respondent Victor Stitt, II in opposition filed.

United States, Petitioner, represented by Noel J. Francisco

Jason Daniel Sims, Respondent, represented by Jeffrey L. Fisher

Victor Stitt, II, Respondent, represented by Timothy Carl Ivey

The National Association of Criminal Defense Lawyers, Amicus Curiae, represented by David John Debold