~~Date~~~~~~ |
~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ |
Jun 18 2001 | Petition for writ of certiorari filed. (Response due October 8, 2001) |
Jun 22 2001 | Waiver of right of respondent United States to respond filed. |
Jun 28 2001 | DISTRIBUTED for Conference of September 24, 2001 |
Jul 24 2001 | Response requested. (Due August 24, 2001) |
Aug 14 2001 | Order extending time to file response to petition until September |
| 24, 2001. |
Sep 21 2001 | Order further extending time to file response to petition until |
| October 8, 2001. |
Oct 9 2001 | Brief of respondent United States in opposition filed. |
Oct 18 2001 | Reply brief of petitioner William J. Harris filed. |
Oct 24 2001 | REDISTRIBUTED for Conference of November 9, 2001 |
Nov 6 2001 | REDISTRIBUTED for Conference of November 9, 2001 |
Nov 14 2001 | REDISTRIBUTED for Conference of November 30, 2001 |
Dec 3 2001 | REDISTRIBUTED for Conference of December 7, 2001 |
Dec 10 2001 | Petition GRANTED. limited to the following question: Given that a |
| finding of "brandishing", as used in 18 U.S.C. Sec. 924(c)(1)(A), |
| results in an increased mandatory minimum sentence, must the fact |
| of "brandishing" be alleged in the indictment and proved beyond a |
| reasonable doubt? |
| SET FOR ARGUMENT March 25, 2002. |
| ******************************************************** |
Jan 23 2002 | Brief amici curiae of Cato Institute, et al. filed. |
Jan 24 2002 | Brief of petitioner William J. Harris filed. |
Jan 24 2002 | Joint appendix filed. |
Jan 24 2002 | Brief amicus curiae of Families Against Mandatory Minimums Foundation |
| filed. |
Jan 29 2002 | Motion of petitioner for appointment of counsel filed. |
Feb 1 2002 | CIRCULATED. |
Feb 6 2002 | Motion DISTRIBUTED. February 22, 2002 (page 3) |
Feb 15 2002 | Record filed. |
Feb 21 2002 | Brief amici curiae of Criminal Justice Legal Foundation filed. |
Feb 22 2002 | Brief amici curiae of New Jersey, et al. filed. |
Feb 22 2002 | Brief of respondent United States filed. |
Feb 25 2002 | Motion for appointment of counsel GRANTED and it is ordered that |
| William C. Ingram, Esquire, of Greensboro, North Carolina, is |
| appointed to serve as counsel for the petitioner in this case. |
Feb 27 2002 | Record filed. |
Mar 19 2002 | Reply brief of petitioner William J. Harris filed. |
Mar 25 2002 | ARGUED. |
Jun 24 2002 | Adjudged to be AFFIRMED. Kennedy, J., announced the judgment of |
| the Court and delivered the opinion of the Court with respect to |
| Parts I, II, and IV, in which Rehnquist, C.J., and O'Connor, |
| Scalia, and Breyer, JJ., joined, and an opinion with respect to |
| Part III, in which Rehnquist, C.J., and O'Connor and Scalia, JJ., |
| joined. O'Connor, J., filed a concurring opinion. Breyer, J., |
| filed an opinion concurring in part and concurring in the |
| judgment. Thomas, J., filed a dissenting opinion, in which |
| Stevens, Souter, and Ginsburg, JJ., joined. |
Jul 24 2002 | JUDGMENT ISSUED. |
Jan 15 2003 | Record returned to the USCA 4th circuit. Record returned to the |
| USDC M. Dist. North Carolina. |
| |