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Docket for 08-1569
No. 08-1569
Title:
United States, Petitioner
v.
Martin O'Brien and Arthur Burgess
Docketed:June 23, 2009
Linked with 08A898
Lower Ct:United States Court of Appeals for the First Circuit
  Case Nos.:(07-2312)
  Decision Date:September 23, 2008
  Rehearing Denied:January 26, 2009
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Apr 15 2009 Application (08A898) to extend the time to file a petition for a writ of certiorari from April 26, 2009 to May 26, 2009, submitted to Justice Souter.
Apr 15 2009 Application (08A898) granted by Justice Souter extending the time to file until May 26, 2009.
May 12 2009 Application (08A898) to extend further the time to file a petition for a writ of certiorari from May 26, 2009 to June 25, 2009, submitted to Justice Souter.
May 13 2009 Application (08A898) granted by Justice Souter extending the time to file until June 25, 2009.
Jun 23 2009 Petition for a writ of certiorari filed. (Response due July 23, 2009)
Jul 16 2009 Order extending time to file response to petition to and including August 24, 2009, for all respondents.
Aug 21 2009 Brief of respondent Arthur Burgess in opposition filed.
Aug 21 2009 Motion for leave to proceed in forma pauperis filed by respondent Arthur Burgess.
Aug 24 2009 Brief of respondent Martin O'Brien in opposition filed.
Aug 24 2009 Motion for leave to proceed in forma pauperis filed by respondent Martin O'Brien.
Sep 9 2009 DISTRIBUTED for Conference of September 29, 2009.
Sep 17 2009 Reply of petitioner United States filed. (Distributed)
Sep 30 2009 Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Sep 30 2009 Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Sep 30 2009 Petition GRANTED.
Oct 5 2009 Motion to appoint counsel filed by respondent Arthur Burgess.
Oct 7 2009 Motion to appoint counsel filed by respondent Martin O'Brien.
Oct 20 2009 The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including November 25, 2009.
Oct 20 2009 The time within which to file respondents' briefs on the merits is extended to and including January 14, 2010.
Oct 28 2009 Motion DISTRIBUTED for Conference of November 13, 2009.
Nov 16 2009 Motion to appoint counsel filed by respondent GRANTED. Leslie Feldman-Rumpler, Esq., of Boston, Massachusetts, is appointed to serve as counsel for respondent Arthur Burgess in this case.
Nov 16 2009 Motion to appoint counsel filed by respondent GRANTED. Timothy P. O'Connell, Esquire, of Charlestown, Massachusetts, is appointed to serve as counsel for respondent Martin O'Brien in this case.
Nov 25 2009 Joint appendix filed.
Nov 25 2009 Brief of petitioner United States filed.
Nov 30 2009 SET FOR ARGUMENT ON Tuesday, February 23, 2010.
Dec 7 2009 CIRCULATED.
Dec 30 2009 Record from U.S.C.A. for the First Circuit. (1 box)
Jan 8 2010 Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for respondent Arthur Burgess.
Jan 14 2010 Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for respondent Martin O'Brien.
Jan 14 2010 Brief of respondent Martin O'Brien filed. (Distributed)
Jan 14 2010 Brief of respondent Arthur Burgess filed. (Distributed)
Jan 19 2010 Motion for divided argument filed by respondents.
Jan 21 2010 Brief amicus curiae of Center on the Administration of Criminal Law filed. (Distributed)
Jan 21 2010 Brief amicus curiae of National Association of Federal Defenders filed. (Distributed)
Jan 21 2010 Brief amici curiae of Families Against Mandatory Minimums, et al. filed. (Distributed)
Jan 25 2010 Motion for divided argument filed by respondents DENIED.
Feb 16 2010 Reply of petitioner United States filed. (Distributed)
Feb 23 2010 Argued. For petitioner: Benjamin Horwich, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Jeffrey L. Fisher, Stanford, Cal.
May 24 2010 Adjudged to be AFFIRMED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Stevens, Scalia, Ginsburg, Breyer, Alito, and Sotomayor, JJ., joined. Stevens, J., filed a concurring opinion. Thomas, J., filed an opinion concurring in the judgment.
Jun 25 2010 JUDGMENT ISSUED.
Jun 25 2010 Record returned to USCA for the First Circuit. 1-box (w/sealed documents)



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Elena Kagan Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ.gov
Party name: United States
 
Jeffrey L. Fisher Stanford Law School, Supreme Court Litigation Clinic(650) 724-7081
559 Nathan Abbott Way
Stanford, CA  94305-8610
jlfisher@law.stanford.edu
Party name: United States
 
Benjamin Horwich Assistant to the Solicitor General
Department of Justice
Washington, DC  20530
Party name: United States
Attorneys for Respondents:
Leslie Feldman-Rumpler 101 Tremont Street, Suite 708(617) 728-9944
    Counsel of RecordBoston, MA  02108
lfeldmanr@aol.com
Party name: Arthur Burgess
 
Timothy P. O'Connell C-8 Shipway Place (617)-242-4806
    Counsel of RecordCharlestown, MA  02129
tpocsr@verizon.net
Party name: Martin O'Brien
Other:
Samuel J. Buffone Buckley Sandler(202) 349-8000
1250 24th Street, NW
Suite 700
Washington, DC  20037
sbuffone@buckleysandler.com
Party name: Families Against Mandatory Minimums, et al.
 
Samuel L. Feder Jenner & Block LLP(202)-639-6000
1099 New York Ave., NW
Washington, DC  20001
sfeder@jenner.com
Party name: Center on the Administration of Criminal Law
 
Mark Osler Baylor Law School(254) 710-4917
1114 South University Park Drive
Waco, TX  76798
Party name: National Association of Federal Defenders
November 25, 2014 | Version 2014.1