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Docket for 09-6822
No. 09-6822
Title:
Jason Pepper, Petitioner
v.
United States
Docketed:October 2, 2009
Lower Ct:United States Court of Appeals for the Eighth Circuit
  Case Nos.:(09-1191)
  Decision Date:July 2, 2009
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Sep 29 2009 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2009)
Oct 8 2009 Waiver of right of respondent United States to respond filed.
Oct 15 2009 DISTRIBUTED for Conference of October 30, 2009.
Oct 23 2009 Response Requested . (Due November 23, 2009)
Nov 19 2009 Order extending time to file response to petition to and including December 23, 2009.
Dec 18 2009 Order further extending time to file response to petition to and including January 22, 2010.
Jan 19 2010 Order further extending time to file response to petition to and including February 22, 2010.
Feb 19 2010 Brief of respondent United States filed.
Mar 4 2010 DISTRIBUTED for Conference of March 19, 2010.
Jun 17 2010 DISTRIBUTED for Conference of June 17, 2010.
Jun 21 2010 DISTRIBUTED for Conference of June 24, 2010.
Jun 28 2010 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jul 12 2010 Motion to appoint counsel filed by petitioner Jason Pepper. (CL Page 163)
Jul 14 2010 The time within which to file the joint appendix and petitioner's brief on the merits is extended to and including August 20, 2010.
Jul 22 2010 Adam G. Ciongoli, Esquire, of New York, New York, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Jul 28 2010 Motion DISTRIBUTED for Conference of September 27, 2010.
Aug 4 2010 Motion for leave to file volume II of the joint appendix under seal filed by petitioner Jason Pepper. (CL Page 163)
Aug 17 2010 The time within which to file the joint appendix and petitioner's brief on the merits is further extended to and including August 31, 2010.
Aug 18 2010 Motion DISTRIBUTED for Conference of September 27, 2010.
Aug 31 2010 Brief of respondent United States in support of petitioner filed.
Aug 31 2010 Joint appendix filed. (Statement of costs filed) ( Jt. appendix in two volumes) (Vol.2 UNDER SEAL)
Aug 31 2010 Brief of petitioner Jason Pepper filed.
Sep 7 2010 SET FOR ARGUMENT ON Monday, December 6, 2010.
Sep 7 2010 Justice Kagan is recused in this case.
Sep 7 2010 Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Sep 7 2010 Brief amicus curiae of Families Against Mandatory Minimums filed.
Sep 7 2010 Brief amici curiae of Federal Public and Community Defenders, et al. filed.
Sep 7 2010 Amendment to Request for Appointment of Counsel filed by petitioner.(Distributed)
Sep 14 2010 CIRCULATED.
Sep 17 2010 The time within which to file the brief of amicus curiae in support of the judgment below is extended to and including October 8, 2010.
Sep 24 2010 Record received from U.S.C.A. for 8th Circuit. (1 envelope)
Sep 28 2010 Record received from U.S.D.C for Northern District of Iowa. (1 envelope)
Oct 4 2010 Motion to appoint counsel filed by petitioner GRANTED. Alfredo Parrish, Esquire, of Des Moines, Iowa, is appointed to serve as counsel for the petitioner in this case. Justice Kagan took no part in the consideration or decision of this motion.
Oct 4 2010 Motion for leave to file volume II of the joint appendix under seal GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Oct 8 2010 Brief of Court appointed amicus curiae in support of the judgment below filed. (Distributed)
Oct 15 2010 Motion for divided argument filed by respondent United States.
Nov 8 2010 Reply of respondent United States in support of petitioner filed. (Distributed)
Nov 8 2010 Reply of petitioner Jason Pepper filed. (Distributed)
Nov 15 2010 Motion for divided argument filed by respondent GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Dec 6 2010 Argued. For petitioner: Alfredo Parrish, Des Moines, Iowa (Appointed by this Court.) For respondent: Roy W. McLeese, Acting Deputy Solicitor General, Department of Justice, Washington, D. C. For amicus curiae in support of the judgment below: Adam G. Ciongoli, New York, N. Y. (Appointed by this Court.)
Mar 2 2011 Adjudged to be VACATED IN PART, AFFIRMED IN PART and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Ginsburg, JJ., joined, and in which Breyer and Alito, JJ., joined as to Part III. Breyer, J., filed an opinion concurring in part and concurring in the judgment. Alito, J., filed an opinion concurring in part, concurring in the judment in part, and dissenting in part. Thomas, J., filed a dissenting opinion. Kagan, J., took no part in the consideration or decision of the case.
Apr 4 2011 JUDGMENT ISSUED.
Apr 8 2011 Record returned to U.S.C.A. for 8th Circuit.
Apr 8 2011 Record returned to U.S.D.C. for Northern District of Iowa.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Alfredo Parrish Parrish Kruidenier Dunn Boles Gribble Gentry & Fisher, L.L.P.(515) 284-5737
    Counsel of Record2910 Grand Avenue
Des Moines, IA  50312
aparrish@parrishlaw.com
Party name: Jason Pepper
Attorneys for Respondent:
Neal Kumar Katyal Acting Solicitor General(202) 514-2217
    Counsel of Record United States Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC  20530-0001
SupremeCtBriefs@USDOJ
Party name: United States
 
Roy W. McLeese U.S. Dept. of Justice 950 Pennsylvania Avenue, NW
Washington, DC  20530-0001
Party name: United States
Other:
Amy Baron-Evans Federal Defenders(617) 223-8061
National Sentencing Resource Counsel
51 Sleeper St., 5th Floor
Boston, MA  02210
abaronevans@gmail.com
Party name: Federal Public and Community Defenders, et al.
 
Adam G. Ciongoli Willis Group Holding Limited(212) 915-8899
One World Financial Center - 7th Floor
New York, NY  10281
adam.ciongoli@willis.com
Party name: Court appointed amicus curiae in support of the judgment below
 
Mary Price Families Against Mandatory Minimums Foundation(202) 822-6700
1612 K Street, NW Suite 700
Washington, DC  20006
mprice@famm.org
Party name: Families Against Mandatory Minimums
 
Matthew M. Shors O'Melveny & Myers LLP(202) 383-5300
1625 Eye Street, NW
Washington, DC  20006
mshors@omm.com
Party name: National Association of Criminal Defense Lawyers

 

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