No. 19-1414
Title:United States, Petitioner
v.
Joshua James Cooley
Docketed:June 24, 2020
Lower Ct:United States Court of Appeals for the Ninth Circuit
   Case Numbers:(17-30022)
   Decision Date:March 21, 2019
   Rehearing Denied:January 24, 2020
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Jun 19 2020Petition for a writ of certiorari filed. (Response due July 24, 2020)
PetitionProof of Service
Jul 10 2020Motion to extend the time to file a response from July 24, 2020 to August 24, 2020, submitted to The Clerk.
Main DocumentProof of Service
Jul 13 2020Motion to extend the time to file a response is granted and the time is extended to and including August 24, 2020.
Jul 24 2020Brief amici curiae of Crow Tribe of Indians, National Congress of American Indians and Other Tribal Organizations filed.
Main DocumentCertificate of Word CountProof of Service
Jul 24 2020Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Aug 21 2020Waiver of right of respondent Joshua James Cooley to respond filed.
Main Document
Aug 26 2020DISTRIBUTED for Conference of 9/29/2020.
Sep 15 2020Response Requested. (Due October 15, 2020)
Oct 15 2020Brief of respondent Joshua James Cooley in opposition filed.
Main DocumentCertificate of Word CountProof of Service
Oct 15 2020Motion for leave to proceed in forma pauperis filed by respondent Joshua James Cooley.
Main DocumentProof of Service
Oct 22 2020Waiver of the 14-day waiting period under Rule 15.5 filed.
Main Document
Oct 28 2020DISTRIBUTED for Conference of 11/13/2020.
Oct 28 2020Reply of petitioner United States filed. (Distributed)
Main DocumentProof of Service
Nov 16 2020DISTRIBUTED for Conference of 11/20/2020.
Nov 20 2020Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Nov 20 2020Petition GRANTED.
Dec 18 2020Motion for an extension of time to file the briefs on the merits filed.
Main Document
Dec 31 2020Motion to extend the time to file the briefs on the merits granted. The time to file the appendix and petitioner's brief on the merits is extended to and including January 8, 2021. The time to file respondent's brief on the merits is extended to and including February 12, 2021.
Jan 04 2021Motion to dispense with printing the joint appendix filed by petitioner United States.
Proof of ServiceMain Document
Jan 08 2021Brief of petitioner United States filed.
Main DocumentProof of Service
Jan 14 2021Brief amici curiae of Lower Brule Sioux Tribe, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Jan 14 2021Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed.
Main DocumentOtherCertificate of Word CountProof of Service
Jan 15 2021Brief amicus curiae of Indian Law Scholars and Professors filed.
Main DocumentOtherCertificate of Word CountProof of Service
Jan 15 2021Brief amici curiae of National Congress of American Indians and Other Tribal Organizations filed.
Main DocumentProof of ServiceCertificate of Word Count
Jan 15 2021Brief amici curiae of Current and Former Members of Congress filed.
Main DocumentCertificate of Word CountProof of Service
Jan 15 2021Brief amici curiae of National Indigenous Women's Resource Center, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Jan 15 2021Brief amici curiae of Cayuga Nation, et al. filed.
Main DocumentCertificate of Word CountProof of Service
Jan 15 2021Brief amici curiae of Former United States Attorneys filed.
Main DocumentCertificate of Word CountProof of Service
Jan 19 2021Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Feb 01 2021SET FOR ARGUMENT on Tuesday, March 23, 2021.
Feb 04 2021Record requested from the U.S.C.A. 9th Circuit.
Feb 04 2021Record from the U.S.C.A. 9th Circuit is electronic and located on Pacer.
Feb 12 2021Brief of respondent Joshua James Cooley filed.
Main DocumentCertificate of Word CountProof of Service
Feb 19 2021Brief amici curiae of The Ninth Circuit Federal Public and Community Defenders filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Feb 19 2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Feb 19 2021Amicus brief of Citizens Equal Rights Foundation not accepted for filing. (Corrected brief submitted - March 22, 2021)
Feb 19 2021Brief amicus curiae of Citizens Equal Rights Foundation filed. (Distributed)
Main DocumentMain Document
Feb 22 2021CIRCULATED.
Mar 10 2021Motion to appoint counsel filed by respondent Joshua James Cooley.
Main DocumentProof of Service
Mar 12 2021Reply of petitioner United States filed. (Distributed)
Proof of ServiceMain Document
Mar 15 2021Motion DISTRIBUTED for Conference of 3/19/2021.
Mar 19 2021Motion to appoint counsel filed by respondent GRANTED, and Eric R. Henkel, Esquire, of Missoula, Montana, is appointed to serve as counsel for respondent in this case.
Mar 23 2021Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Eric R. Henkel, Missoula, Mont. (Appointed by this Court.)

NAMEADDRESSPHONE
Attorneys for Petitioner
Elizabeth B. Prelogar
    Counsel of Record
Acting Solicitor General
United States Department of Justice 950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States
Attorneys for Respondent
Eric R Henkel
    Counsel of Record
Christian, Samson & Baskett, PLLC
310 W. Spruce St.
Missoula, MT 59802

eric@csblawoffice.com
406-721-7772
Party name: Joshua James Cooley
Other
Peter Nelson Heidepriem
    Counsel of Record
Heidepriem, Purtell, Siegel & Hinrichs, LLP
101 West 69th Street Suite 105
Sioux Falls, SD 57108

pete@hpslawfirm.com
6056794470
Party name: Lower Brule Sioux Tribe, the Flandreau Santee Sioux Tribe, and the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation
Keith James Hilzendeger
    Counsel of Record
Federal Public Defender, District of Arizona
850 West Adams Street
Suite 201
Phoenix, AZ 85007

keith_hilzendeger@fd.org
6023822781
Party name: National Association of Criminal Defense Lawyers
Daniel Lee Kaplan
    Counsel of Record
Office of the Federal Public Defender
850 West Adams Street, Suite 201
Phoenix, AZ 85007

dan_kaplan@fd.org
602-382-2700
Party name: The Ninth Circuit Federal Public and Community Defenders
Lawrence A. Kogan
    Counsel of Record
The Kogan Law Group, P.C.
100 United Nations Plaza Suite #14F
New York, NY 10017

lkogan@koganlawgroup.com
212-644-9240
Party name: Citizens Equal Rights Foundation
Eric John Magnuson
    Counsel of Record
Robins Kaplan LLP
800 LaSalle Avenue
Suite 2800
Minneapolis, MN 55402

emagnuson@robinskaplan.com
612-349-8548
Party name: Former United States Attorneys
Mary Kathryn Nagle
    Counsel of Record
Pipestem Law LLC
320 South Boston Ave, Suite 1705
Tulsa, OK 74103

mknagle@pipestemlaw.com
2024070591
Party name: National Indigenous Women's Resource Center
Jeffrey Scott Rasmussen
    Counsel of Record
Patterson Earnhart Real Bird & Wilson LLP
1900 Plaza Drive
Louisville, CO 80027

jrasmussen@nativelawgroup.com
303-926-5292
Party name: Ute Indian Tribe of the Uintah and Ouray Reservation
Colette Routel
    Counsel of Record
Mitchell Hamline School of Law
875 Summit Avenue
St. Paul, MN 55105

colette.routel@mitchellhamline.edu
6512906327
Party name: Indian Law Scholars and Professors
Zachary Charles Schauf
    Counsel of Record
Jenner & Block, LLP
1099 New York Ave., NW
Washington, DC 20001

ZSchauf@jenner.com
202-637-6379
Party name: Cayuga Nation, et al.
Jennifer H. Weddle
    Counsel of Record
Greenberg Traurig
1144 15th Street
Suite 3300
Denver, CO 80202

weddlej@gtlaw.com
3035726565
Party name: National Congress of American Indians and Other Tribal Organizations
April Dennise Youpee-Roll
    Counsel of Record
Munger, Tolles & Olson LLP
350 South Grand Ave., 50th Floor
Los Angeles, CA 90071

april.youpee-roll@mto.com
213-683-9536
Party name: Current and Former Members of Congress