No. 20-443
Title:United States, Petitioner
v.
Dzhokhar A. Tsarnaev
Docketed:October 6, 2020
Lower Ct:United States Court of Appeals for the First Circuit
   Case Numbers:(16-6001)
   Decision Date:July 31, 2020
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Oct 06 2020Petition for a writ of certiorari filed. (Response due November 5, 2020)
PetitionProof of Service
Oct 20 2020Motion to extend the time to file a response from November 5, 2020 to December 7, 2020, submitted to The Clerk.
Main Document
Oct 21 2020Motion to extend the time to file a response is granted and the time is extended to and including December 7, 2020.
Nov 05 2020Brief amicus curiae of The National Fraternal Order of Police filed.
Main DocumentCertificate of Word CountProof of Service
Nov 23 2020United States opposition to respondent's 30-day extension request not accepted for filing. (November 23, 2020 - corrected letter to be submitted)
Nov 23 2020Motion to extend the time to file a response from December 7, 2020 to January 6, 2021, submitted to The Clerk.
Main Document
Nov 23 2020Response to motion for an extension of time from petitioner United States filed.
Main Document
Nov 24 2020Motion to extend the time to file a response is granted in part; the time is extended to and including December 17, 2020.
Dec 17 2020Brief of respondent Dzhokhar A. Tsarnaev in opposition filed.
Main DocumentProof of ServiceCertificate of Word Count
Dec 18 2020Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
Main Document
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020Reply of petitioner United States filed. (Distributed)
Main DocumentCertificate of Word Count
Jan 11 2021DISTRIBUTED for Conference of 1/15/2021.
Jan 19 2021DISTRIBUTED for Conference of 1/22/2021.
Feb 12 2021DISTRIBUTED for Conference of 2/19/2021.
Feb 22 2021DISTRIBUTED for Conference of 2/26/2021.
Mar 01 2021DISTRIBUTED for Conference of 3/5/2021.
Mar 15 2021DISTRIBUTED for Conference of 3/19/2021.
Mar 22 2021Petition GRANTED.
Mar 26 2021Motion for an extension of time to file the briefs on the merits filed.
Main Document
Apr 15 2021Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 14, 2021. The time to file respondent's brief on the merits is extended to and including August 20, 2021.
Apr 22 2021Blanket Consent filed by Respondent, Dzhokhar A. Tsarnaev
Blanket Consent
Apr 28 2021Blanket Consent filed by Petitioner, United States
Blanket Consent
May 05 2021Brief amici curiae of James Fetzer, Ph. D., et al. filed.
Main DocumentOtherCertificate of Word CountProof of Service
Jun 14 2021Joint appendix Volume I and II filed. (Statement of costs filed)
Main DocumentMain DocumentMain DocumentProof of Service
Jun 14 2021Brief of petitioner United States filed.
Proof of ServiceMain Document
Jun 14 2021Motion for leave to file Volume III of the joint appendix under seal with redacted copies for the public record filed by petitioner United States.
Main DocumentProof of Service
Jun 14 2021Joint appendix Volume III (Redacted) filed. (Docketed 8/2/21).
Main DocumentProof of Service
Jun 21 2021Brief amicus curiae of American Bar Association filed.
Main DocumentProof of ServiceCertificate of Word Count
Jun 21 2021Brief amicus curiae of Criminal Justice Legal Foundation filed.
Main DocumentCertificate of Word CountProof of Service
Jun 21 2021Brief amicus curiae of The National Fraternal Order of Police filed.
Main DocumentCertificate of Word CountProof of Service
Jul 13 2021ARGUMENT SET FOR Wednesday, October 13, 2021.
Jul 28 2021Record requested from the U.S.C.A. 1st Circuit.
Aug 02 2021Motion for leave to file Volume III of the joint appendix under seal with redacted copies for the public record GRANTED.
Aug 03 2021CIRCULATED
Aug 20 2021Brief of respondent Dzhokhar A. Tsarnaev filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Aug 25 2021Brief amici curiae of Interested Evidence and Sentencing Law Professors filed. ((Distributed)
Main DocumentCertificate of Word CountProof of Service
Aug 27 2021Brief amici curiae of American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Inc., National Association of Criminal Defense Lawyers, and the Rutherford Institute filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Aug 27 2021Brief amici curiae of Retired Federal Judges and Former Federal Prosecutors filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Aug 27 2021Brief amici curiae of Shirin Bakhshay, Tarika Daftary-Kapur, Yael Danieli, Angela Jones, Margaret Bull Kovera, Steven D. Penrod & Christine L. Ruva filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Aug 27 2021Brief amicus curiae of Michael J.Z. Mannheimer filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Sep 14 2021Record received from the U.S.C.A. 1st Circuit (1 Box - including several CDs and thumb-drives of sealed material). Notation that district court was instructed to transmit its record material to the Clerk.
Sep 20 2021Reply of petitioner United States filed. (Distributed)
Proof of ServiceMain Document
Sep 29 2021The record received from the U.S.D.C. Dist. of Massachusetts has been electronically filed.
Oct 04 2021Letter of petitioner clarifying joint appendix arrangement filed.
Main Document
Oct 13 2021Argued. For petitioner: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: Ginger D. Anders, Washington, D. C.
Mar 04 2022Judgment REVERSED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Barrett, J., filed a concurring opinion, in which Gorsuch, J., joined. Breyer, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Sotomayor, J., joined except as to Part II–C.
Apr 05 2022judgment issued.
Dec 21 2022Record returned to the U.S.C.A. 1st Circuit (1 box of sealed materials).

NAMEADDRESSPHONE
Attorneys for Petitioner
Elizabeth B. Prelogar
    Counsel of Record
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
Ginger D. Anders
    Counsel of Record
Munger, Tolles & Olson LLP
601 Massachusetts Avenue, NW
Suite 500E
Washington, DC 20001-5369

ginger.anders@mto.com
2022201107
Party name: Dzhokhar A. Tsarnaev
Other
John Remington Graham
    Counsel of Record
180 Haut de la Paroisse
St-Agapit, XX G0S 1Z0

jack.graham@globetrotter.net
418-888-5049
Party name: James Fetzer, Ph. D., et al.
William McGinley Jay
    Counsel of Record
Goodwin Procter, LLP
1900 N Street, N.W.
Washington, DC 20036

WJay@goodwinlaw.com
2023464000
Party name: The National Fraternal Order of Police
Jennifer Michelle Keighley
    Counsel of Record
Orrick Herrington & Sutcliffe LLP
51 W. 52nd Street
New York, NY 10019

jkeighley@orrick.com
(212) 506-3584
Party name: Michael J.Z. Mannheimer
Stephen Michael Nickelsburg
    Counsel of Record
Clifford Chance US LLP
2001 K Street NW
Washington, DC 20006

steve.nickelsburg@cliffordchance.com
(202) 912-5000
Party name: Shirin Bakhshay, Tarika Daftary-Kapur, Yael Danieli, Angela Jones, Margaret Bull Kovera, Steven D. Penrod & Christine L. Ruva
Kent S. Scheidegger
    Counsel of Record
Criminal Justice Legal Fdtn.
2131 L Street
Sacramento, CA 95816

briefs@cjlf.org
9164460345
Party name: Criminal Justice Legal Foundation
Kannon K. Shanmugam
    Counsel of Record
Paul, Weiss, Rifkind, Wharton & Garrison LLP
2001 K Street, N.W.
Washington, DC 20006

kshanmugam@paulweiss.com
(202) 223-7300
Party name: Retired Federal Judges and Former Federal Prosecutors
Catherine Emily Stetson
    Counsel of Record
Hogan Lovells US LLP
555 13th Street, N.W.
Washington, DC 20004-1109

cate.stetson@hoganlovells.com
2026375491
Party name: American Civil Liberties Union, American Civil Liberties Union of Massachusetts, Inc., National Association of Criminal Defense Lawyers, and the Rutherford Institute
Dean Arthur Strang
    Counsel of Record
StrangBradley, LLC
613 Williamson Street
Suite 204
Madison, WI 53703

dean@strangbradley.com
608-535-1550
Party name: Interested Evidence and Sentencing Law Professors