No. 20-444
Title:United States, Petitioner
v.
Michael Andrew Gary
Docketed:October 7, 2020
Lower Ct:United States Court of Appeals for the Fourth Circuit
   Case Numbers:(18-4578)
   Decision Date:March 25, 2020
   Rehearing Denied:July 7, 2020
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Oct 05 2020Petition for a writ of certiorari filed. (Response due November 6, 2020)
PetitionProof of Service
Oct 13 2020Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk.
Main Document
Oct 14 2020Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020.
Dec 08 2020Brief of respondent Michael Andrew Gary in opposition filed.
Main DocumentProof of ServiceOther
Dec 08 2020Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary.
Main DocumentProof of ServiceOther
Dec 23 2020DISTRIBUTED for Conference of 1/8/2021.
Dec 23 2020Reply of petitioner United States filed. (Distributed)
Main DocumentProof of Service
Jan 08 2021Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Jan 08 2021Petition GRANTED.
Jan 12 2021Motion to appoint counsel filed by respondent Michael Andrew Gary.
Main DocumentOtherProof of Service
Jan 20 2021Motion DISTRIBUTED for Conference of 2/19/2021.
Feb 16 2021Brief of petitioner United States filed.
Main DocumentProof of Service
Feb 16 2021Joint appendix filed. (Statement of costs filed 5/12/21).
Proof of ServiceMain Document
Feb 16 2021Motion to file Volume II of the joint appendix under seal filed by petitioner United States.
Feb 22 2021Motion to appoint counsel filed by respondent GRANTED, and Jeffrey L. Fisher, Esq., of Stanford, California, is appointed to serve as counsel for respondent in this case.
Feb 22 2021Blanket Consent filed by Respondent, Michael Andrew Gary
Blanket ConsentProof of Service
Mar 12 2021SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15 2021Record requested.
Mar 17 2021Record received from the U.S.D.C. District of South Carolina has been electronically received and filed.
Mar 18 2021Brief of respondent Michael Andrew Gary filed.
Main DocumentCertificate of Word CountProof of Service
Mar 25 2021The record from the U.S.C.A. 4th Circuit is electronic and located on Pacer, with the exception of a sealed joint appendix, that was received and filed electronically.
Mar 25 2021Brief amicus curiae of Stuart Banner filed.
Main DocumentCertificate of Word CountProof of Service
Mar 25 2021Brief amicus curiae of National Association of Federal Defenders filed.
Main DocumentCertificate of Word CountProof of Service
Mar 25 2021Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Main DocumentCertificate of Word CountProof of Service
Mar 25 2021Brief amici curiae of Former United States District Court Judges filed.
Main DocumentCertificate of Word CountProof of Service
Mar 25 2021Brief amicus curiae of Cato Institute filed.
Main DocumentCertificate of Word CountProof of Service
Mar 29 2021Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED.
Mar 30 2021CIRCULATED
Apr 09 2021Reply of petitioner United States filed. (Distributed)
Proof of ServiceMain Document
Apr 20 2021Argued. For petitioner: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court)
Jun 14 2021Judgment REVERSED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, Kagan, Gorsuch and Barrett, JJ., joined. Justice Sotomayor, concurring as to No. 19-8709, and concurring in part, dissenting in part, and dissenting from the judgment as to No. 20-444. (Opinion together with No. 19-8709). VIDED.
Jul 16 2021JUDGMENT ISSUED.

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
Jeffrey L. Fisher
    Counsel of Record
Stanford Law School Supreme Court Litigation Clinic
559 Nathan Abbott Way
Stanford, CA 94305-8610

jlfisher@law.stanford.edu
(650) 724-7081
Party name: Michael Andrew Gary
Other
Stuart Banner
    Counsel of Record
UCLA School of Law Supreme Court Clinic
405 Hilgard Ave.
Los Angeles, CA 90095

banner@law.ucla.edu
3102068506
Party name: Stuart Banner
David Mark Bitkower
    Counsel of Record
Jenner & Block LLP
1099 New York Avenue, NW, Suite 900
Washington, DC 20001

DBitkower@jenner.com
202-639-6048
Party name: National Association of Criminal Defense Lawyers
Carlton Frederick Gunn
    Counsel of Record
65 North Raymond Ave., Suite 320
Pasadena, CA 91103

cgunnlaw@gmail.com
(626) 667-9580
Party name: National Association of Federal Defenders
Jay Remington Schweikert
    Counsel of Record
The Cato Institute
1000 Massachusetts Ave. NW
Washington, DC 20001

jschweikert@cato.org
2022161461
Party name: Cato Institute
Andrew D. Silverman
    Counsel of Record
Orrick, Herrington & Sutcliffe LLP
51 west 52nd Street
new york, NY 10019

asilverman@orrick.com
212-506-3727
Party name: Former United States District Court Judges