No. 22-6389
Vide 22-6640
 
Title: Justin Rashaad Brown, Petitioner
v.
United States
Docketed: December 23, 2022
Linked with: 22A453
Lower Ct: United States Court of Appeals for the Third Circuit
   Case Numbers: (21-1510)
   Decision Date: August 29, 2022
Questions Presented
 
Proceedings and Orders
Nov 18 2022 Application (22A453) to extend the time to file a petition for a writ of certiorari from November 27, 2022 to December 28, 2022, submitted to Justice Alito.
Main Document Lower Court Orders/Opinions Proof of Service
Nov 22 2022 Application (22A453) granted by Justice Alito extending the time to file until December 28, 2022.
Dec 21 2022 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 23, 2023)
Motion for Leave to Proceed in Forma Pauperis Petition Appendix Certificate of Word Count Proof of Service
Jan 12 2023 Motion to extend the time to file a response from January 23, 2023 to February 22, 2023, submitted to The Clerk.
Main Document
Jan 12 2023 Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2023.
Feb 15 2023 Motion to extend the time to file a response from February 22, 2023 to March 24, 2023, submitted to The Clerk.
Main Document
Feb 16 2023 Motion to extend the time to file a response is granted and the time is further extended to and including March 24, 2023.
Mar 24 2023 Brief of respondent United States filed.
Main Document Proof of Service
Apr 12 2023 Reply of petitioner Justin Rashaad Brown filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Apr 13 2023 DISTRIBUTED for Conference of 4/28/2023.
May 08 2023 DISTRIBUTED for Conference of 5/11/2023.
May 15 2023 Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. The petition for a writ of certiorari in No. 22-6640 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
May 25 2023 Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 22-6389. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 22-6389. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jun 01 2023 Motion for an extension of time to file the briefs on the merits filed. VIDED.
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Jun 13 2023 Motion to dispense with printing the joint appendix filed by petitioner (as to 22-6640).
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Jun 20 2023 Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendices and petitioners' briefs on the merits is extended to and including July 12, 2023. The time to file respondents' briefs on the merits is extended to and including August 21, 2023. VIDED.
Jul 12 2023 Brief of petitioner Justin Rashaad Brown (as to 22-6389) filed.
Main Document Certificate of Word Count Proof of Service
Jul 12 2023 Joint appendix (as to 22-6389) filed. (Statement of costs filed)
Main Document Proof of Service
Jul 12 2023 Brief of petitioner Eugene Jackson (as to 22-6640) filed.
Main Document Certificate of Word Count Proof of Service
Jul 17 2023 Notice of Substitution of Counsel of Record filed on behalf of petitioner (as to 22-6389).
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Jul 19 2023 Brief amicus curiae of National Association of Federal Defenders filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Jul 19 2023 Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Jul 19 2023 Brief amicus curiae of Clause 40 Foundation (in 22-6640) filed.
Main Document Certificate of Word Count Proof of Service
Jul 19 2023 Brief amicus curiae of FAMM filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 21 2023 Motion to dispense with printing the joint appendix in No. 22-6640 filed by petitioner GRANTED.
Aug 21 2023 Brief of respondent United States filed. VIDED.
Main Document Certificate of Word Count
Aug 28 2023 Motion for divided argument filed by petitioners Eugene Jackson. VIDED.
Main Document Proof of Service
Sep 20 2023 Reply of petitioner Justin Rashaad Brown (as to 22-6389) filed.
Main Document Certificate of Word Count Proof of Service
Sep 20 2023 Reply of petitioner Eugene Jackson (as to 22-6640) filed.
Main Document Proof of Service Certificate of Word Count
Oct 02 2023 Motion for divided argument filed by petitioners GRANTED. VIDED.
Oct 12 2023 SET FOR ARGUMENT on Monday, November 27, 2023. VIDED.
Oct 13 2023 Record requested from the United States Court of Appeals for the Third Circuit.
Oct 19 2023 CIRCULATED
Oct 19 2023 Electronic record received from the United States Court of Appeals for the Third Circuit.
Nov 27 2023 Argued. For petitioner Brown: Jeffrey T. Green, Washington, D. C. For petitioner Jackson: Andrew Adler, Assistant Federal Public Defender, Fort Lauderdale, Fla. For respondent: Austin Raynor, Assistant to the Solicitor General, Department of Justice, Washington, D. C. VIDED.
May 23 2024 Adjudged to be AFFIRMED. Alito, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Sotomayor, Kavanaugh, and Barrett, JJ., joined. Jackson, J., filed a dissenting opinion, in which Kagan, J., joined, and in which Gorsuch, J., joined as to Parts I, II, and III. VIDED.
Jun 24 2024 Judgment Issued.
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Attorneys
Attorneys for Petitioners
Andrew Lee Adler
Counsel of Record
Federal Public Defender's Office
One East Broward Blvd.
Suite 1100
Fort Lauderdale, FL 33301

ANDREW_ADLER@FD.ORG
Ph: 305-533-4194
Party name: Eugene Jackson


Ronald A. Krauss
Counsel of Record
Federal Public Defender's Office
100 Chestnut Street, 3rd Floor
Harrisburg, PA 17101

ronald_krauss@fd.org
Ph: 717-782-2237
Party name: Justin Rashaad Brown


Jeffrey T. Green
Sidley Austin
1501 K Street, NW
Washington, DC 20005

JGREEN@SIDLEY.COM
Ph: 202 736 8291
Party name: Justin Rashaad Brown


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

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Other Attorneys
Ginger D. Anders
Counsel of Record
Munger, Tolles & Olson LLP
601 Massachusetts Avenue, NW
Suite 500E
Washington, DC 20001-5369

GINGER.ANDERS@MTO.COM
Ph: 202-220-1100
Party name: National Association of Federal Defenders


Daniel Edward Jones
Counsel of Record
Mayer Brown, LLP
1999 K Street, NW
Washington, DC 20006

djones@mayerbrown.com
Ph: 202-263-3000
Party name: National Association of Criminal Defense Lawyers


Douglas Eugene Litvack
Counsel of Record
Jenner & Block LLP
1099 New York Avenue NW, Suite 900
Washington, DC 20001-4412

DLITVACK@JENNER.COM
Ph: 202-637-6357
Party name: Clause 40 Foundation


Christopher George Michel
Counsel of Record
Quinn Emanuel Urquhart & Sullivan, LLP
1300 I Street NW
Suite 900
Washington, DC 20005

CHRISTOPHERMICHEL@QUINNEMANUEL.COM
Ph: 202-538-8300
Party name: FAMM