No. 03-750
Title:
Gary Sherwood Small, Petitioner
v.
United States
Docketed:November 24, 2003
Linked with 03A316
Lower Ct:United States Court of Appeals for the Third Circuit
  Case Nos.:(02-2785)
  Decision Date:June 23, 2003
  Rehearing Denied:July 23, 2003
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Oct 10 2003 Application (03A316) to extend the time to file a petition for a writ of certiorari from October 21, 2003 to November 20, 2003, submitted to Justice Souter.
Oct 15 2003 Application (03A316) granted by Justice Souter extending the time to file until November 20, 2003.
Nov 17 2003 Petition for a writ of certiorari filed. (Response due December 24, 2003)
Dec 18 2003 Order extending time to file response to petition to and including January 23, 2004.
Jan 21 2004 Order further extending time to file response to petition to and including February 23, 2004.
Feb 23 2004 Brief of respondent United States filed.
Mar 10 2004 DISTRIBUTED for Conference of March 26, 2004.
Mar 29 2004 Petition GRANTED.
May 3 2004 Order extending time to file the joint appendix and petitioner's brief on the merits to and including June 14, 2004.
Jun 10 2004 Motion to dispense with printing the joint appendix filed by petitioner.
Jun 10 2004 Brief of petitioner Gary Sherwood Small filed.
Jun 28 2004 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jul 13 2004 Extension of time within which to file respondent's brief on the merits to and including August 16, 2004.
Aug 16 2004 Brief of respondent United States filed.
Aug 23 2004 CIRCULATED.
Sep 1 2004 SET FOR ARGUMENT Wednesday, November 3, 2004.
Sep 10 2004 Reply of petitioner Gary Sherwood Small filed. (Distributed)
Oct 4 2004 Record received from U.S.C.A. - Third Circuit. (1 box)
Oct 12 2004 Record received from U.S.D.C. Western Dist. Pennyslvania. (1 box)
Nov 3 2004 Argued. For petitioner: Paul D. Boas, Pittsburgh, Pa. For respondent: Patricia A. Millett, Assistant to the Solicitor General, Department of Justice, Washington, D.C.
Apr 26 2005 Judgment REVERSED and case REMANDED Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Thomas, J., filed a dissenting opinion, in which Scalia and Kennedy, JJ., joined. Rehnquist, C. J., took no part in the decision of the case.
May 27 2005 JUDGMENT ISSUED.
Jun 7 2005 Acknowledgement of receipt (05/31/05) of judgment from Clerk, United States Court of Appeals for the Third Circuit received.
Aug 2 2005 Record returned to U.S.C.A. for 3rd Circuit.
Aug 2 2005 Record returned to U.S.D.C. for Western District of Pennsylvania.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
David D. Rudovsky Kairys, Rudovsky, et al.(215) 925-4400
718 Arch Street
Suite 501S
Philadelpha, PA  19106
Party name: Gary Sherwood Small
Attorneys for Respondent:
Paul D. Clement Acting Solicitor General(202) 514-2217
Department of Justice
Washington, DC  20530
Party name: United States