Skip Navigation LinksHome > Search Results



Docket for 04-104
No. 04-104
Title:
United States, Petitioner
v.
Freddie J. Booker
Docketed:July 21, 2004
Linked with 04A127
Lower Ct:United States Court of Appeals for the Seventh Circuit
  Case Nos.:(03-4225)
  Decision Date:July 9, 2004
Questions Presented

~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Jul 21 2004 Petition for a writ of certiorari filed. (Response due July 28, 2004)
Jul 21 2004 Motion of the Acting Solicitor General to expedite consideration filed. (Vided)
Jul 21 2004 The respondent is directed to file responses to the petition for a writ of certiorari and to the motion to expedite consideration on or before 3 p.m., Wednesday, July 28, 2004.
Jul 23 2004 Letter from Acting Solicitor General, dated July 22, 2004, received. VIDED. (Distributed).
Jul 28 2004 Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. VIDED.
Jul 28 2004 Brief of respondent Freddie J. Booker filed.
Jul 28 2004 Response to motion to expedite consideration filed.
Jul 29 2004 Motion of petitioner to file reply brief in excess of page limits filed. (Distributed). VIDED.
Jul 29 2004 Reply brief of petitioner received. VIDED.
Jul 29 2004 Reply of petitioner in support of motion to expedite consideration of petition and expedited briefing schedule filed. (Distributed) VIDED.
Aug 2 2004 Motion to file in excess of page limits GRANTED.
Aug 2 2004 Motion to expedite consideration filed by petitioner GRANTED.
Aug 2 2004 The motion of the Acting Solicitor General for leave to file a reply brief in excess of the page limits is granted. The petition for a writ of certiorari is granted. This case is consolidated with 04-105, and a total of two hours is allotted for oral argument. The brief of petitioner is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, September 1, 2004. The briefs of respondents are to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, September 21, 2004. A reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, September 27, 2004. Oral argument is set for Monday, October 4, 2004.
Aug 9 2004 CIRCULATED.
Aug 13 2004 Application (04A127) of the Acting Solicitor General to file petitioner's brief on the merits in excess of page limits, submitted to Justice Stevens.
Aug 13 2004 Application (04A127) to file in excess of page limits granted by Justice Stevens. The brief may not exceed 70 pages.
Aug 18 2004 Record received from U.S.C.A. - 7th Circuit. (1 envelope)
Aug 23 2004 Record received from U.S.D.C. - Western Dist. Wisconsin. (1 box - a portion of the record is sealed)
Aug 24 2004 SET FOR ARGUMENT Monday, Ocotober 4. 2004.
Aug 27 2004 Motion to dispense with printing the joint appendix filed by petitioner the Solicitor General (VIDED).
Sep 1 2004 Brief of petitioner United States filed. VIDED. (Distributed)
Sep 1 2004 Brief amici curiae of Orrin G. Hatch, Edward Kennedy, and Diane Feinstein filed. VIDED. (Distributed)
Sep 1 2004 Brief amici curiae of Ad Hoc Group of Former Federal Judges in support of neither party filed. (Distributed)
Sep 1 2004 Brief amicus curiae of United States Sentencing Commission filed. VIDED. (Distributed)
Sep 7 2004 Motion for divided argument filed by respondents. VIDED.
Sep 9 2004 Brief amicus curiae of Federal Public Defender, Northern District of Texas filed. VIDED. (Distributed)
Sep 16 2004 Motion of Ad Hoc Group of Former Federal Judges for leave to participate in oral argument as amicus curiae and for divided argument filed.
Sep 21 2004 Brief amicus curiae of National Association of Federal Defenders filed. VIDED. (Distributed)
Sep 21 2004 Brief of respondent Freddie J. Booker filed. VIDED. (Distributed)
Sep 21 2004 Brief amicus curiae of New York Counsel of Defense Lawyers filed. VIDED. (Distributed)
Sep 21 2004 Brief amicus curiae of Families Against Mandatory Minimums filed. VIDED. (Distributed)
Sep 21 2004 Brief amici curiae of Washington Legal Foundation and Allied Educational Foundation filed. VIDED. (Distributed)
Sep 21 2004 Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED. (Distributed)
Sep 21 2004 Brief amicus curiae of Thomas F. Liotti filed. VIDED. (Distributed)
Sep 27 2004 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Sep 27 2004 Motion for divided argument filed by respondent GRANTED. Counsel must be prepared to discuss both questions presented.
Sep 27 2004 Motion of Ad Hoc Group of Former Federal Judges for leave to participate in oral argument as amicus curiae and for divided argument DENIED.
Sep 27 2004 Reply of petitioner United States filed. VIDED. (Distributed)
Oct 4 2004 Argued. For petitioners: Paul D. Clement, Acting Solicitor General, Department of Justice, Washington, D.C. For respondent Booker: T. Christopher Kelly, Madison, Wis. For respondent Fanfan: Rosemary Scapicchio, Boston, Mass.
Oct 6 2004 Letter from the Acting Solicitor General proposing a lodging received. (Distributed) VIDED.
Oct 8 2004 LODGING approved and received (forty copies of Estimated Number of Cases Possibly Impacted by Blakely received from the Acting Solicitor General) (DISTRIBUTED). VIDED.
Oct 13 2004 Letter from counsel for the respondent Fanfan, dated October 8, 2004, objecting to the Memorandum lodged by the Acting Solicitor General received. VIDED. (Distributed).
Jan 12 2005 Judgment is AFFIRMED and case REMANDED. Stevens, J., delivered the opinon of the Court in part, in which Scalia, Souter, Thomas, and Ginsburg, JJ., joined. Breyer, J., delivered the opinion of the Court in part, in which Rehnquist, C. J., and O'Connor, Kennedy, and Ginsburg, JJ., joined. Stevens, J., filed an opinion dissenting in part, in which Souter, J., joined, and in which Scalia, J., joined except for Part III and footnote 17. Scalia, J., and Thomas, J., filed opinions dissenting in part. Breyer, J., filed an opinion dissenting in part, in which Rehnquist, C. J., and O'Connor and Kennedy, JJ., joined.
Feb 14 2005 JUDGMENT ISSUED.
Mar 1 2005 Acknowledgement of receipt (02/18) of judgment from Clerk, United States Court of Appeals for the Seventh Circuit received.
Apr 12 2005 Record returned to U.S.C.A. - 7th Circuit.
Apr 12 2005 Record returned to U.S.D.C. for the Western District of Wisconson.



~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Paul D. Clement Acting Solicitor General(202) 514-2217
    Counsel of Record Department of Justice
Washington, DC  20530
Party name: United States
Attorneys for Respondent:
T. Christopher Kelly Kelly, Habermehl & Bushaw, S.C.(608) 255-9491
    Counsel of Record145 W. Wilson Street
Madison, WI  53703
Party name: Freddie J. Booker
 
Rosemary Curran Scapicchio Four Longfellow Place, Suite 3703(617) 263-7400
Boston, MA  02114
Party name: Freddie J. Booker
Other:
Samuel J. Buffone Buckley Sandler(202) 349-8000
1250 24th Street, NW
Suite 700
Washington, DC  20037
sbuffone@buckleysandler.com
Party name: National Association of Criminal Defense Lawyers
 
Gregory G. Garre Latham & Watkins, LLP(202) 637-2207
555 11th Street, N.W.
Suite 1000
Washington, DC  20004
gregory.garre@lw.com
Party name: Orrin G. Hatch, Edward Kennedy, and Diane Feinstein
 
Thomas C. Goldstein Akin Gump Strauss Hauer & Feld, LLP(202) 887-4060
1333 New Hampshire Avenue, N.W.
Washington, DC  20036
tgoldstein@akingump.com
Party name: National Association of Criminal Defense Lawyers, et al.
 
Ira R. Kirkendoll Federal Public Defender(214) 767-2746
525 Griffin Street
Suite 629
Dallas, TX  75206
Party name: Federal Public Defender, Northern District of Texas
 
Thomas F. Liotti 600 Old Country Road(516) 794-4700
Suite 530
Garden City, NY  11530
Party name: Thomas F. Liotti
 
John S. Martin Jr. Debevoise & Plimpton(212) 909-6000
919 Third Avenue
New York, NY  10022
Party name: Ad Hoc Group of Former Federal Judges
 
Gregory L. Poe Robbins Russell Englert Orseck & Untereiner(202) 775-4500
1801 K Street, NW
Suite 411L
Washington, DC  20006
Party name: Families Against Mandatory Minimums
 
Paul M. Rashkind Assistant Federal Public Defender(305) 536-6900
150 West Flagler Street, Suite 1500
Miami, FL  33130-1555
Party name: National Association of Federal Defenders
 
James K. Robinson Cadwalader, Wickersham & Taft(202) 862-2200
1201 F Street, NW
Washington, DC  20004
Party name: United States Sentencing Commission
 
Alexandra A.E. Shapiro Shapiro, Arato & Isserles LLP(212) 479-6724
1114 Avenue of the Americas, 45th Floor
New York, NY  10036
ashapiro@shapiroarato.com
Party name: New York Counsel of Defensr Lawyers
 
Donald B. Verrilli Jr. Jenner & Block LLP(202) 639-6000
1099 New York Avenue, N.W.
Suite 900
Washington, DC  20001
dverrilli@jenner.com
Party name: Washington Legal Foundation and Allied Educational Foundation

 

SUPREME COURT OF THE UNITED STATES 1 First Street, NE Washington, DC 20543