| 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 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Oct 05 2020 | Petition for a writ of certiorari filed. (Response due November 6, 2020) |
| PetitionProof of Service | |
| Oct 13 2020 | Motion to extend the time to file a response from November 6, 2020 to December 8, 2020, submitted to The Clerk. |
| Main Document | |
| Oct 14 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2020. |
| Dec 08 2020 | Brief of respondent Michael Andrew Gary in opposition filed. |
| Main DocumentProof of ServiceOther | |
| Dec 08 2020 | Motion for leave to proceed in forma pauperis filed by respondent Michael Andrew Gary. |
| Main DocumentProof of ServiceOther | |
| Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021. |
| Dec 23 2020 | Reply of petitioner United States filed. (Distributed) |
| Main DocumentProof of Service | |
| Jan 08 2021 | Motion for leave to proceed in forma pauperis filed by respondent GRANTED. |
| Jan 08 2021 | Petition GRANTED. |
| Jan 12 2021 | Motion to appoint counsel filed by respondent Michael Andrew Gary. |
| Main DocumentOtherProof of Service | |
| Jan 20 2021 | Motion DISTRIBUTED for Conference of 2/19/2021. |
| Feb 16 2021 | Brief of petitioner United States filed. |
| Main DocumentProof of Service | |
| Feb 16 2021 | Joint appendix filed. (Statement of costs filed 5/12/21). |
| Proof of ServiceMain Document | |
| Feb 16 2021 | Motion to file Volume II of the joint appendix under seal filed by petitioner United States. |
| Feb 22 2021 | Motion 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 2021 | Blanket Consent filed by Respondent, Michael Andrew Gary |
| Blanket ConsentProof of Service | |
| Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 20, 2021. |
| Mar 15 2021 | Record requested. |
| Mar 17 2021 | Record received from the U.S.D.C. District of South Carolina has been electronically received and filed. |
| Mar 18 2021 | Brief of respondent Michael Andrew Gary filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 25 2021 | The 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 2021 | Brief amicus curiae of Stuart Banner filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 25 2021 | Brief amicus curiae of National Association of Federal Defenders filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 25 2021 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 25 2021 | Brief amici curiae of Former United States District Court Judges filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 25 2021 | Brief amicus curiae of Cato Institute filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Mar 29 2021 | Motion of petitioner for leave to file Volume II of the joint appendix under seal GRANTED. |
| Mar 30 2021 | CIRCULATED |
| Apr 09 2021 | Reply of petitioner United States filed. (Distributed) |
| Proof of ServiceMain Document | |
| Apr 20 2021 | Argued. 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 2021 | Judgment 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 2021 | JUDGMENT ISSUED. |
| NAME | ADDRESS | PHONE |
| 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 | ||