| 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 | |
| Date | 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 DocumentLower Court Orders/OpinionsProof 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 PauperisPetitionAppendixCertificate of Word CountProof 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 DocumentProof of Service | |
| Apr 12 2023 | Reply of petitioner Justin Rashaad Brown filed. (Distributed) |
| Main DocumentProof of ServiceCertificate 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. |
| Main Document | |
| Jun 13 2023 | Motion to dispense with printing the joint appendix filed by petitioner (as to 22-6640). |
| Main DocumentProof of Service | |
| 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 DocumentCertificate of Word CountProof of Service | |
| Jul 12 2023 | Joint appendix (as to 22-6389) filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Jul 12 2023 | Brief of petitioner Eugene Jackson (as to 22-6640) filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 17 2023 | Notice of Substitution of Counsel of Record filed on behalf of petitioner (as to 22-6389). |
| Main Document | |
| Jul 19 2023 | Brief amicus curiae of National Association of Federal Defenders filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 19 2023 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 19 2023 | Brief amicus curiae of Clause 40 Foundation (in 22-6640) filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Jul 19 2023 | Brief amicus curiae of FAMM filed. VIDED. |
| Main DocumentCertificate of Word CountProof 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 DocumentCertificate of Word Count | |
| Aug 28 2023 | Motion for divided argument filed by petitioners Eugene Jackson. VIDED. |
| Main DocumentProof of Service | |
| Sep 20 2023 | Reply of petitioner Justin Rashaad Brown (as to 22-6389) filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 20 2023 | Reply of petitioner Eugene Jackson (as to 22-6640) filed. |
| Main DocumentProof of ServiceCertificate 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. |
| Main Document |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| 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 | 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 | 717-782-2237 |
| Party name: Justin Rashaad Brown | ||
| Jeffrey T. Green | Sidley Austin 1501 K Street, NW Washington, DC 20005 JGREEN@SIDLEY.COM | 202 736 8291 |
| Party name: Justin Rashaad Brown | ||
| Attorneys for Respondent | ||
| Elizabeth B. Prelogar Counsel of Record | 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 | ||
| Other | ||
| Ginger D. Anders Counsel of Record | Munger, Tolles & Olson LLP 601 Massachusetts Avenue, NW Suite 500E Washington, DC 20001-5369 GINGER.ANDERS@MTO.COM | 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 | 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 | 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 | 202-538-8300 |
| Party name: FAMM | ||