| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Jul 21 2004 |
Petition for a writ of certiorari before judgment 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 before judgment 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 of respondent in opposition filed. |
| Jul 28 2004 |
Response to motion to expedite consideration filed. |
| Jul 28 2004 |
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed. VIDED. |
| 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 the petition and expedited briefing schedule. filed. VIDED. (Distributed) |
| Aug 2 2004 |
Motion to file reply brief 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 before judgment is granted. This case is consolidated with 04-104, 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 16 2004 |
Record received from U.S.D.C. for District of Maine. (1 box including 1sealed envelope) |
| Aug 18 2004 |
Record received from U.S.C.A. 1st Circuit. (1 envelope) |
| Aug 24 2004 |
SET FOR ARGUMENT Monday, October 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 amicus curiae of Ad Hoc Group of Former Judges in support of neither party filed. VIDED. (Distributed) |
| Sep 1 2004 |
Brief amici curiae of Orrin Hatch, et al. filed. VIDED. (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 filed. VIDED. (Distributed) |
| Sep 16 2004 |
Motion of Ad Hoc Group of Former Judges in support of neither party 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 Ducan Fanfan filed. VIDED. (Distributed) |
| Sep 21 2004 |
Brief amicus curiae of New York Council 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 Judges in support of neither party 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) TBP |
| Oct 4 2004 |
Argued. |
| Oct 4 2004 |
Argued. 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 Acting Solicitor General). (Distributed). VIDED. |
| Oct 13 2004 |
Letter from counsel for the respondent Fanfan, dated October 8, 2004, objecting to lodging of Memorandum by the Acting Solicitor General received. VIDED. (Distributed). |
| Jan 12 2005 |
Judgment is VACATED 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. |
| May 5 2005 |
Record returned to U.S.D.C. for District of Maine. |