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Decided

Manrique v. United States

Docket No.15-7250
Op. Below11th Cir.
ArgumentOct 11, 2016

Holding

A defendant wishing to appeal an order imposing restitution in a deferred restitution case must file a notice of appeal from that order; if he fails to do so and the government objects, he may not challenge the restitution order on appeal.

Judgment

Affirmed, 6-2, in an opinion by Clarence Thomas on Apr 19, 2017. Justice Ginsburg filed a dissenting opinion, in which Justice Sotomayor joined. Justice Gorsuch took no part in the consideration or decision of the case.

Proceedings & orders timeline

Dec 2, 2015
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 4, 2016)
Dec 30, 2015
Order extending time to file response to petition to and including February 3, 2016.
Jan 19, 2016
Order further extending time to file response to petition to and including March 4, 2016.
Mar 4, 2016
Brief of respondent United States in opposition filed.
Mar 24, 2016
DISTRIBUTED for Conference of April 15, 2016.
Apr 18, 2016
DISTRIBUTED for Conference of April 22, 2016.
Apr 25, 2016
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
May 20, 2016
The time to file the joint appendix and petitioner's brief on the merits is extended to and including July 8, 2016.
May 20, 2016
The time to file respondent's brief on the merits is extended to and including September 1, 2016.
Jul 8, 2016
Joint appendix filed. (Statement of costs filed)
Jul 8, 2016
Brief of petitioner Marcelo Manrique filed.
Jul 13, 2016
SET FOR ARGUMENT on Tuesday, October 11, 2016.
Jul 22, 2016
Record requested from U.S.C.A. 11th Circuit.
Aug 2, 2016
Record received from U.S.D.C. Southern Dist. of Florida is electronic and located on PACER. Also received SEALED pleadings (1 Envelope).
Aug 19, 2016
CIRCULATED.
Sep 1, 2016
Brief of respondent United States filed. (Distributed)
Sep 30, 2016
Reply of petitioner Marcelo Manrique filed. (Distributed)
Oct 11, 2016
Argued. For petitioner: Paul M. Rashkind, Assistant Federal Defender, Miami, Fla. For respondent: Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Apr 19, 2017
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Breyer, Alito, and Kagan, JJ., joined. Ginsburg, J., filed a dissenting opinion, in which Sotomayor, J., joined. Gorsuch, J., took no part in the consideration or decision of the case.
May 22, 2017
JUDGMENT ISSUED.
Aug 28, 2017
Record from the U.S.D.C. Southern District of Florida has been returned.

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