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Decided

McNeill v. United States

Docket No.10-5258
Op. Below4th Circuit
ArgumentApr 25, 2011
Vote9-0
AuthorClarence Thomas
OpinionJun 6, 2011
TermOctober Term 2010
SCOTUS PageOpinion

Holding

A federal sentencing court must determine whether an offense under state law is a serious drug offense by consulting the maximum term of imprisonment applicable to a defendant's prior state drug offense at the time of the defendant's conviction for that offense, rather than looking to state law at the time of the defendant's federal sentencing.

Plain English Holding

A federal statute imposes higher sentences for federal defendants who have previously been convicted of a serious drug offense. Whether a prior offense counts as a serious drug offense is determined by looking at the longest sentence that the defendant could have received when he was convicted, even if the defendant would have received a lower sentence later.

Judgment

Affirmed., 9-0, in an opinion by Clarence Thomas on Jun 6, 2011.

Merits Briefs

Amicus Briefs

[##CERT-STAGE##]

Related Coverage

Proceedings & orders timeline

Jul 2, 2010
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2010)
Aug 2, 2010
Order extending time to file response to petition to and including September 8, 2010.
Aug 9, 2010
Order further extending time to file response to petition to and including October 8, 2010.
Oct 1, 2010
Order further extending time to file response to petition to and including November 8, 2010.
Nov 8, 2010
Brief of respondent United States in opposition filed.
Nov 19, 2010
Reply of petitioner Clifton Terelle McNeill filed. (Distributed)
Nov 24, 2010
DISTRIBUTED for Conference of December 10, 2010.
Jan 3, 2011
DISTRIBUTED for Conference of January 7, 2011.
Jan 7, 2011
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Feb 7, 2011
SET FOR ARGUMENT ON Monday, April 25, 2011.
Feb 9, 2011
The time to file the joint appendix and petitioner's brief on the merits is extended to and including February 25, 2011.
Feb 9, 2011
The time to file respondent's brief on the merits is extended to and including March 29, 2011.
Feb 25, 2011
Joint appendix filed.
Feb 25, 2011
Brief of petitioner Clifton Terelle McNeill filed.
Feb 25, 2011
Motion for leave to file Volume II of the Joint Appendix under seal filed by petitioner Clifton Terelle McNeill.
Mar 2, 2011
Motion DISTRIBUTED for Conference of March 18, 2011.
Mar 4, 2011
Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.
Mar 8, 2011
CIRCULATED.
Mar 10, 2011
Record recevied from U.S.C.A. for 4th Circuit. (1 envelope)
Mar 14, 2011
Sealed record received from U.S.D.C. for Northern District of North Carolina. (1 envelope)
Mar 21, 2011
Motion for leave to file Volume II of the Joint Appendix under seal GRANTED.
Mar 29, 2011
Brief of respondent United States filed. (Distributed)
Apr 18, 2011
Reply of petitioner Clifton Terelle McNeill filed. (Distributed)
Apr 25, 2011
Argued. For petitioner: Stephen C. Gordon, Assistant Federal Public Defender, Raleigh, N. C. For respondent: Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 6, 2011
Adjudged to be AFFIRMED. Thomas, J., delivered the opinion for a unanimous Court.
Jul 8, 2011
JUDGMENT ISSUED.
Jul 19, 2011
Record returned to U.S.C.A. for 4th Circuit.
Jul 19, 2011
Record returned to U.S.D.C. for Eastern District of North Carolina.

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