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Decided

Southern Union Company v. United States

Docket No.11-94
Op. Below1st Cir.
ArgumentMar 19, 2012
Vote6-3
AuthorSonia Sotomayor
OpinionJun 21, 2012
TermOctober Term 2011
SCOTUS PageOpinion

Holding

The rule established in Apprendi v. New Jersey " in which the Court held that the Sixth Amendment"s jury-trial guarantee requires that any fact (other than the fact of a prior conviction) which increases the maximum punishment authorized for a particular crime be proved to a jury beyond a reasonable doubt " applies to the imposition of criminal fines.

Judgment

Reversed, 6-3, in an opinion by Sonia Sotomayor on Jun 21, 2012. Justice Breyer filed a dissenting opinion, which was joined by Justices Kennedy and Alito.

Merits Briefs for the Petitioner

Amicus Briefs in Support of the Petitioner

Merits Briefs for the Respondent

[##CERT-STAGE##]

Related Coverage

Proceedings & orders timeline

Apr 8, 2011
Application (10A998) to extend the time to file a petition for a writ of certiorari from May 18, 2011 to June 17, 2011, submitted to Justice Breyer.
Apr 12, 2011
Application (10A998) granted by Justice Breyer extending the time to file until June 17, 2011.
Jun 3, 2011
Application (10A998) to extend further the time from June 17, 2011 to July 17, 2011, submitted to Justice Breyer.
Jun 9, 2011
Application (10A998) granted by Justice Breyer extending the time to file until July 17, 2011.
Jul 15, 2011
Petition for a writ of certiorari filed. (Response due August 19, 2011)
Aug 11, 2011
Order extending time to file response to petition to and including September 19, 2011.
Aug 19, 2011
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Sep 13, 2011
Order further extending time to file response to petition to and including October 19, 2011.
Oct 19, 2011
Brief of respondent United States in opposition filed.
Oct 31, 2011
Reply of petitioner Southern Union Company filed.
Oct 31, 2011
DISTRIBUTED for Conference of November 22, 2011.
Nov 28, 2011
Petition GRANTED.
Dec 19, 2011
SET FOR ARGUMENT ON Monday, March 19, 2012.
Dec 30, 2011
Record received from U.S.C.A. for 1st Circuit. (1box)
Jan 12, 2012
Joint appendix filed. (Statement of costs received.)
Jan 12, 2012
Brief of petitioner Southern Union Company filed.
Jan 19, 2012
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jan 19, 2012
Brief amicus curiae of Criminal Procedure Scholars filed.
Jan 20, 2012
Record from U.S.D.C. for District of Rhode Island is electronic. Record received from U.S.D.C. for District of Rhode Island consist of exhibits and transcripts (1 box)
Jan 31, 2012
CIRCULATED.
Feb 13, 2012
Brief of respondent United States filed. (Distributed)
Mar 12, 2012
Reply of petitioner Southern Union Company filed. (Distributed)
Mar 19, 2012
Argued. For petitioner: Carter G. Phillips, Washington, D. C. For respondent: Michael R. Dreeben, Deputy Solicitor General, Department of Justice, Washington, D. C.
Jun 21, 2012
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Ginsburg, and Kagan, JJ., joined. Breyer, J., filed a dissenting opinion, in which Kennedy and Alito, JJ., joined.
Jul 23, 2012
JUDGMENT ISSUED.
Jul 24, 2012
Record returned to U.S.C.A. for 1st Circuit - box.
Jul 24, 2012
Record returned to U.S.D.C. for District of Rhode Island.

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