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Decided

DePierre v. United States

Docket No.09-1533
Op. Below1st Circuit
ArgumentFeb 28, 2011

Holding

For purposes of a statute establishing mandatory minimum sentences for certain offenses involving cocaine base, the term cocaine base? includes all cocaine in its chemically basic form, not just crack cocaine.

Plain English Holding

A federal sentencing statute requiring high mandatory minimum sentences for certain offenses involving cocaine base applies to all kinds of cocaine, not just crack cocaine.

Judgment

Affirmed, 9-0, in an opinion by Sonia Sotomayor on Jun 9, 2011. Justice Scalia did not join Part III-A of the opinion; he also filed a separate opinion concurring in part and concurring in the judgment.

Proceedings & orders timeline

Jun 15, 2010
Petition for a writ of certiorari filed. (Response due July 16, 2010)
Jul 8, 2010
Order extending time to file response to petition to and including August 16, 2010.
Aug 16, 2010
Brief of respondent United States in opposition filed.
Sep 1, 2010
DISTRIBUTED for Conference of September 27, 2010.
Sep 1, 2010
Reply of petitioner Frantz DePierre filed. (Distributed).
Oct 4, 2010
DISTRIBUTED for Conference of October 8, 2010.
Oct 12, 2010
Petition GRANTED.
Nov 23, 2010
The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 10, 2010.
Nov 23, 2010
The time to file respondent's brief on the merits is extended to and including January 18, 2011.
Dec 10, 2010
Brief of petitioner Frantz DePierre filed.
Dec 17, 2010
Brief amici curiae of Individual Physicians and Scientists Robert Booth, PhD, et al. filed.
Dec 23, 2010
SET FOR ARGUMENT ON Monday, February 28, 2011.
Jan 3, 2011
CIRCULATED.
Jan 18, 2011
Brief of respondent United States filed. (Distributed).
Jan 31, 2011
Record received from U.S.C.A. for 1st Circuit. (1 box)
Jan 31, 2011
Record received from U.s.D.C. for District of Massachusetts. (1box)
Feb 17, 2011
Reply of petitioner Frantz DePierre filed. (Distributed)
Feb 28, 2011
Argued. For petitioner: Andrew J. Pincus, Washington, D. C. For respondent: Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Mar 15, 2011
Motion to dispense with printing the joint appendix filed by petitioner Frantz DePierre.
Mar 15, 2011
Letter received from counsel for the petitioner regarding filing of the motion for leave to dispense with printing the joint appendix.
Mar 28, 2011
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Jun 9, 2011
Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Alito, and Kagan, JJ., joined, and in which Scalia, J., joined except for Part III-A. Scalia, J., filed an opinion concurring in part and concurring in the judgment.
Jul 11, 2011
JUDGMENT ISSUED.
Jul 22, 2011
Record returned to U.S.C.A. for 1st Circuit.
Jul 22, 2011
Record returned to U.S.D.C. for the District of Massachusetts.

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