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Decided

Tapia v. United States

Docket No.10-5400
Op. BelowNinth Circuit
ArgumentApr 18, 2011

Holding

18 U.S.C. § 3582(a) does not permit a sentencing court to impose or lengthen a prison term to foster a defendant's rehabilitation.

Judgment

Ninth Circuit reversed, 9-0, in an opinion by Elena Kagan on Jun 16, 2011. Justice Sotomayor filed a concurring opinion, which was joined by Justice Alito.

Proceedings & orders timeline

Jul 9, 2010
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2010)
Jul 21, 2010
Waiver of right of respondent United States to respond filed.
Jul 29, 2010
DISTRIBUTED for Conference of September 27, 2010.
Aug 25, 2010
Response Requested . (Due September 24, 2010)
Sep 14, 2010
Order extending time to file response to petition to and including October 25, 2010.
Oct 25, 2010
Brief of respondent United States in opposition filed.
Oct 29, 2010
Reply of petitioner Alejandra Tapia filed.
Nov 9, 2010
DISTRIBUTED for Conference of November 23, 2010.
Nov 29, 2010
DISTRIBUTED for Conference of December 3, 2010.
Dec 6, 2010
DISTRIBUTED for Conference of December 10, 2010.
Dec 10, 2010
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jan 10, 2011
Stephanos Bibas, Esquire, of Philadelphia, Pennsylvania, is invited to brief and argue this case, as amicus curiae, in support of the position that 18 U.S.C. §3582(a) allows district courts to consider rehabilitative need in setting the length and term of imprisonment.
Jan 18, 2011
The time to file the joint appendix and petitioner's brief on the merits is extended to and including January 31, 2011.
Jan 18, 2011
The time to file the Court-appointed brief of amicus curiae is extended to and including March 10, 2011.
Jan 18, 2011
Any reply brief on the merits will be filed on or before April 8, 2011.
Jan 31, 2011
Brief of respondent United States supporting vacatur filed.
Jan 31, 2011
Joint appendix filed. (Statement of costs filed)
Jan 31, 2011
Brief of petitioner Alejandra Tapia filed.
Jan 31, 2011
Motion to file Volume II of the joint appendix under seal filed by petitioner Alejandra Tapia.
Feb 7, 2011
SET FOR ARGUMENT ON Monday, April 18, 2011.
Feb 15, 2011
CIRCULATED.
Feb 16, 2011
Motion DISTRIBUTED for Conference of March 4, 2011.
Mar 7, 2011
Motion to file Volume II of the joint appendix under seal GRANTED.
Mar 9, 2011
Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Mar 10, 2011
Brief amicus curiae of Court-appointed amicus curiae filed. (Distributed)
Mar 14, 2011
Partial record received from U.S.D.C. for Southern District of California. (1 envelope) This is the sealed portion of the record. The remainder of the record is electronic.
Mar 16, 2011
Motion for divided argument filed by respondent United States supporting vacatur.
Apr 4, 2011
Motion for divided argument filed by respondent GRANTED.
Apr 8, 2011
Reply of respondent United States supporting vacatur filed. (Distributed)
Apr 11, 2011
Reply of petitioner Alejandra Tapia filed. (Distributed)
Apr 18, 2011
Argued. For petitioner: Reuben C. Cahn, San Diego, Cal. For respondent in support of vacatur: Matthew D. Roberts, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For amicus curiae: Stephanos Bibas, Philadelphia, Pa. (Appointed by this Court.)
Jun 16, 2011
Judgment REVERSED and case REMANDED. Kagan, J. delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Alito, J., joined.
Jul 18, 2011
JUDGMENT ISSUED.
Jul 19, 2011
Record returned to U.S.C.D. for Southern District of California.

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