Supreme Court of the United States · Official docket →
United States v. Andre Ralph Haymond
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-5156 · judgment August 31, 2017
Before the decision, about 7.6× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a dissent in the court below (flagged in the petition).
Question presented
Whether the court of appeals erred in holding "unconstitutional and unenforceable" the portions of 18 U.S.C. 3583(k) that required the district court to revoke respondent's ten-year term of supervised release, and to impose five years of reimprisonment, following its finding by a preponderance of the evidence that respondent violated the conditions of his release by knowingly possessing child pornography. THE MOTION FOR APPOINTMENT OF COUNSEL IS GRANTED, AND WILLIAM D. LUNN, ESQ., OF TULSA, OKLAHOMA, IS APPOINTED TO SERVE AS COUNSEL FOR RESPONDENT ANDRE R. HAYMOND.
Counsel of record
For petitioner
Noel John Francisco
Jones Day
For respondent
William Dixon Lunn Jr.
Attorney At Law
Case
Conference history
Distributed for 3 conferences
Amicus briefs
4 merits
(1 supporting pet./neither, 3 respondent)
Argument & decision
Argued February 26, 2019 — Eric J. Feigin · William D. Lunn. Audio and transcript
Decided June 26, 2019. Opinion by Gorsuch.
Proceedings
- Jul 29 2019JUDGMENT ISSUED>
- Jun 26 2019Judgment VACATED and case REMANDED. Gorsuch, J., announced the judgment of the Court and delivered an opinion, in which Ginsburg, Sotomayor, and Kagan, JJ., joined. Breyer, J., filed an opinion concurring in the judgment. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Thomas and Kavanaugh, JJ., joined.
- Jun 17 2019Motion to appoint counsel filed by respondent GRANTED, and William D. Lunn, Esq., of Tulsa, Oklahoma, is appointed to serve as counsel for respondent in this case.
- May 28 2019DISTRIBUTED for Conference of 6/13/2019.
- Apr 19 2019Motion for appointment of counsel filed by respondent Andre Ralph Haymond.
- Apr 19 2019Affidavit of service to motion for appointment of counsel filed. (May 29, 2019)
- Feb 26 2019Argued. For petitioner: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: William D. Lunn, Tulsa, Okla.
- Feb 14 2019Reply of petitioner United States filed. (Distributed)
- Feb 01 2019Letter Proposing Material for Lodging of Andre Ralph Haymond not accepted for filing. (Request withdrawn as record material received from Tenth Circuit. February 19, 2019)
- Jan 25 2019Blanket Consent filed by Respondent, Andre Ralph Haymond.
- Jan 25 2019Brief amici curiae of FAMM and the National Association of Criminal Defense Lawyers filed. (Distributed)
- Jan 25 2019Brief amicus curiae of Due Process Institute filed. (Distributed)
- Jan 25 2019Brief amici curiae of Social Science and Law Scholars filed. (Distributed)
- Jan 18 2019Brief of respondent Andre Ralph Haymond filed. (Distributed)
- Jan 16 2019Record from the U.S.C.A. 10th Circuit is electronic and located on PACER. The record is complete.
- Jan 15 2019CIRCULATED
- Jan 11 2019Record requested from the U.S.C.A. 10th Circuit.
- Jan 07 2019Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Dec 21 2018SET FOR ARGUMENT for Tuesday, February 26, 2019.
- Dec 21 2018Brief amici curiae of States of Utah, et al. filed.
- Dec 17 2018Brief of petitioner United States filed.
- Dec 06 2018Motion to dispense with printing the joint appendix filed by petitioner United States.
- Nov 20 2018Motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 17, 2018. The time to file respondent's brief on the merits is extended to and including January 18, 2019.
- Nov 19 2018Motion for an extension of time to file the briefs on the merits filed.
- Oct 26 2018Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
- Oct 26 2018Petition GRANTED.
- Oct 22 2018DISTRIBUTED for Conference of 10/26/2018.
- Sep 26 2018Waiver of the 14-day waiting period pursuant to Rule 15.5 filed by the Solicitor General.
- Sep 26 2018DISTRIBUTED for Conference of 10/12/2018.
- Sep 26 2018Reply of petitioner United States filed. (Distributed)
- Sep 13 2018Brief of respondent Andre Ralph Haymond in opposition filed.
- Sep 13 2018Motion for leave to proceed in forma pauperis filed by respondent Andre Ralph Haymond.
- Aug 13 2018Motion to extend the time to file a response is granted and the time is further extended to and including September 14, 2018.
- Aug 07 2018Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk.
- Jun 29 2018Motion to extend the time to file a response is granted and the time is extended to and including August 15, 2018.
- Jun 28 2018Motion of Andre Ralph Haymond for an extension of time not accepted for filing (corrected version submitted). (June 29, 2018)
- Jun 28 2018Motion to extend the time to file a response from July 16, 2018 to August 15, 2018, submitted to The Clerk.
- Jun 15 2018Petition for a writ of certiorari filed. (Response due July 16, 2018)
- May 03 2018Application (17A1065) to extend further the time from May 16, 2018 to June 15, 2018, submitted to Justice Sotomayor.
- May 03 2018Application (17A1065) granted by Justice Sotomayor extending the time to file until June 15, 2018.
- Apr 04 2018Application (17A1065) granted by Justice Sotomayor extending the time to file until May 16, 2018.
- Apr 03 2018Application (17A1065) to extend the time to file a petition for a writ of certiorari from April 16, 2018 to May 16, 2018, submitted to Justice Sotomayor.