Supreme Court Report

Supreme Court of the United States · Official docket →

United States v. Victor J. Stitt, II

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 14-6158 · judgment June 27, 2017

Decided · December 10, 2018
Pre-decision estimate: 54% cert probability (95% interval 42%–66%)

Before the decision, about 13.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a circuit split argued in the petition.

Question presented

Consolidated with 17-766. Whether burglary of a nonpermanent or mobile structure that is adapted or used for overnight accommodation can qualify as "burglary" under the Armed Career Criminal Act of 1984, 18 U.S.C. 924(e)(2)(B)(ii).

Counsel of record

For petitioner
Noel John Francisco
Jones Day

For respondent
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

Case

Conference history
Distributed for 4 conferences

Amicus briefs
2 merits
(2 respondent)

Argument & decision

Argued October 9, 2018 — Erica Ross · Jeffrey L. Fisher. Audio and transcript

Decided December 10, 2018. Opinion by Breyer.

Proceedings

  1. Jan 11 2019
    JUDGMENT ISSUED.
  2. Dec 10 2018
    Judgment REVERSED. Breyer, J., delivered the opinion for a unanimous Court.
  3. Oct 09 2018
    Argued. For petitioner: Erica Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondents: Jeffrey L. Fisher, Menlo Park, Cal. (Appointed by this Court.) VIDED.
  4. Oct 04 2018
    Letter of respondent filed. (Distributed)
  5. Sep 26 2018
    Record received from the U.S.D.C. Eastern Dist. of Tennessee is electronic and located on PACER with the exception of SEALED documents that are electronic.
  6. Sep 24 2018
    Joint motion for divided argument filed by respondents DENIED.
  7. Sep 24 2018
    Motion to appoint counsel filed by respondent Jason D. Sims GRANTED, and Jeffrey L. Fisher, of Stanford, California, is appointed to serve as counsel for respondent in No. 17-766.
  8. Sep 13 2018
    Reply of petitioner United States filed. VIDED. (Distributed)
  9. Aug 21 2018
    Brief amicus curiae of The National Association of Criminal Defense Lawyers filed. VIDED. (Distributed)
  10. Aug 21 2018
    Amicus brief of The National Association of Federal Defenders not accepted for filing. (Brief to be reprinted - August 24, 2018)
  11. Aug 21 2018
    Brief amicus curiae of National Association of Federal Defenders filed. VIDED. (Distributed)
  12. Aug 16 2018
    Joint motion for divided argument filed by respondents. VIDED.
  13. Aug 15 2018
    Blanket Consent filed by Respondent, Victor Stitt, II
  14. Aug 14 2018
    Brief of respondent Jason Daniel Sims (in 17-766) filed. (Distributed)
  15. Aug 14 2018
    Brief of respondent Victor Stitt, II filed. (Distributed)
  16. Aug 14 2018
    Blanket Consent filed by Respondent, Jason Daniel Sims
  17. Aug 07 2018
    Record requested from the U.S.C.A. 6th Circuit.
  18. Aug 07 2018
    Record received from the U.S.C.A. 6 Circuit. The record is electronic.
  19. Aug 06 2018
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED. VIDED.
  20. Aug 03 2018
    CIRCULATED
  21. Jul 09 2018
    SET FOR ARGUMENT On Tuesday, October 9, 2018. VIDED.
  22. Jun 26 2018
    Brief of petitioner United States filed. VIDED.
  23. Jun 13 2018
    DISTRIBUTED for Conference of 9/24/2018.
  24. May 31 2018
    Motion to dispense with printing the joint appendix filed by petitioner United States. VIDED.
  25. May 17 2018
    Motion to extend the time to file the opening briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to an including June 26, 2018. The time to file respondents' briefs on the merits is extended to and including August 14, 2018.
  26. May 09 2018
    Motion for an extension of time filed.
  27. May 07 2018
    Motion for appointment of counsel filed by respondent Jason Sims (in No. 17-766). (Corrected motion to be submitted 5/29/18).
  28. May 07 2018
    Motion for appointment of counsel filed by respondent Jason Daniel Sims (in No. 17-766). (Corrected motion received 6/4/18).
  29. Apr 23 2018
    Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
  30. Apr 23 2018
    Petition GRANTED. The petition for a writ of certiorari in No. 17-766 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
  31. Apr 23 2018
    Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 17-765. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 17-765. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the flings is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
  32. Apr 16 2018
    DISTRIBUTED for Conference of 4/20/2018.
  33. Mar 21 2018
    DISTRIBUTED for Conference of 4/13/2018.
  34. Feb 26 2018
    Rescheduled.
  35. Feb 23 2018
    Letter of petitioner United States filed. (Distributed)
  36. Feb 14 2018
    DISTRIBUTED for Conference of 3/2/2018.
  37. Feb 13 2018
    Reply of petitioner United States filed.
  38. Jan 25 2018
    Brief of respondent Victor Stitt, II in opposition filed.
  39. Jan 25 2018
    Motion for leave to proceed in forma pauperis filed by respondent Victor Stitt, II.
  40. Dec 19 2017
    Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2018.
  41. Dec 14 2017
    Motion to extend the time to file a response from December 26, 2017 to January 25, 2018, submitted to The Clerk.
  42. Nov 21 2017
    Petition for a writ of certiorari filed. (Response due December 26, 2017)
  43. Oct 13 2017
    Application (17A287) to extend further the time from October 25, 2017 to November 24, 2017, submitted to Justice Kagan.
  44. Oct 13 2017
    Application (17A287) granted by Justice Kagan extending the time to file until November 24, 2017.
  45. Sep 13 2017
    Application (17A287) granted by Justice Kagan extending the time to file until October 25, 2017.
  46. Sep 12 2017
    Application (17A287) to extend the time to file a petition for a writ of certiorari from September 25, 2017 to October 25, 2017, submitted to Justice Kagan.