Supreme Court of the United States · Official docket →

United States v. Jason Daniel Sims

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 16-1233 · judgment April 27, 2017

Decided · December 10, 2018

Pre-decision estimate: 41% cert probability (95% interval 28%–55%)

Before the decision, about 9.9× 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 17-765. 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
Chris Tarver
Federal Defender Office

Case

Conference history
Distributed for 2 conferences

Argument & decision

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

Decided December 10, 2018. Opinion by Breyer.

Proceedings

Jan 11 2019
JUDGMENT ISSUED.
Dec 10 2018
Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.
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.
Sep 26 2018
Record received from the U.S.D.C. Eastern Dist. of Arkansas is electronic and located on PACER with the exception of SEALED documents that are electronic.
Aug 14 2018
Record received from the U.S.C.A. 8th Circuit. 1 Envelope.
Aug 07 2018
Record requested from the U.S.C.A. 8th Circuit.
Aug 03 2018
CIRCULATED
Jul 09 2018
SET FOR ARGUMENT On Tuesday, October 9, 2018. VIDED.
Apr 23 2018
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Apr 23 2018
Petition GRANTED. The petition for a writ of certiorari in No. 17-765 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
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.”
Apr 16 2018
DISTRIBUTED for Conference of 4/20/2018.
Mar 21 2018
DISTRIBUTED for Conference of 4/13/2018.
Mar 07 2018
Reply of petitioner United States filed.
Feb 23 2018
Brief of respondent Jason Sims in opposition filed.
Feb 23 2018
Motion for leave to proceed in forma pauperis filed by respondent Jason Sims.
Jan 25 2018
Motion to extend the time to file a response is granted and the time is further extended to and including February 26, 2018.
Jan 19 2018
Motion to extend the time to file a response from January 25, 2018 to February 26, 2018, submitted to The Clerk.
Dec 22 2017
Motion to extend the time to file a response is granted and the time is extended to and including January 25, 2018.
Dec 18 2017
Motion to extend the time to file a response from December 26, 2017 to January 25, 2018, submitted to The Clerk.
Nov 21 2017
Petition for a writ of certiorari filed. (Response due December 26, 2017)
Oct 20 2017
Application (17A447) to extend the time to file a petition for a writ of certiorari from November 1, 2017 to December 1, 2017, submitted to Justice Gorsuch.
Oct 20 2017
Application (17A447) granted by Justice Gorsuch extending the time to file until December 1, 2017.