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United States v. Riley Briones, Jr.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-10150 · judgment July 9, 2019


GVR'd · May 3, 2021
Pre-decision estimate: 12% cert probability (95% interval 8%–17%)

Before the decision, about 2.9× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a Ninth Circuit decision below, and counsel who has filed here before.

Question presented

Whether Miller v. Alabama, which “h[e]ld that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders,” 567 U.S. 460, 479 (2012), entitles respondent to invalidation of a discretionary life-withoutparole sentence. (I)

Counsel of record

For petitioner
Brian H. Fletcher
Acting Solicitor General

For respondent
Melanie Lynn Bostwick
Orrick, Herrington & Sutcliffe LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
19A343

Proceedings

  1. Jun 04 2021
    JUDGMENT ISSUED.
  2. May 06 2021
    Letter from Clerk of Court to counsel of record.
  3. May 03 2021
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Jones v. Mississippi, 593 U. S. ___ (2021).
  4. Apr 26 2021
    DISTRIBUTED for Conference of 4/30/2021.
  5. Apr 22 2020
    DISTRIBUTED for Conference of 5/15/2020.
  6. Apr 22 2020
    Reply of petitioner United States filed. (Distributed)
  7. Apr 06 2020
    Brief of respondent Riley Briones, Jr. in opposition filed.
  8. Mar 10 2020
    Letter of March 10, 2020 from the Solicitor General filed.
  9. Feb 27 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including April 6, 2020.
  10. Feb 26 2020
    Motion to extend the time to file a response from March 6, 2020 to April 6, 2020, submitted to The Clerk.
  11. Jan 23 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including March 6, 2020.
  12. Jan 22 2020
    Motion to extend the time to file a response from February 5, 2020 to March 6, 2020, submitted to The Clerk.
  13. Dec 27 2019
    Motion to extend the time to file a response is granted and the time is extended to and including February 5, 2020.
  14. Dec 26 2019
    Motion to extend the time to file a response from January 6, 2020 to February 5, 2020, submitted to The Clerk.
  15. Dec 06 2019
    Petition for a writ of certiorari filed. (Response due January 6, 2020)
  16. Oct 25 2019
    Application (19A343) granted by Justice Gorsuch extending the time to file until December 6, 2019.
  17. Oct 24 2019
    Application (19A343) to extend further the time from November 6, 2019 to December 6, 2019, submitted to Justice Gorsuch.
  18. Sep 26 2019
    Application (19A343) granted by Justice Gorsuch extending the time to file until November 6, 2019.
  19. Sep 25 2019
    Application (19A343) to extend the time to file a petition for a writ of certiorari from October 7, 2019 to November 6, 2019, submitted to Justice Gorsuch. (Justice Kagan is recused.)