Board of Ed. of City School Dist. of New York v. Tom F., 552 U. S. 1 ___ (2007)
R001; No. 06-637; 10/10/07. Judgment affirmed by equally divided Court.
|
Allen v. Siebert, 552 U. S. 1 ___ (2007) (per curiam)
R002; No. 06-1680; 11/05/07. . Respondent is not entitled to tolling of the Antiterrorism
and Effective Death Penalty Act of 1996’s 1-year statute of limitations for filing a federal
habeas petition where his prior petition for state postconviction relief was rejected as
untimely by the Alabama courts and thus, under Pace v. DiGuglielmo, 544 U. S. 408,
414, 417, was not a "properly filed" pending state petition within the meaning of 28 U. S. C. §2244(d)(2).
|
CSX Transp., Inc. v. Georgia State Bd. of Equalizatio, 552 U. S. 1 ___ (2007)
R003; No. 06-1287; 12/4/07. The Railroad Revitalization and Regulatory Reform Act of 1976,
49 U. S. C. §11501(b)(1), allows a railroad to attempt to show that state methods for determining
the value of in-state railroad property for tax purposes result in a discriminatory determination
of true market value.
|
Logan v. United States, 552 U. S. 1 ___ (2007)
R004; No. 06-6911; 12/4/07. Title 18 U. S. C. §921(a)(20)-under which a prior conviction may be
disregarded for sentence-enhancement purposes under the Armed Career Criminal Act of 1984 if the
offender "has had civil rights restored"-does not cover the case of an offender who retained civil
rights at all times, and whose legal status, postconviction, remained in all respects unaltered by
any state dispensation.
|
Gall v. United States, 552 U. S. 1 ___ (2007)
R005; No. 06-7949; 12/10/07. While the extent of the difference between a particular sentence and
the recommended Federal Sentencing Guidelines range is relevant, courts of appeals must review all
sentences-whether inside, just outside, or significantly outside the Guidelines range-under
a deferential abuse-of-discretion standard; here, the Eighth Circuit failed to give due deference to
the District Court's reasoned and reasonable sentencing decision.
|
Watson v. United States, 552 U. S. 1 ___ (2007)
R006; No. 06-571; 12/10/07. A person does not "use" a firearm under 18 U. S. C.
§924(c)(1)(A)-which sets a mandatory minimum sentence, depending on the facts, for a defendant who,
"during and in relation to any . . . drug trafficking crime[,] . . . uses . . .
a firearm"-when he receives a gun in trade for drugs.
|
Kimbrough v. United States, 552 U. S. 1 ___ (2007)
R007; No. 06-6330; 12/10/07. The cocaine Guidelines, like all other Federal Sentencing Guidelines, are advisory
only, and the Fourth Circuit erred in holding the Guidelines' crack/powder cocaine disparity effectively
mandatory; a district judge must include the Guidelines range in the array of factors warranting consideration,
but may determine that, in the particular case, a within-Guidelines sentence is "greater than necessary"
to serve the sentencing objectives, 18 U. S. C. §3553(a), and may consider the disparity between
the Guidelines' treatment of crack and powder offenses in making that determination; in this case,
Kimbrough's sentence, which was 4.5 years below the Guidelines minimum, should survive appellate consideration.
|
Arave v. Hoffman, 552 U. S. 1 ___ (2008) (per curiam)
R008; No. 07-110; 1/7/08. Because respondent’s claim of ineffective assistance of counsel during
pretrial plea bargaining is moot, his motion to vacate the decision below is granted, and the Ninth Circuit’s
judgment is vacated to the extent that it addressed that claim.
|
Wright v. Van Patten, 552 U. S. 1 ___ (2008) (per curiam)
R009; No. 07-212; 1/7/08. Because this Court has never held that an attorney’s assistance is
presumed ineffective if he participates in a plea hearing by speaker phone rather than by physical
appearance, nor extended United States v. Cronic, 466 U. S. 648, to this novel factual context,
the Seventh Circuit erred in allowing its original opinion granting relief on this basis to stand in
light of Carey v. Musladin, 549 U. S. ___.
|
John R. Sand & Gravel Co. v. United States, 552 U. S. 1 ___ (2008)
R010; No. 06-1164; 1/8/08. The court of claims statute of limitations requires sua sponte
consideration of a lawsuit's timeliness, despite the Government's waiver of the issue.
|
Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc, 552 U. S. 1 ___ (2008)
R011; No. 06-43; 1/15/08. The private right of action this Court has found implied
in §10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule
10b–5 does not reach respondents because investors did not rely upon respondents’ statements
or representations in purchasing the stock of Charter Communications, Inc.
|
Knight v. Commissioner, 552 U. S. 1 ___ (2008)
R012; No. 06-1286; 1/16/08. Investment advisory fees paid by a trust generally are subject
to the 2% floor for itemized deductions under the Internal Revenue Code.
|
New York State Bd. of Elections v. Lopez Torres, 552 U. S. 1 ___ (2008)
R013; No. 06-766; 1/16/08. New York’s system for choosing party nominees for the State
Supreme Court does not violate the First Amendment.
|
Ali v. Federal Bureau of Prisons, 552 U. S. 1 ___ (2008)
R014; No. 06-9130; 1/22/08. The text and structure of 28 U. S. C. §2680(c)—which creates an
exception to the Federal Tort Claims Act's waiver of sovereign immunity where a claim arises from
the detention of property by "any officer of customs or excise or any other law enforcement
officer"—demonstrate that the broad phrase "any other law enforcement officer" covers all law
enforcement officers, not just those enforcing customs or excise laws.
|