Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

DePierre v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
09-1533 1st Cir. Feb 28, 2011
Tr.Aud.
Jun 9, 2011 9-0 Sotomayor OT 2010

Holding: For purposes of a statute establishing mandatory minimum sentences for certain offenses involving cocaine base, the term cocaine base includes all cocaine in its chemically basic form, not just crack cocaine.

Plain English Holding: A federal sentencing statute requiring high mandatory minimum sentences for certain offenses involving cocaine base applies to all kinds of cocaine, not just crack cocaine.

Judgment: Affirmed, 9-0, in an opinion by Justice Sonia Sotomayor on June 9, 2011. Justice Scalia did not join Part III-A of the opinion; he also filed a separate opinion concurring in part and concurring in the judgment.

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