Greenlaw v. United States

Holding: Absent a government appeal or cross-appeal, the U.S. Court of Appeals for the 8th Circuit could not, on its own initiative, order an increase in Michael Greenlaw's sentence.

Judgment: Vacated and remanded, 6-3, in an opinion by Justice Ruth Bader Ginsburg on June 23, 2008. Justice Breyer filed an opinion concurring in the judgment. Justice Alito filed a dissenting opinion, in which Justice Stevens joined, and in which Justice Breyer joined as to Parts I, II, and III.

Briefs and Documents

Merits briefs

• Brief for Petitioner Michael J. Greenlaw
• Brief for Respondent United States of America
• Brief of Court-Appointed Amicus Curiae to Defend the Judgement Below in Case No. 07-330
• Reply Brief for Petitioner Michael J. Greenlaw
• Reply Brief for Respondent United States of America

Amicus briefs

• Brief for the National Association of Criminal Defense Lawyers in Support of Petitioner

Certiorari filings

• Opinion below (8th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner’s reply