(ORDER LIST: 544 U.S.)
MONDAY, APRIL 18, 2005
CERTIORARI -- SUMMARY DISPOSITIONS
03-9629 RIVERS, DERRICK V. UNITED STATES04-1164 SALADINO, JOSEPH W. V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments are vacated and the cases are remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Johnson v. United States, 544 U.S. _____ (2005).
04-1188 WREN, JERRY W. V. UNITED STATESThe petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-7335 GRIFFIN, WARRICK A. V. UNITED STATESThe petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8692 PRITCHETT, MALCOLM V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Johnson v. United States, 544 U.S. _____ (2005).
04-8898 ALCANTARA, MIGUEL A. V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments are vacated and the cases are remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8903 RICHARDSON, JACQUELINE O. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8916 STEVENS, JASON E. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8923 RAMOS-RUIZ, JOSE R. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8927 GOMEZ-TRUJILLO, OSCAR V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8937 PACHECO, PEDRO V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8945 SANCHEZ-CRUZ, ANDRES V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the First Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8960 CAULK, LANCE M. V. UNITED STATESThe motion of petitioner for leave to proceed in forma 3 pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8967 SAMORA-SANCHEZ, ISAURO V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8972 GAUDELLI, EDMOND N. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8976 WEST, DARIN H. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8986 BYRD, KEITH E. V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgments are vacated and the cases are remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-8998 MORALES, HECTOR F. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9011 WATSON, ARTERIA L. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the First Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9013 VARELA-MEDINA, GEORGE A. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9029 PATTERSON, RANDY V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9035 NIEVES-BOGADO, NOEL O. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9037 CLARK, PATRICK E. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9060 RISBY, WILLIAM M. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9063 HUERTA-VARGAS, MANUEL V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9082 CONSTANT, IVAN V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9095 ROBINSON, OWEN, ET AL. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9113 HERRERA, HARLES P. V. UNITED STATESThe motion of petitioners for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9114 FIELDS, DONALD L. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9117 WEST, DARRELL V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9122 CLOUTIER, NICOLE V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9132 CRAIG, RICHARD L. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the First Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9133 CRUZ-AYON, ROBERTO V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
04-9142 JONES, TERRENCE T. V. UNITED STATESThe motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of United States v. Booker, 543 U.S. _____ (2005).
ORDERS IN PENDING CASES
04A695 TORRES, JERRY A. V. MOON, DAVID B., ET AL. (04-8680)04M48 CLARK, CHERYL A. V. McLEOD, ELSEY M.The application for stay addressed to Justice Breyer and referred to the Court is denied.
04M62 DOWNS, WILLIAM E. V. SOUTH CAROLINAThe renewed motion for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record is granted.
04M63 JANNEH, DOUDOU B. V. MANPOWER INC. OF NY, ET AL.The motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner is denied.
04-1049 CARPENTERS HEALTH AND WELFARE V. VONDERHARR, TIMOTHY, ET AL.The motions to direct the Clerk to file petitions for writs of certiorari out-of-time are denied.
04-8614 STEPHANATOS, BASIL N. V. NEW JERSEY, ET AL.The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until May 9, 2005, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
CERTIORARI GRANTED
04-373 MARYLAND V. BLAKE, LEEANDER J.The petitions for writs of certiorari are granted.
CERTIORARI DENIED
04-530 NAGY, PAUL V. FMC BUTNER04-674 AM. HOME PROD., ET AL. V. COLLINS, BRYAN D., ET AL.The petitions for writs of certiorari are denied.
04-679 LOCKYER, ATT'Y GEN. OF CA V. KENNEDY, ROBERT E.The motion of Washington Legal Foundation for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this motion and this petition.
04-775 BLAINE COUNTY, MT, ET AL. V. UNITED STATESThe motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
04-808 OZMINT, DIR., SC DOC V. HALL, LARRY E.The motion of petitioners to strike brief of private respondents, Joseph F. McConnell, et al. is granted. The petition for a writ of certiorari is denied.
04-831 IL CENTRAL RAILROAD CO., ET AL. V. SMALLWOOD, KELLIThe motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
04-847 CALIFORNIA V. HANKS, MICHAEL A.The motion of Chamber of Commerce of the United States, et al. for leave to file a brief as amici curiae is granted. The motion of Association of American Railroads for leave to file a brief as amicus curiae is granted. The motion of American Security Insurance Company for leave to file a brief as amicus curiae is granted. The motion of Bryan D. Collins, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.
04-913 ILLINOIS V. GILBERT, STEVE A.The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
04-1058 MIKULSKI, JEROME R., ET AL. V. CENTERIOR ENERGY CORP., ET AL.The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
04-8525 REED, KENNETH W. V. ARIZONAThe petition for a writ of certiorari before judgment is denied.
04-8719 CHUNG, KATHLEEN V. BANK OF AMERICAThe motion of petitioner for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U.S. 1 (1992) (per curiam). Justice Stevens dissents. See id., at 4, and cases cited therein.
The petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this petition.
HABEAS CORPUS DENIED
04-9394 IN RE LUTHER B. DAVENPORTThe petition for a writ of habeas corpus is denied.
MANDAMUS DENIED
04-1079 IN RE GARY R. WALL04-8623 IN RE EARNEST A. DARDENThe petitions for writs of mandamus are denied.
The petition for a writ of mandamus and/or prohibition is denied.
REHEARINGS DENIED
04-517 CHRISTOPHER VILLAGE, L.P. V. UNITED STATES96-6839 ALMENDAREZ-TORRES, HUGO R. V. UNITED STATESThe petitions for rehearing are denied.
The motions for leave to file petitions for rehearing are denied.
RECESS ORDER
The Court will take a recess from Monday, May 2, 2005, until Monday, May 16, 2005.