The 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).
04-1004 COLL, GUSTAVO E. 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).
04-6302 SMITH, CARLTON V. 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).
04-7175 SENN, GARY 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 Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7290 JIMENEZ-CID, PRISCILIANO 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).
04-7798 FRANCIS, ANTHONY 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).
04-7804 VANG, JOHN V. MINNESOTAThe 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 Court of Appeals of Minnesota for further consideration in light of Smith v. Massachusetts, 543 U.S. ____ (2005).
04-7844 SMITH, BRYAN W. 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).
04-7888 LEWIS, DANIEL C. 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).
04-7903 DEASON, QUINTON W. 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).
04-7907 MOHR, CHRISTOPHER 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 Eighth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7917 ARMSTEAD, ROBERT 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).
04-7921 MANDILE, RICHARD 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 Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7942 BURNETTE, CHERYL 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).
04-7957 WALKER, LAVAN 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 Eleventh Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7985 GUTIERREZ, GERARDO J. 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).
04-7986 GORE, JOHNNY 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 Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-7991 GUZMAN-REYES, JOSE 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 Fifth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8041 EVANS, RONALD 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).
04-8065 EDWARDS, ROBERT 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).
04-8071 MENDOZA-MESA, RAMON 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).
04-8073 JOHNSON, WILLIAM 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 Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8074 MARSHEK, TYSON 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).
04-8075 LOWE, SIMON 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).
04-8114 RODRIGUEZ, PABLO 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).
04-8162 ROSS, MARVIN 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).
04-8173 HARRIS, JAMES 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 Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8187 SOLLEDER, JOHN J. 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).
04-8189 HUDSON, DAVIDE 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).
04-8207 HOLT, CARROLL 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 Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8217 SANCHEZ-CARRASCO, JORGE 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).
04-8238 JACKSON, PAUL 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 Fourth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8255 JUAREGUI-VILLAREAL, DAVID 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).
04-8262 BOWKER, ERIK 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 Sixth Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8275 CIVIL, MANUELA D. 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).
04-8318 PAGHENSE, 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 Second Circuit for further consideration in light of United States v. Booker, 543 U.S. ____ (2005).
04-8328 HACKWORTH, LAWAYLON V. UNITED STATESThe motions of petitioners for leave to proceed in forma pauperis and the petitions for writs of certiorari are granted. The judgment 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).
04-8356 GRAY, MAUREEN 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).
04-8380 RAMOS-BIRRUETA, TRINIDAD 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).
04-8389 SAUNDERS, TERRELL 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). ORDERS IN PENDING CASES
04M50 JOHNSON, WILLIAM S. V. CAIN, WARDENThe motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner is denied.
04M51 BRENNAN, JOHN V. MERCEDES BENZ USA, ET AL.The motions to direct the Clerk to file petitions for writs of certiorari out-of-time are denied.
04M56 HAMRICK, DON V. BUSH, PRESIDENT OF U.S., ET AL.The motion for leave to proceed as a seaman is denied.
03-9877 CUTTER, JON B., ET AL. V. WILKINSON, DIR., OH DOC, ET AL.The motion of the Acting Solicitor General for divided argument is granted.
04-277 NAT'L CABLE & TELECOMM. ASSN. V. BRAND X INTERNET SERVICES withargument is granted.
04-278 CASTLE ROCK, CO V. GONZALES, JESSICAThe motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.
04-607 LABORATORY CORP. OF AMERICA V. METABOLITE LABORATORIES, ET AL.The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States limited to the following question: Respondent’s patent claims a method for detecting a form of vitamin B deficiency, which focuses upon a correlation in the human body between elevated levels of certain amino acids and deficient levels of vitamin B. The method consists of the following: First, measure the level of the relevant amino acids using any device, whether the device is, or is not, patented; second, notice whether the amino acid level is elevated and, if so, conclude that a vitamin B deficiency exists. Is the patent invalid because one cannot patent “laws of nature, natural phenomena, and abstract ideas”? Diamond v. Diehr, 450 U.S. 175, 185 (1981).
04-7036 VENTIMIGLIA, VINCENT M. V. ST. LOUIS COUNTY, MO, ET AL.The motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis is denied.
04-7799 JALIL, RICARDO V. AVDEL CORPORATION, ET AL.The motions of petitioners for leave to proceed in forma pauperis are denied. Petitioners are allowed until March 21, 2005, within which to pay the docketing fees required by Rule 38(a) and to submit petitions in compliance with Rule 33.1 of the Rules of this Court. CERTIORARI GRANTED
04-473 GARCETTI, GIL, ET AL. V. CEBALLOS, RICHARDThe motion of California State Association of Counties for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is granted.
04-597 UNITHERM FOOD SYS., INC. V. SWIFT-ECKRICH, INC., ET AL.The petition for a writ of certiorari is granted limited to the following question: Whether, and to what extent, a court of appeals may review the sufficiency of evidence supporting a civil jury verdict where the party requesting review made a motion for judgment as a matter of law under Rule 50(a) of the Federal Rules of Civil Procedure before submission of the case to the jury, but neither renewed that motion under Rule 50(b) after the jury's verdict, nor moved for a new trial under Rule 59?
04-631 RICHARDS, STEPHEN S. V. PRAIRIE BAND POTAWATOMI NATIONThe petitions for writs of certiorari are granted. CERTIORARI DENIED
04-450 TSOLAINOS, PANOS T. V. LOUISIANAThe petitions for writs of certiorari are denied.
04-704 TRAWINSKI, BENON J. V. UNITED TECHNOLOGIES CARRIERThe petition for a writ of certiorari is denied. Justice Breyer took no part in the consideration or decision of this petition.
04-7869 ARANDA, ROQUE T. V. STEWART, VIRGINIA, ET AL.The motions of petitioners for leave to proceed in forma pauperis are denied, and the petitions for writs of certiorari are dismissed. See Rule 39.8. HABEAS CORPUS DENIED
04-8566 IN RE THOMAS F. BOWLINGThe petition for a writ of habeas corpus is denied. REHEARINGS DENIED
03-10875 MENDOZA, ROSARIO V. BARNHART, COMM'R, SOCIAL SEC.The petitions for rehearing are denied.
03-10956 ECKARDT, ALBERT C. V. CROSBY, SEC., FL DOCThe motion for leave to file a petition for rehearing is denied. RECESS ORDER The Court will take a recess from Monday, March 7, 2005, until Monday, March 21, 2005.