The Supreme Court issued orders from yesterday’s “long conference” this morning, which included grants of certiorari in two criminal cases decided by the Sixth Circuit. Here is today’s Order List.
One of the Sixth Circuit cases, United States v. Tinklenberg, presents the question whether the time between the filing of a pretrial motion and its disposition is automatically excluded from the time for commencing a criminal trial under the Speedy Trial Act. The other case, Freeman v. United States, deals with the availability of a reduction in sentence based on changes to the United States Sentencing Guidelines when the sentence has been imposed pursuant to a plea agreement under Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure.
Justice Kagan recused herself in Tinklenberg, presumably because of the involvement of the Solicitor General’s Office, but she did not recuse in Freeman.
Speaking of Justice Kagan, she was assigned today as Circuit Justice for the Sixth Circuit. Justice Kagan replaces Justice Thomas, who filled in briefly following Justice Stevens’ retirement.