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HOHN v. UNITED STATES

No. 96-8986.

524 U.S. 236 (1998)

118 S.Ct. 1969

141 L.Ed.2d 242

HOHN v. UNITED STATES

Supreme Court of United States.

Decided June 15, 1998.

Attorney(s) appearing for the Case

Eileen Penner argued the cause for petitioner. With her on the briefs was Alan Untereiner.

Matthew D. Roberts argued the cause for the United States. With him on the briefs were Solicitor General Waxman, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.

Jeffrey S. Sutton, by invitation of the Court, 522 U.S. 944, argued the cause and filed a brief as amicus curiae.*

Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Souter, J., filed a concurring opinion, p. 253. Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and O'Connor and Thomas, JJ., joined, p. 254.

Justice Kennedy, delivered the opinion of the Court.

We granted certiorari to determine whether the Court has jurisdiction to review decisions of the courts of appeals denying applications for certificates of appealability. The Court, we hold, does have jurisdiction.

I

In 1992, petitioner Arnold Hohn was charged with a number of drug-related offenses, including the use or carrying of a firearm during and...

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