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Hewitt v. United States

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Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-1002 5th Cir. Jan 13, 2025
 TBD TBD TBD OT 2024

Issue: Whether the First Step Act’s sentencing reduction provisions apply to a defendant originally sentenced before the act’s enactment, when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the act’s enactment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 08 2024Petition for a writ of certiorari filed. (Response due April 11, 2024)
Mar 18 2024Waiver of right of respondent United States to respond filed.
Mar 20 2024DISTRIBUTED for Conference of 4/12/2024.
Mar 28 2024Response Requested. (Due April 29, 2024)
Apr 04 2024Brief amici curiae of American Civil Liberties Union, et al. filed.
Apr 11 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Apr 23 2024Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk.
Apr 24 2024Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
May 29 2024Brief of respondent United States in opposition filed. VIDED.
May 30 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Jun 03 2024Reply of petitioner Tony R. Hewitt filed. (Distributed)
Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
Jul 02 2024Petition GRANTED. The petition for a writ of certiorari in No. 23-1150 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
Jul 02 2024Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-1002. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1002. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Jul 26 2024Michael H. McGinley, Esquire, of Washington, D. C., is invited to brief and argue these cases, as amicus curiae, in support of the judgment below. VIDED.
Jul 29 2024Motion for an extension of time file the briefs on the merits filed. VIDED.
Jul 31 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioners' briefs on the merits, and the United States' brief on the merits is extended to and including September 16, 2024. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including November 15, 2024. VIDED.
Sep 06 2024Motion to dispense with printing the joint appendix filed by petitioners. VIDED.
Sep 16 2024Brief of respondent United States in support of petitioners filed. VIDED.
Sep 16 2024Brief of petitioner Tony R. Hewitt filed. VIDED.
Sep 16 2024Brief of petitioners Corey Deyon Duffey, et al. filed. VIDED.
Sep 23 2024Brief amici curiae of Senators Richard J. Durbin, et al. filed. VIDED.
Sep 23 2024Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED.
Sep 23 2024Brief amici curiae of The District of Columbia, et al. filed. VIDED.
Oct 07 2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.
Oct 31 2024SET FOR ARGUMENT on Monday, January 13, 2025. VIDED.
Nov 04 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
Nov 04 2024Motion for divided argument filed by the Solicitor General. VIDED.
Nov 12 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Nov 15 2024Brief of Court-appointed amicus curiae in support of the judgment below filed. VIDED.
Dec 03 2024CIRCULATED
Dec 09 2024Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
Dec 16 2024Reply of petitioner Tony R. Hewitt filed. VIDED. (Distributed)
Dec 16 2024Reply of petitioners Corey Deyon Duffey and Jarvis Dupree Ross filed. VIDED. (Distributed)
Dec 16 2024Reply of respondent United States filed. VIDED. (Distributed)