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Duffey v. United States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-1150 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.

DateProceedings and Orders (key to color coding)
Apr 19 2024Petition for a writ of certiorari filed. (Response due May 23, 2024)
May 14 2024Motion to extend the time to file a response from May 23, 2024 to May 29, 2024, submitted to The Clerk.
May 15 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 04 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 04 2024Reply of petitioners Corey Duffey, et al. filed. (Distributed)
Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
Jul 02 2024Petition GRANTED. The petition for a writ of certiorari in No. 23-1002 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.
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 12 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Dec 03 2024CIRCULATED
Dec 16 2024Reply of United States submitted.