Skip to content

Hughes v. United States

Docket No. Argument Opinion Vote Author Term
17-155 Mar 27, 2018 Jun 4, 2018 6-3 Kennedy OT 2017

Holding: A Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement is "based on" the defendant"s Federal Sentencing Guidelines range so long as that range was part of the framework the district court relied on in imposing the sentence or accepting the agreement; thus, Erik Hughes may seek a sentencing reduction under 18 U. S. C. "3582(c)(2).

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Kennedy on June 4, 2018. Justice Sotomayor filed a concurring opinion. Chief Justice Roberts filed a dissenting opinion, in which Justices Thomas and Alito joined.

DateProceedings and Orders (key to color coding)
05/19/2017Application (16A1134) to extend the time to file a petition for a writ of certiorari from May 28, 2017 to July 27, 2017, submitted to Justice Thomas.
05/22/2017Application (16A1134) granted by Justice Thomas extending the time to file until July 27, 2017.
07/27/2017Petition for a writ of certiorari filed. (Response due August 31, 2017)
08/24/2017Order extending time to file response to petition to and including October 2, 2017.
09/22/2017Order further extending time to file response to petition to and including November 1, 2017.
11/01/2017Brief of respondent United States in opposition filed.
11/17/2017Reply of petitioner Erik Hughes filed.
11/20/2017DISTRIBUTED for Conference of 12/8/2017.
12/08/2017Petition GRANTED.
01/11/2018Motion to dispense with printing the joint appendix filed by petitioner Erik Hughes.
01/22/2018Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
01/22/2018Brief of petitioner Erik Hughes filed.
01/24/2018SET FOR ARGUMENT ON Tuesday, March 27, 2018
01/25/2018Brief amici curiae of Chantell and Michael Sackett, and Duarte Nursery, Inc. filed.
01/26/2018Brief amicus curiae of Richard M. Re in support of neither party filed.
01/26/2018Motion for leave to file amici brief filed by Law Professors in support of neither party filed.
01/29/2018Brief amici curiae of Agricultural Building, Forestry, Livestock, Manufacturing, Mining, and Petroleum Business Interests filed.
01/29/2018Brief amici curiae of National Association of Criminal Defense Lawyers and the National Association of Federal Defenders filed.
01/29/2018Brief amicus curiae of Professor Douglas A. Berman filed.
02/07/2018CIRCULATED
02/20/2018Motion for leave to file amici brief filed by Law Professors in support of neither party GRANTED.
02/21/2018Record requested from the U.S.C.A. 11th Circuit.
02/21/2018Brief of respondent United States filed. (Distributed)
03/02/2018Record received from the U.S.D.C. Northern Dist. of Georgia. (1 Envelope, part of the record is Sealed)
03/13/2018Reply of petitioner Erik Hughes filed. (Distributed)
03/27/2018Argued. For petitioner: Eric Shumsky, Washington, D. C. For respondent: Rachel P. Kovner, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/04/2018Judgment REVERSED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Ginsburg, Breyer, Sotomayor, Kagan, and Gorsuch, JJ., joined. Sotomayor, J., filed a concurring opinion. Roberts, C. J., filed a dissenting opinion, in which Thomas and Alito, JJ., joined.
07/06/2018JUDGMENT ISSUED.
08/29/2018The record from the U.S.D.C. Northern Dist. of Georgia has been returned.