Terry v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-5904 | 11th Cir. | May 4, 2021 | Jun 14, 2021 | 9-0 | Thomas | OT 2020 |
Holding: A sentence reduction under the First Step Act is available only if an offender"s prior conviction of a crack cocaine offense triggered a mandatory minimum sentence.
Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on June 14, 2021. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment.
SCOTUSblog Coverage
- Unanimous ruling on crack-cocaine disparity is heavy on text, light on history (Ekow Yankah, June 16, 2021)
- Justices reject sentencing reductions for some crack-cocaine offenders (James Romoser, June 14, 2021)
- Justices voice skepticism about retroactive sentencing reductions for low-level crack-cocaine offenders (Ekow Yankah, May 7, 2021)
- In final case the court will hear this term, profound issues of race, incarceration and the war on drugs (Ekow Yankah, May 3, 2021)
- Court sets May argument on sentencing reductions for crack-cocaine offenses (Amy Howe, March 25, 2021)
- Justices grant review in 14 new cases but dont act on hot-button issues (Amy Howe, January 9, 2021)
| Date | Proceedings and Orders |
|---|---|
| 09/28/2020 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2020) |
| 10/28/2020 | Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk. |
| 10/29/2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020. |
| 12/04/2020 | Brief of respondent United States in opposition filed. (Distributed) |
| 12/07/2020 | Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed. |
| 12/09/2020 | Reply of petitioner Tarahrick Terry filed. (Distributed) |
| 12/10/2020 | DISTRIBUTED for Conference of 1/8/2021. |
| 01/08/2021 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| 01/28/2021 | Motion to dispense with printing the joint appendix filed by petitioner Tarahrick Terry. |
| 01/28/2021 | Blanket Consent filed by Petitioner, Tarahrick Terry |
| 02/12/2021 | Brief of petitioner Tarahrick Terry filed. |
| 02/19/2021 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 02/19/2021 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| 02/19/2021 | Brief amici curiae of American Conservative Union & ACU Foundation, et al. filed. |
| 02/19/2021 | Brief amici curiae of District of Columbia, et al. filed. |
| 02/19/2021 | Brief amici curiae of Senators Richard J. Durbin, et al. filed. |
| 02/19/2021 | Brief amici curiae of Retired Federal Judges, Former Federal Prosecutors, et al. filed. |
| 02/19/2021 | Brief amici curiae of ACLU, et al. filed. |
| 02/22/2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| 03/12/2021 | SET FOR ARGUMENT on Tuesday, April 20, 2021. |
| 03/15/2021 | Letter of respondent United States filed. (Distributed) |
| 03/15/2021 | Letter of petitioner Tarahrick Terry filed. (Distributed) |
| 03/15/2021 | Record requested. |
| 03/15/2021 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer. |
| 03/17/2021 | The record from the U.S.D.C. Southern Dist. of Florida is electronic and located on Pacer. |
| 03/19/2021 | The case is removed from the calendar for the March 2021 argument session. Adam K. Mortara, Esquire, of Chicago, Illinois, is invited to brief and argue, as amicus curiae, in support of the judgment below. The case will be rescheduled for argument this Term. |
| 03/25/2021 | The brief of the Court-appointed amicus curiae in support of the judgment below, and any other briefs of amicus curiae in support, are to be filed on or before Tuesday, April 13, 2021. Any reply brief is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, April 28, 2021. The case is set for oral argument on Tuesday, May 4, 2021. |
| 03/25/2021 | SET FOR ARGUMENT on Tuesday, May 4, 2021. |
| 03/30/2021 | CIRCULATED |
| 03/31/2021 | Motion for leave to file a brief out of time filed by respondent. |
| 03/31/2021 | Motion for divided argument filed by respondent in support of reversal. |
| 04/05/2021 | Motion of respondent for leave to file a brief out of time GRANTED. |
| 04/05/2021 | Motion for divided argument filed by respondent GRANTED. |
| 04/13/2021 | Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed) |
| 04/27/2021 | Reply of petitioner Tarahrick Terry filed. (Distributed) |
| 04/28/2021 | Reply of respondent United States filed. (Distributed) |
| 05/04/2021 | Argued. For petitioner: Andrew L. Adler, Ft. Lauderdale, Fla. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Adam K. Mortara, Chicago, Ill. |
| 06/14/2021 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment. |
| 07/16/2021 | JUDGMENT ISSUED. |