Enter your email address to subscribe to updates to this case (by doing so, you are accepting the terms in our privacy policy):
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 don’t act on hot-button issues (Amy Howe, January 8, 2021)
| Date | Proceedings and Orders |
|---|---|
| Sep 28 2020 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2020) |
| Oct 28 2020 | Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk. |
| Oct 29 2020 | Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020. |
| Dec 04 2020 | Brief of respondent United States in opposition filed. (Distributed) |
| Dec 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. |
| Dec 09 2020 | Reply of petitioner Tarahrick Terry filed. (Distributed) |
| Dec 10 2020 | DISTRIBUTED for Conference of 1/8/2021. |
| Jan 08 2021 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Jan 28 2021 | Motion to dispense with printing the joint appendix filed by petitioner Tarahrick Terry. |
| Jan 28 2021 | Blanket Consent filed by Petitioner, Tarahrick Terry |
| Feb 12 2021 | Brief of petitioner Tarahrick Terry filed. |
| Feb 19 2021 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Feb 19 2021 | Brief amicus curiae of Americans for Prosperity Foundation filed. |
| Feb 19 2021 | Brief amici curiae of American Conservative Union & ACU Foundation, et al. filed. |
| Feb 19 2021 | Brief amici curiae of District of Columbia, et al. filed. |
| Feb 19 2021 | Brief amici curiae of Senators Richard J. Durbin, et al. filed. |
| Feb 19 2021 | Brief amici curiae of Retired Federal Judges, Former Federal Prosecutors, et al. filed. |
| Feb 19 2021 | Brief amici curiae of ACLU, et al. filed. |
| Feb 22 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
| Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 20, 2021. |
| Mar 15 2021 | Letter of respondent United States filed. (Distributed) |
| Mar 15 2021 | Letter of petitioner Tarahrick Terry filed. (Distributed) |
| Mar 15 2021 | Record requested. |
| Mar 15 2021 | The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer. |
| Mar 17 2021 | The record from the U.S.D.C. Southern Dist. of Florida is electronic and located on Pacer. |
| Mar 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. |
| Mar 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. |
| Mar 25 2021 | SET FOR ARGUMENT on Tuesday, May 4, 2021. |
| Mar 30 2021 | CIRCULATED |
| Mar 31 2021 | Motion for leave to file a brief out of time filed by respondent. |
| Mar 31 2021 | Motion for divided argument filed by respondent in support of reversal. |
| Apr 05 2021 | Motion of respondent for leave to file a brief out of time GRANTED. |
| Apr 05 2021 | Motion for divided argument filed by respondent GRANTED. |
| Apr 13 2021 | Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed) |
| Apr 27 2021 | Reply of petitioner Tarahrick Terry filed. (Distributed) |
| Apr 28 2021 | Reply of respondent United States filed. (Distributed) |
| May 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. |
| Jun 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. |
| Jul 16 2021 | JUDGMENT ISSUED. |
