Hewitt v. United States

Consolidated with:

Duffey v. United States

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

Justices schedule major First Amendment case for January (Amy Howe, October 31, 2024)
Justices appoint former clerk to argue First Step Act cases (Amy Howe, July 26, 2024)
Justices add five cases out of clean-up conference (Amy Howe, July 2, 2024)
Fourteen new relists for the end-of-term mop-up conference (John Elwood, July 1, 2024)

Date	Proceedings and Orders (key to color coding)
03/08/2024	Petition for a writ of certiorari filed. (Response due April 11, 2024)
03/18/2024	Waiver of right of respondent United States to respond filed.
03/20/2024	DISTRIBUTED for Conference of 4/12/2024.
03/28/2024	Response Requested. (Due April 29, 2024)
04/04/2024	Brief amici curiae of American Civil Liberties Union, et al. filed.
04/11/2024	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
04/23/2024	Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk.
04/24/2024	Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
05/29/2024	Brief of respondent United States in opposition filed. VIDED.
05/30/2024	Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
06/03/2024	Reply of petitioner Tony R. Hewitt filed. (Distributed)
06/04/2024	DISTRIBUTED for Conference of 6/20/2024.
06/28/2024	DISTRIBUTED for Conference of 7/1/2024.
07/02/2024	Petition 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.
07/02/2024	Because 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.”
07/26/2024	Michael 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.
07/29/2024	Motion for an extension of time file the briefs on the merits filed. VIDED.
07/31/2024	Motion 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.
09/06/2024	Motion to dispense with printing the joint appendix filed by petitioners. VIDED.
09/16/2024	Brief of respondent United States in support of petitioners filed. VIDED.
09/16/2024	Brief of petitioner Tony R. Hewitt filed. VIDED.
09/16/2024	Brief of petitioners Corey Deyon Duffey, et al. filed. VIDED.
09/23/2024	Brief amici curiae of Senators Richard J. Durbin, et al. filed. VIDED.
09/23/2024	Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED.
09/23/2024	Brief amici curiae of The District of Columbia, et al. filed. VIDED.
10/07/2024	Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.
10/31/2024	SET FOR ARGUMENT on Monday, January 13, 2025. VIDED.
11/04/2024	Record requested from the United States Court of Appeals for the Fifth Circuit.
11/04/2024	Motion for divided argument filed by the Solicitor General. VIDED.
11/12/2024	Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
11/15/2024	Brief of Court-appointed amicus curiae in support of the judgment below filed. VIDED.
12/03/2024	CIRCULATED
12/09/2024	Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
12/16/2024	Reply of petitioner Tony R. Hewitt filed. VIDED. (Distributed)
12/16/2024	Reply of petitioners Corey Deyon Duffey and Jarvis Dupree Ross filed. VIDED. (Distributed)
12/16/2024	Reply of respondent United States filed. VIDED. (Distributed)
01/13/2025	Argued. For petitioners: Michael B. Kimberly, Washington, D. C. For respondent in support of petitioners: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Michael H. McGinley, Washington, D. C. VIDED.