No. 20-5904
Tarahrick Terry v. United States
Tags: 2010 crack offenders sentenced under 21 U.S.C. § circuit-split crack-cocaine fair-sentencing-act federal-criminal-statute first-step-act sentencing sentencing-modification statutory-interpretation statutory-penalties
Latest Conference:
2021-01-08
Question Presented (from Petition)
Whether pre-August 3, 2010 crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a "covered offense" under Section 404 of the First Step Act.
Question Presented (AI Summary)
Whether pre-August 3, 2010 crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a 'covered offense' under Section 404 of the First Step Act
Docket Entries
2021-07-16
JUDGMENT ISSUED.
2021-06-14
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.
2021-05-04
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.
2021-04-28
Reply of respondent United States filed. (Distributed)
2021-04-27
Reply of petitioner Tarahrick Terry filed. (Distributed)
2021-04-13
Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
2021-04-05
Motion for divided argument filed by respondent GRANTED.
2021-04-05
Motion of respondent for leave to file a brief out of time GRANTED.
2021-03-31
Motion for leave to file a brief out of time filed by respondent.
2021-03-31
Motion for divided argument filed by respondent in support of reversal.
2021-03-30
CIRCULATED
2021-03-25
SET FOR ARGUMENT on Tuesday, May 4, 2021.
2021-03-25
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.
2021-03-19
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.
2021-03-17
The record from the U.S.D.C. Southern Dist. of Florida is electronic and located on Pacer.
2021-03-15
The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
2021-03-15
Record requested.
2021-03-15
Letter of petitioner Tarahrick Terry filed. (Distributed)
2021-03-15
Letter of respondent United States filed. (Distributed)
2021-03-12
SET FOR ARGUMENT on Tuesday, April 20, 2021.
2021-02-22
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
2021-02-19
Brief amici curiae of ACLU, et al. filed.
2021-02-19
Brief amici curiae of Retired Federal Judges, Former Federal Prosecutors, et al. filed.
2021-02-19
Brief amici curiae of Senators Richard J. Durbin, et al. filed.
2021-02-19
Brief amici curiae of District of Columbia, et al. filed.
2021-02-19
Brief amici curiae of American Conservative Union & ACU Foundation, et al. filed.
2021-02-19
Brief amicus curiae of Americans for Prosperity Foundation filed.
2021-02-19
Brief amicus curiae of Constitutional Accountability Center filed.
2021-02-12
Brief of petitioner Tarahrick Terry filed.
2021-01-28
Blanket Consent filed by Petitioner, Tarahrick Terry
2021-01-28
Motion to dispense with printing the joint appendix filed by petitioner Tarahrick Terry.
2021-01-08
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
2020-12-10
DISTRIBUTED for Conference of 1/8/2021.
2020-12-09
Reply of petitioner Tarahrick Terry filed. (Distributed)
2020-12-07
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
2020-12-04
Brief of respondent United States in opposition filed. (Distributed)
2020-10-29
Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020.
2020-10-28
Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk.
2020-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2020)
Attorneys
American Civil Liberties Union, The ACLU of Florida, the NAACP Legal Defense and Educational Fund, Inc., and the R Street Institute
American Conservative Union & ACU Foundation, Cato Institute, Lincoln Network, Rutherford Institute
Joshua Christopher Toll — King & Spalding LLP, Amicus
Americans for Prosperity Foundation
Constitutional Accountability Center
Court-appointed amicus curiae in support of the judgment below
Adam K. Mortara — Amicus
District of Columbia, on behalf of itself and 18 states
Retired Federal Judges, Former Federal Prosecutors, and the National Association of Criminal Defense Lawyers
Gerard Justin Cedrone — Goodwin Procter, LLP, Amicus
Senators Richard J. Durbin, Charles E. Grassley, Cory A. Booker, and Mike Lee
Zachary Charles Schauf — Jenner & Block, LLP, Amicus
Tarahrick Terry
Andrew Lee Adler — Federal Public Defender's Office, Petitioner
United States
Elizabeth B. Prelogar — Acting Solicitor General, Respondent