No. 23-1002
Tony R. Hewitt v. United States
Tags: circuit-split criminal-law first-step-act judicial-vacatur mandatory-minimum post-enactment-sentencing retroactivity sentencing sentencing-reduction statutory-interpretation
Key Terms:
HabeasCorpus JusticiabilityDoctri
HabeasCorpus JusticiabilityDoctri
Latest Conference:
2024-07-01
(distributed 3 times)
Related Cases:
23-1150
(Vide)
Question Presented (from Petition)
Whether the First Step Act's sentencing reduction provisions apply to a defendant originally sentenced before the FSA's enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the FSA's enactment.
Question Presented (AI Summary)
Whether the First Step Act's sentencing reduction provisions apply to a defendant originally sentenced before the FSA's enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the FSA's enactment
Docket Entries
2025-07-28
Judgment Issued.
2024-12-16
Reply of United States submitted.
2024-12-16
Reply of Tony R. Hewitt submitted.
2024-12-16
Reply of Corey Deyon Duffey and Jarvis Dupree Ross submitted.
2024-12-03
CIRCULATED
2024-11-12
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
2024-11-04
Motion of United States for divided argument submitted.
2024-11-04
Record requested from the United States Court of Appeals for the Fifth Circuit.
2024-09-06
Motion of Tony R. Hewitt to dispense with joint appendix submitted.
2024-07-29
Motion of Tony R. Hewitt for an extension of time submitted.
2024-07-02
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.
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-06-03
Reply of petitioner Tony R. Hewitt filed. (Distributed)
2024-05-30
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2024-04-24
Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
2024-04-23
Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk.
2024-04-11
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2024-04-04
Brief amici curiae of American Civil Liberties Union, et al. filed.
2024-03-28
Response Requested. (Due April 29, 2024)
2024-03-20
DISTRIBUTED for Conference of 4/12/2024.
2024-03-18
Waiver of right of respondent United States to respond filed.
2024-03-08
Petition for a writ of certiorari filed. (Response due April 11, 2024)
Attorneys
American Civil Liberties Union, et al.
Corey Deyon Duffey and Jarvis Dupree Ross
Jo-Ann Tamila Sagar — Hogan Lovells US LLP, Petitioner
Court-appointed amicus curiae in support of the judgment below
Michael Hugh McGinley — Dechert LLP, Amicus
Michael Hugh McGinley — Dechert LLP, Respondent
National Association of Criminal Defense Lawyers
Kevin James Poloncarz — Covington & Burling LLP, Amicus
Senators Richard J. Durbin, Charles E. Grassley, Cory A. Booker, and Michael S. Lee
The District of Columbia, Colorado, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, and Vermont
Tony R. Hewitt
Michael B. Kimberly — McDermott Will & Emery LLP, Petitioner
United States
D. John Sauer — Solicitor General, Respondent
Elizabeth B. Prelogar — Respondent
Sarah M. Harris — Acting Solicitor General, Respondent