No. 23-1150

Corey Deyon Duffey and Jarvis Dupree Ross v. United States

Lower Court: Fifth Circuit
Docketed: 2024-04-23
Status: Judgment Issued
Type: Paid
Relisted (2) Experienced Counsel
Tags: appellate-review circuit-split criminal-resentencing criminal-sentencing first-step-act judicial-resentencing judicial-vacatur retroactivity sentencing-reduction statutory-interpretation
Latest Conference: 2024-07-01 (distributed 2 times)
Related Cases: 23-1002 (Vide)
Question Presented (from Petition)

Whether the First Step Act's sentencing reduction provisions apply to a defendant originally sentenced before the First Step Act's enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the First Step Act's enactment.

Question Presented (AI Summary)

Whether the First Step Act's sentencing reduction provisions apply to a defendant originally sentenced before the First Step Act's enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the First Step Act's enactment

Docket Entries

2025-07-28
Judgment Issued.
2024-12-16
Reply of United States 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
Record requested from the United States Court of Appeals for the Fifth Circuit.
2024-11-04
Motion of United States for divided argument submitted.
2024-07-02
Petition GRANTED. The petition for a writ of certiorari in No. 23-1002 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
2024-06-04
DISTRIBUTED for Conference of 6/20/2024.
2024-05-30
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2024-05-15
Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
2024-05-14
Motion to extend the time to file a response from May 23, 2024 to May 29, 2024, submitted to The Clerk.
2024-04-19

Attorneys

American Civil Liberties Union, American Civil Liberties Union of Texas, Cato Institute, Due Process Institute, FAMM, and National Association of Criminal Defense Lawyers
Kevin James PoloncarzCovington & Burling LLP, Amicus
Corey Duffey, et al.
Jo-Ann Tamila SagarHogan Lovells US LLP, Petitioner
Neal Kumar KatyalHogan Lovells US LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent
Elizabeth B. Prelogar — Respondent
Sarah M. HarrisActing Solicitor General, Respondent