No. 25-833

Duane Letroy Berry v. United States

Lower Court: Fourth Circuit
Docketed: 2026-01-14
Status: Pending
Type: Paid
Amici (1)Response RequestedResponse Waived Experienced Counsel
Tags: civil-commitment congressional-power constitutional-limits criminal-procedure due-process federal-custody
Latest Conference: N/A
Question Presented (from Petition)

Whether 18 U.S.C. § 4246(a) exceeds the constitutional limits of Congress's powers insofar as it permits the federal government to civilly commit a person who has not been convicted of a federal offense and whose federal criminal charge has already been dismissed.

Question Presented (AI Summary)

Whether 18 U.S.C. § 4246(a) exceeds the constitutional limits of Congress's powers insofar as it permits the federal government to civilly commit a person who has not been convicted of a federal offense and whose federal criminal charge has already been dismissed

Docket Entries

2026-02-11
DISTRIBUTED for Conference of 2/27/2026.
2026-02-11
Response Requested. (Due March 13, 2026)
2026-02-06
Waiver of United States of right to respond submitted.
2026-02-06
Waiver of right of respondent United States to respond filed.
2026-02-04
Amicus brief of Cato Institute and Due Process Institute submitted.
2026-02-04
Brief amici curiae of Cato Institute, et al. filed.
2026-01-12
Motion (25M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2025-12-23
Motion (25M50) DISTRIBUTED for Conference of 1/9/2026.
2025-11-21
Motion (25M50) of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2025-11-21
Petition for a writ of certiorari filed. (Response due February 13, 2026)

Attorneys

Cato Institute and Due Process Institute
Matthew P. CavedonCato Institute, Amicus
Duane Berry
Jo-Ann Tamila SagarHogan Lovells US LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent