No. 25-905

Andrew J. Johnston v. United States

Lower Court: Seventh Circuit
Docketed: 2026-02-02
Status: Pending
Type: Paid
Response RequestedResponse Waived Experienced Counsel
Tags: appellate-review criminal-procedure final-sentence motion-denial sentence-reduction sentencing-factors
Latest Conference: 2026-02-27
Question Presented (from Petition)

1. Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction is an appeal from "an otherwise final sentence" subject to the limited scope of review under 18 U.S.C. § 3742(a).

2. Whether a district court deciding a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction may deny the government's requested reduction by relying on sentencing factors under 18 U.S.C. § 3553(a) that are unrelated to the value of the substantial assistance provided.

Question Presented (AI Summary)

Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction is an appeal from an 'otherwise final sentence' subject to the limited scope of review under 18 U.S.C. §3742(a)

Docket Entries

2026-02-11
DISTRIBUTED for Conference of 2/27/2026.
2026-02-11
Response Requested. (Due March 13, 2026)
2026-02-09
Waiver of United States of right to respond submitted.
2026-02-09
Waiver of right of respondent United States to respond filed.
2026-01-23
Petition for a writ of certiorari filed. (Response due March 4, 2026)

Attorneys

Andrew J. Johnston
Anthony John DickJones Day, Petitioner
United States
D. John SauerSolicitor General, Respondent