No. 22-1216

Dwayne Ferguson v. United States

Lower Court: Fourth Circuit
Docketed: 2023-06-16
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: circuit-split criminal-procedure district-court-discretion extraordinary-and-compelling-reasons extraordinary-reasons first-step-act habeas-corpus legal-error sentence-reduction sentencing statutory-interpretation
Key Terms:
AdministrativeLaw HabeasCorpus
Latest Conference: 2024-02-23 (distributed 2 times)
Question Presented (AI Summary)

Whether 28 U.S.C. § 2255 limits a district court's discretion to consider legal errors in prior proceedings as 'extraordinary and compelling reasons' warranting a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)

Question Presented (OCR Extract)

QUESTION PRESENTED Whether 28 U.S.C. § 2255 limits a district court’s discretion to consider—among other factors—legal errors in prior proceedings as “extraordinary and compelling reasons” warranting a sentence reduction under 18 U.S.C. § 3582(c)(1)(A) as amended by the First Step Act.

Docket Entries

2024-02-26
Petition DENIED.
2024-02-07
DISTRIBUTED for Conference of 2/23/2024.
2023-11-21
2023-11-01
Brief of respondent United States in opposition filed.
2023-09-11
Motion to extend the time to file a response is granted and the time is further extended to and including November 6, 2023.
2023-09-08
Motion to extend the time to file a response from October 2, 2023 to November 6, 2023, submitted to The Clerk.
2023-08-28
Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2023.
2023-08-24
Motion to extend the time to file a response from September 1, 2023 to October 2, 2023, submitted to The Clerk.
2023-08-02
Response Requested. (Due September 1, 2023)
2023-07-05
DISTRIBUTED for Conference of 9/26/2023.
2023-06-27
Waiver of right of respondent United States to respond filed.
2023-05-24
2023-02-23
Application (22A760) granted by The Chief Justice extending the time to file until May 26, 2023.
2023-02-16
Application (22A760) to extend the time to file a petition for a writ of certiorari from March 28, 2023 to May 26, 2023, submitted to The Chief Justice.

Attorneys

Dwayne Ferguson
Brian WolfmanGeorgetown Law Appellate Courts Immersion Clinic, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent