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
Key Terms:
HabeasCorpus Securities
Latest Conference: 2024-07-01 (distributed 2 times)
Related Cases: 23-1002 (Vide)
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

Question Presented (OCR Extract)

QUESTION PRESENTED The question presented here is the same as that presented in Hewitt v. United States, No. 23-1002: 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. (i)

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