Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/25pdf/24-482_d1oe.pdf'>opinion</a> for a unanimous Court. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined.

Argued. For petitioner: Amy M. Saharia, Washington, D. C. For respondent in support of vacatur: Ashley Robertson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: John F. Bash, Austin, Tex.

Sealed material received electronically from the United States District Court for the Western District of Missouri. The remainder of the record is electronic and is available on PACER.

Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed)

Reply of respondent United States filed. (Distributed)

Reply of United States submitted.

Reply of Holsey Ellingburg, Jr. submitted.

Motion for divided argument filed by respondent GRANTED.

CIRCULATED

Brief amicus curiae of Debra Ricketts-Holder filed. (Distributed)

Amicus brief of Debra Ricketts-Holder submitted.

Record received from the United States Court of Appeals for the Eighth Circuit and available with the Clerk (one box).

Brief of Court-appointed amicus curiae in support of the judgment below filed.

Amicus brief of Court-appointed amicus curiae in support of judgment below submitted.

Record requested from the United States Court of Appeals for the Eighth Circuit.

Motion for divided argument filed by the Solicitor General.

Motion of United States for divided argument submitted.

SET FOR ARGUMENT on Tuesday, October 14, 2025.

Amicus brief of Beth A. Colgan submitted.

Amicus brief of Constitutional Accountability Center submitted.

Amicus brief of Cato Institute and Fines and Fees Justice Center submitted.

Amicus brief of Wayne A. logan submitted.

Amicus brief of Professor Jennifer Laurin submitted.

Brief amicus curiae of Beth A. Colgan filed.

Brief amicus curiae of Constitutional Accountability Center filed.

Brief amici curiae of Cato Institute, et al. filed.

Brief amici curiae of Restitution Scholars filed.

Brief amici curiae of NACDL and FAMM filed.

Brief amicus curiae of Professor Jennifer Laurin filed.

Brief amicus curiae of Wayne A. logan filed.

Brief amicus curiae of Professor Beth A. Colgan filed.

Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.

Brief amicus curiae of Professor Wayne A. Logan filed.

Brief of respondent United States supporting vacatur filed.

Brief of respondent United States filed.

Brief of petitioner Holsey Ellingburg, Jr. filed.

Brief of United States submitted.

Brief of Holsey Ellingburg, Jr. submitted.

Motion to dispense with printing the joint appendix filed by petitioner GRANTED.

Motion to dispense with printing the joint appendix filed by petitioner Holsey Ellingburg, Jr.

Motion of Holsey Ellingburg, Jr. to dispense with joint appendix submitted.

Motion to extend the time to file brief of Court-appointed amicus curiae in support of the judgment below is granted and the time is extended to and including August 22, 2025.

Court Appointed Amicus Extension of Time of Court-appointed amicus curiae in support of judgment below submitted.

Motion of Court-appointed amicus curiae for an extension of time filed.

John.

John F. Bash, Esquire, of Austin, Texas, is invited to brief and argue this case, as amicus curiae, in support of the judgment below.

Motion to extend the time to file the joint appendix and petitioner's brief on the merits is granted, and the time is extended to and including June 23, 2025.

Letter of respondent United States notifying the Court that the government will be filing a merits brief in support of the petitioner on the question presented, filed.

Letter of United States submitted.

Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.

Motion of Holsey Ellingburg, Jr. for an extension of time submitted.

Petition GRANTED.

DISTRIBUTED for Conference of 4/4/2025.

DISTRIBUTED for Conference of 3/28/2025.

DISTRIBUTED for Conference of 3/21/2025.

DISTRIBUTED for Conference of 3/7/2025.

DISTRIBUTED for Conference of 2/28/2025.

Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed)

Reply of Holsey Ellingburg, Jr. submitted.

Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.

Waiver of Holsey Ellingburg, Jr. of the 14-day waiting period submitted.

Brief of respondent United States in opposition filed.

Motion to extend the time to file a response is granted and the time is further extended to and including February 7, 2025.

Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.

Motion of United States for an extension of time submitted.

Motion to extend the time to file a response is granted and the time is extended to and including January 8, 2025.

Motion to extend the time to file a response from December 9, 2024 to January 8, 2025, submitted to The Clerk.

Response Requested. (Due December 9, 2024)

DISTRIBUTED for Conference of 11/22/2024.

Waiver of right of respondent United States to respond filed.

Waiver of United States of right to respond submitted.

Petition for a writ of certiorari filed. (Response due November 29, 2024)