No. 24-556

Joe Fernandez v. United States

Lower Court: Second Circuit
Docketed: 2024-11-18
Status: Granted
Type: Paid
Amici (9)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: circuit-split compassionate-release extraordinary-reasons judicial-discretion sentence-reduction statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2025-05-22 (distributed 3 times)
Question Presented (AI Summary)

Whether the Second Circuit erred in recognizing extra-textual limitations on what information a court may consider when determining whether there exist extraordinary and compelling reasons warranting a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)

Question Presented (from Petition)

QUESTION PRESENTED Under 18 U.S.C. § 3582(c)(1)(A), a district court has broad discretion to reduce the term of imprisonment in any case if it finds that “extraordinary and compelling reasons warrant such a reduction.” The sole limitation Congress placed on that discretion is found in 18 U.S.C. § 994(t), which provides that “[r]ehabilitation of the defendant alone shall not be considered an extraordinary and compelling reason.” In reversing the district court’s grant of compassionate release to Joe Fernandez, the Second Circuit held that it was an abuse of discretion for the court to have considered evidence bearing on Fernandez’s potential innocence as well to have found a disparity in sentences between Fernandez and several of his co-defendants who were cooperating witnesses. That decision was contrary to decisions of the First and Ninth Circuits, which have each held that district courts are not restricted with respect to matters they may consider under 18 U.S.C. § 3582(c)(1)(A) other than as set forth by Congress. The question presented is: Whether the Second Circuit erred in recognizing extra-textual limitations on what information a court may consider when determining whether there exist extraordinary and compelling reasons warranting a sentence reduction under 18 U.S.C. § 3582(c)(1)(A).

Docket Entries

2025-11-12
Argued. For petitioner: Benjamin Gruenstein, New York, N. Y. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
2025-10-27
Reply of petitioner Joe Fernandez filed. (Distributed)
2025-10-27
Reply of Joe Fernandez submitted.
2025-09-30
CIRCULATED
2025-09-25
Brief of respondent United States filed.
2025-09-25
Brief of United States submitted.
2025-09-10
Sealed material received from the United States District Court for the Southern District of New York and available with the Clerk (one envelope). The remainder of the record is electronic and is available with the Clerk.
2025-08-25
Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
2025-08-21
Record requested from the United States Court of Appeals for the Second Circuit.
2025-08-12
SET FOR ARGUMENT on Wednesday, November 12, 2025.
2025-08-11
Amicus brief of FAMM, National Association of Criminal Defense Lawyers, National Association of Federal Defenders submitted.
2025-08-11
Amicus brief of Professor Douglas Berman submitted.
2025-08-11
Amicus brief of Senators Richard J. Durbin and Cory A. Booker submitted.
2025-08-11
Amicus brief of New York Council of Defense Lawyers ("NYCDL") submitted.
2025-08-11
Amicus brief of Wolfgang Von Vader submitted.
2025-08-11
Brief amicus curiae of New York Council of Defense Lawyers ("NYCDL") filed.
2025-08-11
Brief amici curiae of Senators Richard J. Durbin, et al. filed.
2025-08-11
Brief amici curiae of FAMM, et al. filed.
2025-08-11
Brief amicus curiae of Constitutional Accountability Center filed.
2025-08-11
Brief amicus curiae of Wolfgang Von Vader filed.
2025-08-11
Brief amicus curiae of New York Council of Defense Lawyers filed.
2025-08-11
Brief amici curiae of Senator Richard J. Durbin, et al. filed.
2025-08-11
Brief amici curiae of Families Against Mandatory Minimums, et al. filed.
2025-08-11
Brief amicus curiae of Professor Douglas Berman filed.
2025-08-11
Amicus brief of Constitutional Accountability Center submitted.
2025-08-04
2025-08-04
2025-08-04
Brief of Joe Fernandez submitted.
2025-08-04
Joint Appendix submitted.
2025-06-30
Motion to extend the time to file the briefs on the merits in No. 24-556 granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 4, 2025. The time to file respondent's brief on the merits is extended to and including September 25, 2025.
2025-06-20
Motion for an extension of time within which to file the briefs on the merits in No. 24-556 (also as to No. 24-820 & 24-860) filed.
2025-06-20
Motion for an extension of time within which to file the briefs on the merits (also as to No. 24-820 & 24-860) filed.
2025-06-20
Motion of United States for an extension of time submitted.
2025-05-27
Petition GRANTED limited to the following question: Whether a combination of “extraordinary and compelling reasons” that may warrant a discretionary sentence reduction under 18 U.S.C. §3582(c)(1)(A) can include reasons that may also be alleged as grounds for vacatur of a sentence under 28 U.S.C. §2255.
2025-05-19
DISTRIBUTED for Conference of 5/22/2025.
2025-04-23
DISTRIBUTED for Conference of 5/15/2025.
2025-02-24
2025-02-24
Reply of Joe Fernandez submitted.
2025-02-07
Brief of respondent United States in opposition filed.
2025-02-07
Brief of United States in opposition submitted.
2025-01-07
Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2025
2025-01-03
Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.
2025-01-03
Motion of United States for an extension of time submitted.
2024-12-09
Response Requested. (Due January 8, 2025)
2024-12-04
DISTRIBUTED for Conference of 1/10/2025.
2024-11-29
Waiver of right of respondent United States to respond filed.
2024-11-13
Petition for a writ of certiorari filed. (Response due December 18, 2024)

Attorneys

Constitutional Accountability Center
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Brianne Jenna GorodConstitutional Accountability Center, Amicus
Brianne Jenna GorodConstitutional Accountability Center, Amicus
FAMM, National Association of Criminal Defense Lawyers, National Association of Federal Defenders
Shelley Marie Fite — Amicus
Shelley Marie Fite — Amicus
Shelley Marie Fite — Amicus
Joe Fernandez
Benjamin GruensteinCravath, Swaine & Moore LLP, Petitioner
Benjamin GruensteinCravath, Swaine & Moore LLP, Petitioner
Benjamin GruensteinCravath, Swaine & Moore LLP, Petitioner
New York Council of Defense Lawyers ("NYCDL")
Harry SandickPatterson Belknap Webb & Tyler LLP, Amicus
Harry SandickPatterson Belknap Webb & Tyler LLP, Amicus
Harry SandickPatterson Belknap Webb & Tyler LLP, Amicus
Professor Douglas Berman
Vincent Gregory LevyHolwell Shuster & Goldberg, LLP, Amicus
Vincent Gregory LevyHolwell Shuster & Goldberg, LLP, Amicus
Vincent Gregory LevyHolwell Shuster & Goldberg, LLP, Amicus
Senators Richard J. Durbin and Cory A. Booker
Brent Jefferson GurneyWilmer Cutler Pickering Hale and Dorr LLP, Amicus
Brent Jefferson GurneyWilmer Cutler Pickering Hale and Dorr LLP, Amicus
Brent Jefferson GurneyWilmer Cutler Pickering Hale and Dorr LLP, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Sarah M. HarrisActing Solicitor General, Respondent
Wolfgang Von Vader
Sarah Patricia HogarthMcDermott Will & Schulte LLP, Amicus
Sarah Patricia HogarthMcDermott Will & Schulte LLP, Amicus
Sarah Patricia HogarthMcDermott Will & Schulte LLP, Amicus