No. 24-6126

Joel S. Elliott v. United States

Lower Court: Tenth Circuit
Docketed: 2024-12-11
Status: Pending
Type: IFP
Response RequestedResponse WaivedRelisted (3)IFP Experienced Counsel
Tags: circuit-split discretionary-sentence extraordinary-compelling-reasons federal-criminal-law sentencing-reduction statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2025-05-22 (distributed 3 times)
Question Presented (AI Summary)

Whether a combination of 'extraordinary and compelling reasons' under 18 U.S.C. § 3582(c)(1)(A) can include reasons also alleged as grounds for vacatur under 28 U.S.C. § 2255

Question Presented (OCR Extract)

QUESTION PRESENTED This case presents an important question of statutory interpretation involving a frequently litigated provision of federal criminal sentencing law, and on which the circuits have intractably split, namely: Whether a combination of “extraordinary and compelling reasons” that may warrant a discretionary sentence reduction under 18 U.S.C. § 3582(¢)(1)(A) can include reasons that may also be alleged as grounds for vacatur of a sentence under 28 USS.C. § 2255? i

Docket Entries

2025-05-19
DISTRIBUTED for Conference of 5/22/2025.
2025-05-08
Reply of petitioner Joel Elliott filed. (Distributed)
2025-05-08
Reply of Joel Elliott submitted.
2025-04-23
DISTRIBUTED for Conference of 5/15/2025.
2025-04-09
Brief of respondent United States in opposition filed.
2025-04-09
Brief of United States in opposition submitted.
2025-03-04
Motion to extend the time to file a response is granted and the time is further extended to and including April 9, 2025.
2025-03-03
Motion of United States for an extension of time submitted.
2025-03-03
Motion to extend the time to file a response from March 10, 2025 to April 9, 2025, submitted to The Clerk.
2025-01-30
Motion to extend the time to file a response is granted and the time is extended to and including March 10, 2025.
2025-01-29
Motion to extend the time to file a response from February 7, 2025 to March 10, 2025, submitted to The Clerk.
2025-01-29
Motion of United States for an extension of time submitted.
2025-01-08
Response Requested. (Due February 7, 2025)
2025-01-02
DISTRIBUTED for Conference of 1/17/2025.
2024-12-31
Waiver of United States of right to respond submitted.
2024-12-30
Waiver of right of respondent United States to respond filed.
2024-12-30
Waiver of United States of right to respond submitted.
2024-12-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2025)

Attorneys

Joel Elliott
John Carl ArceciOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Sarah M. HarrisActing Solicitor General, Respondent