No. 24-860

Johnnie Markel Carter v. United States

Lower Court: Third Circuit
Docketed: 2025-02-11
Status: Granted
Type: Paid
Amici (6)Relisted (2) Experienced Counsel
Tags: district-courts extraordinary-and-compelling federal-prisoners nonretroactive-law sentence-reduction sentencing-commission
Latest Conference: 2025-06-05 (distributed 2 times)
Related Cases: 24-820 (Vide)
Question Presented (AI Summary)

Whether the Sentencing Commission acted within its expressly delegated authority by permitting district courts to consider a nonretroactive change in law in determining 'extraordinary and compelling reasons' for sentence reduction

Question Presented (from Petition)

Congress empowered district courts to reduce sentences of federal prisoners for “extraordinary and compelling reasons.” Congress did not define the terms “extraordinary and compelling” but instead expressly delegated to the United States Sentencing Commission the authority to describe what types of circumstances qualify. Exercising that authority, the Sentencing Commission adopted a provision, Section 1B1.13(b)(6), that permits district courts to consider a sentence reduction where, among other things, the defendant has served at least ten years of an unusually long sentence and a nonretroactive change in law produces a “gross disparity” between that sentence and the one likely to be imposed at the time of the motion. The Courts of Appeals are divided on the question presented here: Whether the Sentencing Commission acted within its expressly delegated authority by permit ting district courts to consider , in narrowly cabined circumstances, a nonretroactive change in law in determining whether “extraordinary and compelling reason s” warrant a sentence reduction.

Docket Entries

2025-09-30
CIRCULATED
2025-09-02
Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk.
2025-08-21
Record requested from the United States Court of Appeals for the Third Circuit.
2025-08-15
Amicus brief of The Fortune Society submitted.
2025-08-15
Amicus brief of NAACP, NAACP Empowerment Programs and NAACP Legal Defense & Educational Fund, Inc. submitted.
2025-08-15
Amicus brief of Former Commissioners of the United States Sentencing Commission submitted.
2025-08-15
Brief amicus curiae of The Fortune Society filed.
2025-08-15
Brief amicus curiae of Fortune Society filed. (as to 24-860)
2025-06-20
Motion of United States for an extension of time submitted.
2025-06-02
DISTRIBUTED for Conference of 6/5/2025.
2025-05-28
2025-05-28
Supplemental Brief of Johnnie Markel Carter submitted.
2025-05-14
2025-05-14
Reply of Johnnie Markel Carter submitted.
2025-05-13
DISTRIBUTED for Conference of 5/29/2025.
2025-05-12
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
2025-05-12
Waiver of Johnnie Markel Carter of the 14-day waiting period submitted.
2025-05-05
Brief of respondent United States in support filed.
2025-05-05
Brief of United States in opposition submitted.
2025-04-11
Motion to extend the time to file a response is granted and the time is further extended to and including May 5, 2025.
2025-04-10
Motion to extend the time to file a response from April 14, 2025 to May 5, 2025, submitted to The Clerk.
2025-04-10
Motion of United States for an extension of time submitted.
2025-03-13
2025-03-06
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2025.
2025-03-05
Motion to extend the time to file a response from March 13, 2025 to April 14, 2025, submitted to The Clerk.
2025-03-05
Motion of United States for an extension of time submitted.
2025-03-04
2025-02-28
Brief amicus curiae of Families Against Mandatory Minimums (FAMM) filed.
2025-02-28
Brief amicus curiae of FAMM filed.
2025-02-28
2025-02-11
Petition for a writ of certiorari filed. (Response due March 13, 2025)

Attorneys

Clinical Law Professors
Erica Kristine ZunkelCriminal and Juvenile Justice Clinic, Amicus
Erica Kristine ZunkelCriminal and Juvenile Justice Clinic, Amicus
Erica Kristine ZunkelCriminal and Juvenile Justice Clinic, Amicus
FAMM
Jarrod Lee SchaefferAbell Eskew Landau LLP, Amicus
Jarrod Lee SchaefferAbell Eskew Landau LLP, Amicus
Jarrod Lee SchaefferAbell Eskew Landau LLP, Amicus
Former Bureau of Prisons Officials
Scott P. LewisAnderson & Kreiger LLP, Amicus
Scott P. LewisAnderson & Kreiger LLP, Amicus
Scott P. LewisAnderson & Kreiger LLP, Amicus
Former Commissioners of the United States Sentencing Commission
Joshua Adam MatzHecker Fink LLP, Amicus
Joshua Adam MatzHecker Fink LLP, Amicus
Joshua Adam MatzHecker Fink LLP, Amicus
Johnnie Markel Carter
David A. O'NeilDebevoise & Plimpton LLP, Petitioner
David A. O'NeilDebevoise & Plimpton LLP, Petitioner
David A. O'NeilDebevoise & Plimpton LLP, Petitioner
NAACP, NAACP Empowerment Programs and NAACP Legal Defense & Educational Fund, Inc.
Carlton Eliot ForbesCooley LLP, Amicus
Carlton Eliot ForbesCooley LLP, Amicus
Carlton Eliot ForbesCooley LLP, Amicus
The Fortune Society
Amelia Temple Redwood StarrDavis Polk & Wardwell LLP, Amicus
Amelia Temple Redwood StarrDavis Polk & Wardwell LLP, Amicus
Amelia Temple Redwood StarrDavis Polk & Wardwell LLP, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Sarah M. HarrisActing Solicitor General, Respondent