No. 25-81

Lois Jochinto Orta v. United States, et al.

Lower Court: Sixth Circuit
Docketed: 2025-07-22
Status: Pending
Type: Paid
Experienced Counsel
Tags: circuit-split district-court-discretion extraordinary-compelling-reasons first-step-act sentencing-reduction statutory-interpretation
Latest Conference: 2025-11-21
Question Presented (AI Summary)

Whether a district court may consider disparities created by the First Step Act's prospective changes in sentencing law when deciding if 'extraordinary and compelling reasons' warrant a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i)

Question Presented (OCR Extract)

This case presents the same question that is before the Court in Rutherford v. United States , No. 24-820 (cert. granted June 6, 2025), and Carter v. United States , No. 24-860 ( cert. granted June 6, 2025). For all the reasons set forth in the petitions in Rutherford and Carter , this Court should hold this case pending final resolution of those cases. The question presented is: Whether, as four circuits permit but six others prohibit, a district court may consider disparities created by the First Step Act’s prospective changes in sentencing law when deciding if “extraordinary and compelling reasons” warrant a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i).

Docket Entries

2025-11-05
DISTRIBUTED for Conference of 11/21/2025.
2025-10-22
Memorandum of respondent United States filed.
2025-09-19
Motion to extend the time to file a response is granted and the time is further extended to and including October 22, 2025.
2025-09-18
Motion of United States for an extension of time submitted.
2025-09-18
Motion to extend the time to file a response from September 22, 2025 to October 22, 2025, submitted to The Clerk.
2025-08-14
Motion to extend the time to file a response is granted and the time is extended to and including September 22, 2025.
2025-08-13
Motion of United States for an extension of time submitted.
2025-08-13
Motion to extend the time to file a response from August 21, 2025 to September 22, 2025, submitted to The Clerk.
2025-07-18

Attorneys

Lois Jochinto Orta
Justin Boigon BergKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Petitioner
Justin Boigon BergKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Petitioner
Justin Boigon BergKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent