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Timothy D. Koons, Kenneth Jay Putensen, Randy Feauto, Esequiel Gutierrez, and Jose Manuel Gardea v. United States

IFP petition · United States Court of Appeals for the Eighth Circuit, No. 15-3794, 15-3825, 15-3854, 15-3800, 15-3894 · judgment March 10, 2017

Decided · June 4, 2018

Question presented

  1. Whether the Eighth Circuit Court of Appeals erred in holding, contrary to the opinion of the Fourth Circuit Court of Appeals, that defendants whose initial advisory guideline sentencing range was below a statutory mandatory minimum and who were subsequently sentenced below that minimum after the district court granted a government motion for reduction in sentence for substantial assistance pursuant to 18 U.S.C. § 3553(e), are not eligible for further reduction in sentence under 18 U.S.C. § 3582(c)(2) and retroactive sentencing guideline Amendment 782, which lowered the base offense levels assigned to most drug quantities?

  2. Whether Freeman v. United States, 564 U.S. 522 (2011) (plurality opinion) supports the holding that there is a substantive limitation on the term "based on" in 18 U.S.C. § 3582(c)(2) that prohibits defendants whose initial advisory guideline range was below a statutory mandatory minimum, and who were subsequently sentenced below that minimum after the district court granted a government motion for reduction in sentence for substantial assistance pursuant to 18 U.S.C. § 3553(e), from being eligible for further reduction in sentence due to retroactive sentencing guideline Amendment 782? ORDER OF 1/16/2018: JEFFREY L. FISHER, ESQUIRE, OF STANFORD, CALIFORNIA, IS APPOINTED TO SERVE AS COUNSEL FOR THE PETITIONERS IN THIS CASE.

Counsel of record

For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 4 conferences

Amicus briefs
3 merits
(3 supporting pet./neither)

Argument & decision

Argued March 27, 2018 — Jeffrey L. Fisher · Eric J. Feigin. Audio and transcript

Decided June 4, 2018. Opinion by Alito.

Proceedings

  1. Jul 06 2018
    JUDGMENT ISSUED.
  2. Jun 04 2018
    Adjudged to be AFFIRMED. Alito, J., delivered the opinion for a unanimous Court.
  3. Mar 27 2018
    Argued. For petitioners: Jeffrey L. Fisher, Stanford, Cal. (Appointed by this Court.) For respondent: Eric J. Feigin, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
  4. Mar 13 2018
    Reply of petitioners Timothy D. Koons, et al. filed. (Distributed)
  5. Feb 21 2018
    Record requested from the U.S.C.A. 8th Circuit.
  6. Feb 21 2018
    Brief of respondent United States filed. (Distributed)
  7. Feb 20 2018
    Motion for leave to file a supplemental volume of the joint appendix under seal GRANTED.
  8. Feb 07 2018
    CIRCULATED
  9. Jan 31 2018
    DISTRIBUTED for Conference of 2/16/2018.
  10. Jan 29 2018
    Brief amicus curiae of Families Against Mandatory Minimums filed.
  11. Jan 29 2018
    Brief amicus curiae of National Association of Federal Defenders filed.
  12. Jan 29 2018
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  13. Jan 24 2018
    SET FOR ARGUMENT ON Tuesday, March 27, 2018
  14. Jan 22 2018
    Brief of petitioners Timothy D. Koons, et al. filed.
  15. Jan 22 2018
    Joint appendix filed. (Statement of cost filed.)
  16. Jan 22 2018
    Motion for leave to file a supplemental volume of the joint appendix under seal filed by petitioner Timothy D. Koons, et al.
  17. Jan 17 2018
    Blanket Consent filed by Petitioner, Timothy D. Koons, et al.
  18. Jan 16 2018
    Motion to appoint counsel filed by petitioners GRANTED, and Jeffrey L. Fisher, Esquire, of Stanford, California, is appointed to serve as counsel for the petitioners in this case.
  19. Dec 27 2017
    DISTRIBUTED for Conference of 1/12/2018.
  20. Dec 18 2017
    Motion to appoint counsel filed by petitioners Timothy D. Koons, et al.
  21. Dec 08 2017
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  22. Dec 04 2017
    DISTRIBUTED for Conference of 12/8/2017.
  23. Nov 09 2017
    DISTRIBUTED for Conference of 12/1/2017.
  24. Oct 25 2017
    Brief of respondent United States in opposition filed.
  25. Sep 21 2017
    Order extending time to file response to petition to and including October 25, 2017.
  26. Aug 22 2017
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 25, 2017)