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Eddie Houston, Jr. v. United States

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 20-10043 · judgment May 22, 2020


GVR'd · June 30, 2022
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below.

Question presented

Whether a sentencing court must consider applicable sentencing factors codified in 18 U.S.C. § 3553(a) when deciding whether to impose a reduced sentence under § 404(b) of the First Step Act.

Counsel of record

For petitioner
Jeffrey L. Fisher
O'Melveny & Myers LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Aug 01 2022
    JUDGMENT ISSUED
  2. Jun 30 2022
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Concepcion v. United States, 597 U. S. ___ (2022).
  3. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  4. Aug 04 2021
    DISTRIBUTED for Conference of 9/27/2021.
  5. Aug 04 2021
    Reply of petitioner Eddie Houston, Jr. filed. (Distributed)
  6. Jul 21 2021
    Brief of respondent United States of America in opposition filed.
  7. Jun 15 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including July 21, 2021.
  8. Jun 14 2021
    Motion to extend the time to file a response from June 21, 2021 to July 21, 2021, submitted to The Clerk.
  9. May 21 2021
    Brief amicus curiae of Constitutional Accountability Center filed.
  10. May 21 2021
    Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
  11. May 13 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 21, 2021.
  12. May 12 2021
    Motion to extend the time to file a response from May 21, 2021 to June 21, 2021, submitted to The Clerk.
  13. Apr 19 2021
    Petition for a writ of certiorari filed. (Response due May 21, 2021)