Supreme Court Report

Supreme Court of the United States · Official docket →

Dawn Herndon v. Judy R. Upton, Warden

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-11156 · judgment January 13, 2021

Certiorari denied · October 4, 2021
Pre-decision estimate: 5% cert probability

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a state or local-government respondent and a petition filed soon after the judgment below.

Question presented

A defendant in a federal criminal case receives a paradigmatic sentence -- a term of imprisonment, to be followed by a term of supervised release. While in prison, she files a petition for a writ of habeas corpus, alleging that the Bureau of Prisons miscalculated her prison-release date, and will therefore over-incarcerate her. Before the court adjudicates that case, however, she completes her term of imprisonment and commences her term of supervised release. Is her habeas case moot, even though the sentencing court can terminate or reduce her term of supervised release, and the over-incarceration, established in the habeas case, would constitute an “equitable consideration[] of great weight[]” in the sentencing court? Johnson v. United States, 529 U.S. 53, 60 (2000).

Counsel of record

For petitioner
Kenneth A. Caruso
Mukasey Frenchman LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Sep 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 31 2021
    Reply of petitioner Dawn Herndon filed.
    Main DocumentProof of ServiceCertificate of Word Count
  4. Aug 23 2021
    Brief of respondent Judy R. Upton, Warden in opposition filed.
    Certificate of Word CountMain Document
  5. Jul 12 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including August 23, 2021.
  6. Jul 09 2021
    Motion to extend the time to file a response from July 23, 2021 to August 23, 2021, submitted to The Clerk.
    Main Document
  7. Jun 17 2021
    Motion to extend the time to file a response is granted and the time is extended to and including July 23, 2021.
  8. Jun 16 2021
    Motion to extend the time to file a response from June 23, 2021 to July 23, 2021, submitted to The Clerk.
    Main Document
  9. May 24 2021
    Response Requested. (Due June 23, 2021)
  10. May 18 2021
    DISTRIBUTED for Conference of 6/3/2021.
  11. May 13 2021
    Waiver of right of respondent Judy R. Upton, Warden to respond filed.
    Main Document
  12. May 05 2021
    Petition for a writ of certiorari filed. (Response due June 9, 2021)
    PetitionCertificate of Word CountProof of Service