Supreme Court of the United States · Official docket →
Carlos Concepcion v. United States
Paid petition · United States Court of Appeals for the First Circuit, No. 19-2025 · judgment March 15, 2021
Before the decision, about 3.9× the 4.1% base rate. The model weighted this up for a First Circuit decision below, a petition filed soon after the judgment below, and a circuit split argued in the petition.
Question presented
Whether, when deciding if it should ''impose a reduced sentence" on an individual under Section 404(b) of the First Step Act of 2018, 21 U.S.C. § 841 note, a district court must or may consider intervening legal and factual developments.
Counsel of record
For petitioner
Charles Luther McCloud
Williams & Connolly LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
10 merits
(10 supporting pet./neither)
Argument & decision
Argued January 19, 2022 — Charles L. McCloud · Matthew Guarnieri. Audio and transcript
Decided June 27, 2022. Opinion by Sotomayor.
Proceedings
- Jul 29 2022JUDGMENT ISSUED
- Jun 27 2022Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Thomas, Breyer, Kagan, and Gorsuch, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., and Alito and Barrett, JJ., joined.
- Jan 19 2022Argued. For petitioner: Charles L. McCloud, Washington, D. C. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Jan 07 2022Reply of petitioner Carlos Concepcion filed. (Distributed)
- Dec 15 2021Brief of respondent United States filed. (Distributed)
- Dec 14 2021CIRCULATED
- Dec 06 2021The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer.
- Dec 06 2021The record from the U.S.D.C. Dist. of Massachusetts is electronic and located on Pacer, the Sealed Appendix is filed electronically.
- Nov 22 2021Brief amici curiae of Drug Policy Alliance and The Law Enforcement Action Partnership filed.
- Nov 22 2021Brief amici curiae of FAMM, The National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders filed.
- Nov 22 2021Brief amicus curiae of Americans for Prosperity Foundation filed.
- Nov 22 2021Brief amicus curiae of Constitutional Accountability Center filed.
- Nov 22 2021Brief amici curiae of The Howard University School of Law Civil Rights Clinic; A New Way of Life Reentry Project filed.
- Nov 22 2021Brief amici curiae of Dr. Karen Swanson, Dr. Byron R. Johnson, and Dr. Sung Joon Jang filed.
- Nov 22 2021Brief amici curiae of Due Process Institute, American Civil Liberties Union, ACLU of Massachusetts, and Southern Poverty Law Center filed.
- Nov 22 2021Brief amicus curiae of American Conservative Union Foundation filed.
- Nov 22 2021Brief amici curiae of The District of Columbia, et al., filed.
- Nov 22 2021Brief amici curiae of Criminal Law Scholars filed.
- Nov 17 2021ARGUMENT SET FOR Wednesday, January 19, 2022.
- Nov 17 2021Record requested from the U.S.C.A. 1st Circuit.
- Nov 15 2021Brief of petitioner Carlos Concepcion filed.
- Nov 01 2021Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Oct 22 2021Motion to dispense with printing the joint appendix filed by petitioner Carlos Concepcion.
- Sep 30 2021Petition GRANTED.
- Sep 09 2021Reply of petitioner Carlos Concepcion filed. (Distributed)
- Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 25 2021Brief of respondent United States of America in opposition filed.
- Jul 20 2021Motion to extend the time to file a response is granted and the time is further extended to and including August 25, 2021.
- Jul 19 2021Motion to extend the time to file a response from July 26, 2021 to August 25, 2021, submitted to The Clerk.
- Jun 22 2021Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2021.
- Jun 21 2021Motion to extend the time to file a response from June 25, 2021 to July 26, 2021, submitted to The Clerk.
- May 24 2021Petition for a writ of certiorari filed. (Response due June 25, 2021)