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Thomas Bryant, Jr. v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 19-14267 · judgment May 7, 2021


Certiorari denied · December 6, 2021
Pre-decision estimate: 29% cert probability (95% interval 20%–40%)

Before the decision, about 7× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a circuit split argued in the petition.

Question presented

Whether Section 1B1.13 of the United States Sentencing Guidelines is an “applicable” policy statement that binds a district court in considering a defendant-filed motion for compassionate release under 18 U.S.C. 3582(c)(1)(A), as amended by the First Step Act of 2018.

Counsel of record

For petitioner
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
3 cert-stage

Proceedings

  1. Dec 06 2021
    Petition DENIED.
  2. Nov 09 2021
    DISTRIBUTED for Conference of 12/3/2021.
  3. Nov 08 2021
    Reply of petitioner Thomas Bryant, Jr. filed. (Distributed)
  4. Oct 22 2021
    Brief of respondent United States in opposition filed.
  5. Oct 15 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including October 22, 2021.
  6. Oct 14 2021
    Motion to extend the time to file a response from October 15, 2021 to October 22, 2021, submitted to The Clerk.
  7. Sep 09 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including October 15, 2021.
  8. Sep 08 2021
    Motion to extend the time to file a response from September 15, 2021 to October 15, 2021, submitted to The Clerk.
  9. Aug 10 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including September 15, 2021.
  10. Aug 09 2021
    Motion to extend the time to file a response from August 16, 2021 to September 15, 2021, submitted to The Clerk.
  11. Jul 15 2021
  12. Jul 15 2021
    Brief amici curiae of Rachel E. Barkow and Brent E. Newton filed.
  13. Jul 15 2021
    Brief amici curiae of The American Conservative Union Foundation Nolan Center for Justice, The Cato Institute filed.
  14. Jul 08 2021
    Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2021.
  15. Jul 07 2021
    Motion to extend the time to file a response from July 15, 2021 to August 16, 2021, submitted to The Clerk.
  16. Jun 10 2021
    Petition for a writ of certiorari filed. (Response due July 15, 2021)