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Tarahrick Terry v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 20-10482 · judgment September 22, 2020

Decided · June 14, 2021

Question presented

Section 404 of the First Step Act of 2018 made the Fair Sentencing Act of 2010 retroactive. Section 404 authorized federal district courts to impose a reduced sentence for anyone with a “covered offense.” Pub. L. No. 115-391, 132 Stat. 5194, § 404(b). Congress defined a “covered offense” as “a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sentencing Act of 2010 . . . that was committed before August 3, 2010.” § 404(a). Section 2 of the Fair Sentencing Act of 2010 modified 21 U.S.C. § 841 by raising the crack-cocaine quantities that determine three tiers of penalties in 21 U.S.C. § 841(b)(1). For the top-tier range of 10-years-to-life in § 841(b)(1)(A), Section 2 raised the threshold from 50 to 280 grams of crack. And, for the mid-tier range of 5-to-40- years in § 841(b)(1)(B), Section 2 raised the threshold from 5 to 28 grams of crack. The bottom-tier range of 0-to-20-years in § 841(b)(1)(C) applies to offenses not subject to the top- or mid-tier ranges in §§ 841(b)(1)(A) or (b)(1)(B). Section 2 of the Fair Sentencing Act did not modify the text of § 841(b)(1)(C). But by raising the quantity threshold in § 841(b)(1)(B)(iii) from 5 grams to 28 grams of crack, it had the effect of increasing § 841(b)(1)(C)’s upper boundary from 5 grams to 28 grams of crack. The question presented is: Whether pre-August 3, 2010 crack offenders sentenced under 21 U.S.C. § 841(b)(1)(C) have a “covered offense” under Section 404 of the First Step Act.1 1 This question is also presented in Birt v. United States, Sup. Ct. No. 20-291 (pet. for cert. filed Sept. 1, 2020). ORDER OF MARCH 19, 2021 THE CASE IS REMOVED FROM THE CALENDAR FOR THE APRIL 2021 ARGUMENT SESSION. ADAM K. MORTARA, ESQUIRE, OF CHICAGO, ILLINOIS, IS INVITED TO BRIEF AND ARGUE THIS CASE, AS AMICUS CURIAE, IN SUPPORT OF THE JUDGMENT BELOW. THE CASE WILL BE RESCHEDULED FOR ARGUMENT THIS TERM.

Counsel of record

For petitioner
Andrew Lee Adler
Federal Public Defender's Office

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 1 conference

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

Argument & decision

Argued May 4, 2021 — Andrew L. Adler · Eric J. Feigin · Adam K. Mortara. Audio and transcript

Decided June 14, 2021. Opinion by Thomas.

Proceedings

  1. Jul 16 2021
    JUDGMENT ISSUED.
  2. Jun 14 2021
    Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment.
  3. May 04 2021
    Argued. For petitioner: Andrew L. Adler, Ft. Lauderdale, Fla. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Adam K. Mortara, Chicago, Ill.
  4. Apr 28 2021
    Reply of respondent United States filed. (Distributed)
  5. Apr 27 2021
    Reply of petitioner Tarahrick Terry filed. (Distributed)
  6. Apr 13 2021
    Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
  7. Apr 05 2021
    Motion of respondent for leave to file a brief out of time GRANTED.
  8. Apr 05 2021
    Motion for divided argument filed by respondent GRANTED.
  9. Mar 31 2021
    Motion for leave to file a brief out of time filed by respondent.
  10. Mar 31 2021
    Motion for divided argument filed by respondent in support of reversal.
  11. Mar 30 2021
    CIRCULATED
  12. Mar 25 2021
    The brief of the Court-appointed amicus curiae in support of the judgment below, and any other briefs of amicus curiae in support, are to be filed on or before Tuesday, April 13, 2021. Any reply brief is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, April 28, 2021. The case is set for oral argument on Tuesday, May 4, 2021.
  13. Mar 25 2021
    SET FOR ARGUMENT on Tuesday, May 4, 2021.
  14. Mar 19 2021
    The case is removed from the calendar for the March 2021 argument session. Adam K. Mortara, Esquire, of Chicago, Illinois, is invited to brief and argue, as amicus curiae, in support of the judgment below. The case will be rescheduled for argument this Term.
  15. Mar 17 2021
    The record from the U.S.D.C. Southern Dist. of Florida is electronic and located on Pacer.
  16. Mar 15 2021
    Letter of respondent United States filed. (Distributed)
  17. Mar 15 2021
    Letter of petitioner Tarahrick Terry filed. (Distributed)
  18. Mar 15 2021
    Record requested.
  19. Mar 15 2021
    The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
  20. Mar 12 2021
    SET FOR ARGUMENT on Tuesday, April 20, 2021.
  21. Feb 22 2021
    Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
  22. Feb 19 2021
    Brief amicus curiae of Constitutional Accountability Center filed.
  23. Feb 19 2021
    Brief amicus curiae of Americans for Prosperity Foundation filed.
  24. Feb 19 2021
    Brief amici curiae of American Conservative Union & ACU Foundation, et al. filed.
  25. Feb 19 2021
    Brief amici curiae of District of Columbia, et al. filed.
  26. Feb 19 2021
    Brief amici curiae of Senators Richard J. Durbin, et al. filed.
  27. Feb 19 2021
    Brief amici curiae of Retired Federal Judges, Former Federal Prosecutors, et al. filed.
  28. Feb 19 2021
    Brief amici curiae of ACLU, et al. filed.
  29. Feb 12 2021
    Brief of petitioner Tarahrick Terry filed.
  30. Jan 28 2021
    Motion to dispense with printing the joint appendix filed by petitioner Tarahrick Terry.
  31. Jan 28 2021
    Blanket Consent filed by Petitioner, Tarahrick Terry
  32. Jan 08 2021
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  33. Dec 10 2020
    DISTRIBUTED for Conference of 1/8/2021.
  34. Dec 09 2020
    Reply of petitioner Tarahrick Terry filed. (Distributed)
  35. Dec 07 2020
    Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
  36. Dec 04 2020
    Brief of respondent United States in opposition filed. (Distributed)
  37. Oct 29 2020
    Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020.
  38. Oct 28 2020
    Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk.
  39. Sep 28 2020
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2020)