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Eric Andrews v. United States

Paid petition · United States Court of Appeals for the Third Circuit, No. 20-2768 · judgment August 30, 2021


Certiorari denied · April 4, 2022
Pre-decision estimate: 9% cert probability (95% interval 6%–14%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

Whether a district court may consider the 2018 amendment to the sentences mandated by 18 U.S.C. § 924(c) in determining whether a defendant has shown “extraordinary and compelling reasons” warranting a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i). Whether a district court may consider the length of a defendant’s sentence in determining whether a defendant has shown “extraordinary and compelling reasons” warranting a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i).

Counsel of record

For petitioner
John Gleeson
Debevoise & Plimpton LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 04 2022
    Petition DENIED.
  2. Mar 16 2022
    DISTRIBUTED for Conference of 4/1/2022.
  3. Mar 08 2022
    Waiver of right of respondent United States to respond filed.
  4. Mar 02 2022
    Petition for a writ of certiorari filed. (Response due April 4, 2022)