Supreme Court Report

Supreme Court of the United States · Official docket →

Michael G. Harper, aka Cuban Mike v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 20-13296 · judgment May 11, 2021


GVR'd · June 30, 2022
Pre-decision estimate: 14% cert probability (95% interval 8%–22%)

Before the decision, about 3.4× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and an Eleventh Circuit decision below.

Question presented

The question presented here is the same as that presented in Concepcion v. United States, No. 20-1650, on which this Court recently granted certiorari: Whether, when deciding if it should “impose a reduced sentence” on an individual under Section 404(b) of the First Step Act of 2018, a district court must or may consider intervening legal developments. (i)

Counsel of record

For petitioner
Catherine Emily Stetson
Hogan Lovells US LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 2 conferences

Order
Order list, June 30, 2022 · Summary disposition

Proceedings

  1. Aug 01 2022
    JUDGMENT ISSUED
  2. Jun 30 2022
    Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Concepcion v. United States, 597 U. S. ___ (2022).
  3. Jun 29 2022
    DISTRIBUTED for Conference of 6/29/2022.
  4. Dec 29 2021
    DISTRIBUTED for Conference of 1/14/2022.
  5. Dec 13 2021
    Memorandum of respondent United States filed.
  6. Nov 12 2021
    Motion to extend the time to file a response is granted and the time is extended to and including December 13, 2021.
  7. Nov 10 2021
    Motion to extend the time to file a response from November 12, 2021 to December 13, 2021, submitted to The Clerk.
  8. Oct 08 2021
    Petition for a writ of certiorari filed. (Response due November 12, 2021)