Supreme Court of the United States · Official docket →
Dwayne Ferguson v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-6733 · judgment November 29, 2022
Before the decision, about 2.4× 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 a petition citing three to ten dissents.
Question presented
Whether 28 U.S.C. § 2255 limits a district court’s discretion to consider—among other circumstancespecific factors—legal errors in prior proceedings as “extraordinary and compelling reasons” warranting a sentence reduction under 18 U.S.C. § 3582(c)(1)(A) as amended by the First Step Act.
Counsel of record
For petitioner
Brian Wolfman
Georgetown Law Appellate Courts Immersion Clinic
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
Linked docket
22A760
Order
Order list, February 26, 2024 · Certiorari denied
Proceedings
- Feb 26 2024Petition DENIED.
- Feb 07 2024DISTRIBUTED for Conference of 2/23/2024.
- Nov 21 2023Reply of petitioner Dwayne Ferguson filed.
- Nov 01 2023Brief of respondent United States in opposition filed.
- Sep 11 2023Motion to extend the time to file a response is granted and the time is further extended to and including November 6, 2023.
- Sep 08 2023Motion to extend the time to file a response from October 2, 2023 to November 6, 2023, submitted to The Clerk.
- Aug 28 2023Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2023.
- Aug 24 2023Motion to extend the time to file a response from September 1, 2023 to October 2, 2023, submitted to The Clerk.
- Aug 02 2023Response Requested. (Due September 1, 2023)
- Jul 05 2023DISTRIBUTED for Conference of 9/26/2023.
- Jun 27 2023Waiver of right of respondent United States to respond filed.
- May 24 2023Petition for a writ of certiorari filed. (Response due July 17, 2023)
- Feb 23 2023Application (22A760) granted by The Chief Justice extending the time to file until May 26, 2023.
- Feb 16 2023Application (22A760) to extend the time to file a petition for a writ of certiorari from March 28, 2023 to May 26, 2023, submitted to The Chief Justice.