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 1.9× 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 dissent in the court below (flagged in the petition).
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
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.