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Roger E. Pace v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 21-2151 · judgment September 9, 2022


Certiorari denied · March 25, 2024
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Courts interpret statutes by applying Congress’s plain language. In the First Step Act, Congress modified the federal sentencing statute to say that a defendant qualifies for safety-valve relief from a mandatory-minimum sentence if he “does not have” three different qualifiers. Congress enumerated those qualifiers using the conjunctive “and.” Is a defendant who “does not have” all three qualifiers safety-valve-eligible? More specifically, the question presented is whether the “and” in 18 U.S.C. § 3553(f)(1) means “and,” so that a defendant is safety-valve-eligible so long as he does not have (A) more than 4 criminal history points, (B) a 3-point offense, and (C) a 2- point violent offense (as the Fourth, Ninth, and Eleventh Circuits hold), or whether the “and” means “or,” so that a defendant is only safety-valve-eligible if he has none of: (A) more than 4 criminal history points, (B) a 3-point offense, or (C) a 2-point violent offense (as the Fifth, Sixth, Seventh, and Eighth Circuits hold).

Counsel of record

For petitioner
Tom Drysdale
Federal Public Defender

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Mar 25 2024
    Petition DENIED.
  2. Mar 18 2024
    DISTRIBUTED for Conference of 3/22/2024.
  3. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  4. May 01 2023
    Memorandum of respondent United States filed.
  5. Mar 22 2023
    Motion to extend the time to file a response is granted and the time is extended to and including May 1, 2023.
  6. Mar 21 2023
    Motion to extend the time to file a response from March 31, 2023 to May 1, 2023, submitted to The Clerk.
  7. Feb 27 2023
    Petition for a writ of certiorari filed. (Response due March 31, 2023)