Supreme Court of the United States · Official docket →
Tony R. Hewitt v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-10265 · judgment February 2, 2024
Before the decision, about 12.4× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel who has won certiorari before, and a Fifth Circuit decision below.
Question presented
Consolidated with 23-1150. The First Step Act (FSA) significantly reduced the mandatory minimum sentences for several federal drug and firearm offenses. First Step Act of 2018, Pub. L. No. 115- 391, §§ 401, 403, 132 Stat. 5194, 5220-5222. Sections 401 and 403 apply to offenses committed after the FSA's enactment on December 21, 2018, and to "any offense that was committed before the date of enactment * * * if a sentence for the offense has not been imposed as of such date of enactment." FSA§§ 401(c), 403(b). There is an acknowledged split between the Third, Seventh, and Ninth Circuits, on the one hand; and the Fifth and Sixth Circuits, on the other hand, on the question whether sections 401(c) and 403(b) apply when a pre-enactment sentence is vacated and the court must impose a new post-enactment sentence. The question presented accordingly is as follows: Whether the First Step Act's sentencing reduction provisions apply to a defendant originally sentenced before the FSA's enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the FSA's enactment.
Counsel of record
For petitioner
Michael B. Kimberly
Winston & Strawn LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage · 3 merits
(3 respondent)
Related
Vide, 23-1150
Argument & decision
Argued January 13, 2025 — Michael B. Kimberly · Masha G. Hansford · Michael H. McGinley. Audio and transcript
Decided June 26, 2025. Opinion by Jackson.
Proceedings
- Jul 28 2025Judgment Issued.
- Jun 26 2025Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion of the Court with respect to Parts I, II, and III, in which Roberts, C. J., and Sotomayor, Kagan, and Gorsuch, JJ., joined, and an opinion with respect to Parts IV and V, in which Sotomayor and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, Kavanaugh, and Barrett, JJ., joined. VIDED.
- Jan 13 2025Argued. For petitioners: Michael B. Kimberly, Washington, D. C. For respondent in support of petitioners: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Michael H. McGinley, Washington, D. C. VIDED.
- Dec 16 2024Reply of petitioner Tony R. Hewitt filed. VIDED. (Distributed)
- Dec 16 2024Reply of petitioners Corey Deyon Duffey and Jarvis Dupree Ross filed. VIDED. (Distributed)
- Dec 16 2024Reply of respondent United States filed. VIDED. (Distributed)
- Dec 09 2024Motion for divided argument filed by the Solicitor General GRANTED. VIDED.
- Dec 03 2024CIRCULATED
- Nov 15 2024Brief of Court-appointed amicus curiae in support of the judgment below filed. VIDED.
- Nov 12 2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Nov 04 2024Record requested from the United States Court of Appeals for the Fifth Circuit.
- Nov 04 2024Motion for divided argument filed by the Solicitor General. VIDED.
- Oct 31 2024SET FOR ARGUMENT on Monday, January 13, 2025. VIDED.
- Oct 07 2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.
- Sep 23 2024Brief amici curiae of Senators Richard J. Durbin, et al. filed. VIDED.
- Sep 23 2024Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED.
- Sep 23 2024Brief amici curiae of The District of Columbia, et al. filed. VIDED.
- Sep 16 2024Brief of respondent United States in support of petitioners filed. VIDED.
- Sep 16 2024Brief of petitioner Tony R. Hewitt filed. VIDED.
- Sep 16 2024Brief of petitioners Corey Deyon Duffey, et al. filed. VIDED.
- Sep 06 2024Motion to dispense with printing the joint appendix filed by petitioners. VIDED.
- Jul 31 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioners' briefs on the merits, and the United States' brief on the merits is extended to and including September 16, 2024. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including November 15, 2024. VIDED.
- Jul 29 2024Motion for an extension of time file the briefs on the merits filed. VIDED.
- Jul 26 2024Michael H. McGinley, Esquire, of Washington, D. C., is invited to brief and argue these cases, as amicus curiae, in support of the judgment below. VIDED.
- Jul 02 2024Petition GRANTED. The petition for a writ of certiorari in No. 23-1150 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
- Jul 02 2024Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-1002. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1002. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
- Jun 03 2024Reply of petitioner Tony R. Hewitt filed. (Distributed)
- May 30 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 29 2024Brief of respondent United States in opposition filed. VIDED.
- Apr 24 2024Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
- Apr 23 2024Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk.
- Apr 11 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Apr 04 2024Brief amici curiae of American Civil Liberties Union, et al. filed.
- Mar 28 2024Response Requested. (Due April 29, 2024)
- Mar 20 2024DISTRIBUTED for Conference of 4/12/2024.
- Mar 18 2024Waiver of right of respondent United States to respond filed.
- Mar 08 2024Petition for a writ of certiorari filed. (Response due April 11, 2024)