Supreme Court of the United States · Official docket →
Corey Deyon Duffey and Jarvis Dupree Ross 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 4× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.
Question presented
Consolidated with 23-1002. The question presented here is the same as that presented in Hewitt v. United States, No. 23-1002: Whether the First Step Act's sentencing reduction provisions apply to a defendant originally sentenced before the First Step Act's enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the First Step Act's enactment.
Counsel of record
For petitioner
Jo-Ann Tamila Sagar
Hogan Lovells US LLP
For respondent
D. John Sauer
Solicitor General
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 03 2024CIRCULATED
- 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.
- Oct 31 2024SET FOR ARGUMENT on Monday, January 13, 2025. 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. 23-1002 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 04 2024Reply of petitioners Corey Duffey, et al. 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.
- May 15 2024Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
- May 14 2024Motion to extend the time to file a response from May 23, 2024 to May 29, 2024, submitted to The Clerk.
- Apr 19 2024Petition for a writ of certiorari filed. (Response due May 23, 2024)