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Wolfgang Von Vader v. United States

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 22-1798 · judgment January 24, 2023


Certiorari denied · November 6, 2023
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

18 U.S.C. § 3582(c)(1)(A) provides a “safety valve” through which courts may reduce a defendant’s previously imposed sentence when “extraordinary and compelling reasons warrant such a reduction.” The question presented is: Whether courts may consider changes in the law in assessing whether “extraordinary and compelling reasons” warrant a sentence reduction under section 3582(c)(1)(A).

Counsel of record

For petitioner
Sarah Patricia Hogarth
McDermott Will & Emery LLP

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
23A10

Proceedings

  1. Nov 06 2023
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Oct 18 2023
    DISTRIBUTED for Conference of 11/3/2023.
  3. Oct 10 2023
    Waiver of right of respondent United States to respond filed.
  4. Sep 29 2023
    Petition for a writ of certiorari filed. (Response due November 2, 2023)
  5. Jul 06 2023
    Application (23A10) granted by Justice Barrett extending the time to file until September 29, 2023.
  6. Jun 30 2023
    Application (23A10) to extend the time to file a petition for a writ of certiorari from August 1, 2023 to September 29, 2023, submitted to Justice Barrett.