Supreme Court of the United States · Official docket →
Timothy I. Carpenter v. United States
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 22-1198 · judgment May 2, 2023
Before the decision, about 3.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Two provisions of the First Step Act (Sections 401 and 403) significantly reduce mandatory minimum sentences for certain federal firearm and drug offenses. First Step Act of 2018, Pub. L. No. 115-391, §§ 401, 403, 132 Stat. 5194, 5220-22 (FSA). These reduced minimums apply to all offenses committed after December 21, 2018, the Act’s date of enactment. As relevant here, they also apply to “any offense that was committed before the date of enactment of this Act, if a sentence for the offense has not been imposed as of such date of enactment.” FSA §§ 401(c), 403(b). The question presented here is: Do the sentencing reforms in Section 403 of the First Step Act apply when a district court sentences an individual whose offense was committed before the Act’s effective date but whose initial sentence was vacated afterwards?
Counsel of record
For petitioner
Jeffrey L. Fisher
Stanford Supreme Court Litigation Clinic
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Amicus briefs
2 cert-stage
Proceedings
- Feb 20 2024Petition DENIED.
- Feb 02 2024Letter from counsel for petitioner calling the Court's attention to a recent Fifth Circuit decision filed.(Distributed)
- Jan 31 2024DISTRIBUTED for Conference of 2/16/2024.
- Jan 31 2024Reply of petitioner Timothy Carpenter filed. (Distributed)
- Jan 26 2024Letter from the Solicitor General filed.
- Jan 17 2024Brief of respondent United States in opposition filed.
- Dec 18 2023Brief amici curiae of American Civil Liberties Union, et al. filed.
- Dec 18 2023Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Dec 13 2023Motion to extend the time to file a response is granted and the time is extended to and including January 17, 2024.
- Dec 12 2023Motion to extend the time to file a response from December 18, 2023 to January 17, 2024, submitted to The Clerk.
- Nov 15 2023Petition for a writ of certiorari filed. (Response due December 18, 2023)