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Brandon Phillips v. United States
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 23-2678 · judgment December 23, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In 2022, the citizens of Missouri adopted an amendment to the Missouri Constitution that legalizes marijuana consumption and mandates the retroactive expungement of most prior marijuanarelated convictions. Although the Missouri courts have expunged and vacated Petitioner’s prior marijuana convictions pursuant to the Amendment, the Eighth Circuit nevertheless affirmed a federal sentence that counted the now-expunged marijuana offenses in calculating the Sentencing Guidelines’ range for a violation of 18 U.S.C. § 922(g)(1). Petitioner is subject to a Guidelines range of 41 to 51 months without counting the vacated convictions. The district court imposed a 120-month sentence. The questions presented are:
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Whether a sentencing court, in considering whether a prior state-law conviction has been “expunged” within the meaning of Sentencing Guideline § 4A1.2(j), should apply the plain meaning of that term.
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Whether a district court’s statement that “it would impose the same sentence” regardless of the correct Guidelines range is sufficient to render any procedural error harmless, even when (1) the court did not rule on a defendant’s Guidelines objection, and (2) the sentence imposed was several times greater than the applicable Guidelines range.
Counsel of record
For petitioner
Paul Enriquez
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 03 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 03 2025Reply of petitioner Brandon Phillips filed. (Distributed)
- Nov 17 2025Brief of respondent United States in opposition filed.
- Oct 15 2025Motion to extend the time to file a response is granted and the time is further extended to and including November 17, 2025.
- Oct 14 2025Motion to extend the time to file a response from October 20, 2025 to November 17, 2025, submitted to The Clerk.
- Sep 12 2025Motion to extend the time to file a response is granted and the time is extended to and including October 20, 2025.
- Sep 11 2025Motion to extend the time to file a response from September 18, 2025 to October 20, 2025, submitted to The Clerk.
- Aug 19 2025Response Requested. (Due September 18, 2025)
- Jul 16 2025DISTRIBUTED for Conference of 9/29/2025.
- Jul 08 2025Waiver of right of respondent United States to respond filed.
- Jun 18 2025Petition for a writ of certiorari filed. (Response due July 23, 2025)
- May 19 2025Application (24A1015) granted by Justice Kavanaugh extending the time to file until June 18, 2025.
- May 15 2025Application (24A1015) to extend further the time from May 28, 2025 to June 18, 2025, submitted to Justice Kavanaugh.
- Apr 21 2025Application (24A1015) granted by Justice Kavanaugh extending the time to file until May 28, 2025.
- Apr 17 2025Application (24A1015) to extend the time to file a petition for a writ of certiorari from April 28, 2025 to May 28, 2025, submitted to Justice Kavanaugh.