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Joe Fernandez v. United States
Paid petition · United States Court of Appeals for the Second Circuit, No. 22-3122 · judgment June 11, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Under 18 U.S.C. § 3582(c)(1)(A), a district court has broad discretion to reduce the term of imprisonment in any case if it finds that "extraordinary and compelling reasons warrant such a reduction." The sole limitation Congress placed on that discretion is found in 18 U.S.C. § 994(t), which provides that "[r]ehabilitation of the defendant alone shall not be considered an extraordinary and compelling reason." In reversing the district court's grant of compassionate release to Joe Fernandez, the Second Circuit held that it was an abuse of discretion for the court to have considered evidence bearing on Fernandez's potential innocence as well to have found a disparity in sentences between Fernandez and several of his co-defendants who were cooperating witnesses. That decision was contrary to decisions of the First and Ninth Circuits, which have each held that district courts are not restricted with respect to matters they may consider under 18 U.S.C. § 3582(c)(1)(A) other than as set forth by Congress. The question presented is: Whether the Second Circuit erred in recognizing extra-textual limitations on what information a court may consider when determining whether there exist extraordinary and compelling reasons warranting a sentence reduction under 18 U.S.C. § 3582(c)(1) (A). THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER A COMBINATION OF “EXTRAORDINARY AND COMPELLING REASONS” THAT MAY WARRANT A DISCRETIONARY SENTENCE REDUCTION UNDER 18 U. S. C. §3582(c)(1)(A) CAN INCLUDE REASONS THAT MAY ALSO BE ALLEGED AS GROUNDS FOR VACATUR OF A SENTENCE UNDER 28 U. S. C. §2255.
Counsel of record
For petitioner
Benjamin Gruenstein
Cravath, Swaine & Moore LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
6 merits
(6 supporting pet./neither)
Argument & decision
Argued November 12, 2025 — Benjamin Gruenstein · Eric J. Feigin. Audio and transcript
Decided May 28, 2026. Opinion by Barrett.
Proceedings
- Jun 29 2026Judgment Issued.
- May 28 2026Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment, in which Kagan, J., joined. Jackson, J., filed a dissenting opinion.
- Nov 12 2025Argued. For petitioner: Benjamin Gruenstein, New York, N. Y. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
- Oct 27 2025Reply of petitioner Joe Fernandez filed. (Distributed)
- Sep 30 2025CIRCULATED
- Sep 25 2025Brief of respondent United States filed.
- Sep 10 2025Sealed material received from the United States District Court for the Southern District of New York and available with the Clerk (one envelope). The remainder of the record is electronic and is available with the Clerk.
- Aug 25 2025Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
- Aug 21 2025Record requested from the United States Court of Appeals for the Second Circuit.
- Aug 12 2025SET FOR ARGUMENT on Wednesday, November 12, 2025.
- Aug 11 2025Brief amicus curiae of New York Council of Defense Lawyers filed.
- Aug 11 2025Brief amici curiae of Senator Richard J. Durbin, et al. filed.
- Aug 11 2025Brief amici curiae of FAMM, et al. filed.
- Aug 11 2025Brief amicus curiae of Constitutional Accountability Center filed.
- Aug 11 2025Brief amicus curiae of Wolfgang Von Vader filed.
- Aug 11 2025Brief amicus curiae of Professor Douglas Berman filed.
- Aug 04 2025Brief of petitioner Joe Fernandez filed.
- Aug 04 2025Joint appendix filed.
- Jun 30 2025Motion to extend the time to file the briefs on the merits in No. 24-556 granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 4, 2025. The time to file respondent's brief on the merits is extended to and including September 25, 2025.
- Jun 20 2025Motion for an extension of time within which to file the briefs on the merits in No. 24-556 (also as to No. 24-820 & 24-860) filed.
- May 27 2025Petition GRANTED limited to the following question: Whether a combination of “extraordinary and compelling reasons” that may warrant a discretionary sentence reduction under 18 U.S.C. §3582(c)(1)(A) can include reasons that may also be alleged as grounds for vacatur of a sentence under 28 U.S.C. §2255.
- May 19 2025DISTRIBUTED for Conference of 5/22/2025.
- Apr 23 2025DISTRIBUTED for Conference of 5/15/2025.
- Feb 24 2025Reply of petitioner Joe Fernandez filed.
- Feb 07 2025Brief of respondent United States in opposition filed.
- Jan 07 2025Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2025
- Jan 03 2025Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.
- Dec 09 2024Response Requested. (Due January 8, 2025)
- Dec 04 2024DISTRIBUTED for Conference of 1/10/2025.
- Nov 29 2024Waiver of right of respondent United States to respond filed.
- Nov 13 2024Petition for a writ of certiorari filed. (Response due December 18, 2024)