Supreme Court of the United States · Official docket →
Daniel Rutherford v. United States
Paid petition · United States Court of Appeals for the Third Circuit, No. 23-1904 · judgment November 1, 2024
Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
The compassionate-release statute permits courts to reduce a prisoner's sentence if the court finds that "extraordinary and compelling reasons" warrant relief. 18 U.S.C. § 3582(c)(1)(A). Congress placed only two limits on what can count as an "extraordinary and compelling reason": (1) it must be "consistent with" "applicable policy statements" from the U.S. Sentencing Commission, id.; and (2) "[r]ehabilitation of the defendant alone shall not be considered an extra- ordinary and compelling reason," 28 U.S.C. § 994(t). Sections 401 and 403 of the First Step Act of 2018 reduced penalties for certain drug and firearm offenses going forward. Because of these changes, individuals sentenced today for these offenses often face mandatory minimum terms of imprisonment decades shorter than they would have received before the First Step Act. The question presented is: Whether, as four circuits permit but six others prohibit, a district court may consider disparities created by the First Step Act's prospective changes in sentencing law when deciding if "extraordinary and compelling reasons" warrant a sentence reduction under 18 U.S.C. § 3582(c)(1)(A)(i). CONSOLIDATED FOR ONE HOUR ORAL ARGUMENT WITH 24-860
Counsel of record
For petitioner
Justin Boigon Berg
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
4 cert-stage · 13 merits
(13 supporting pet./neither)
Related
Vide, 24-860
Argument & decision
Argued November 12, 2025 — David C. Frederick · David A. O'Neil · 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 a dissenting opinion, in which Kagan and Jackson, JJ., joined. VIDED.
- Nov 12 2025Argued. For petitioner in 24-820: David C. Frederick, Washington, D. C. For petitioner in 24-860: David A. O'Neil, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
- Oct 27 2025Reply of petitioner Daniel Rutherford filed (as to 24-820). (Distributed)
- Oct 27 2025Reply of petitioner Johnnie Markel Carter filed (as to 24-860). (Distributed)
- Oct 14 2025Motion for divided argument filed by petitioners GRANTED. VIDED.
- Sep 30 2025CIRCULATED
- Sep 29 2025Motion for divided argument filed by petitioners Johnnie Markel Carter. VIDED.
- Sep 25 2025Brief of respondent United States filed. VIDED.
- Sep 02 2025Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk.
- Aug 21 2025Record requested from the United States Court of Appeals for the Third Circuit.
- Aug 18 2025Motion to dispense with printing the joint appendix filed by petitioner Daniel Rutherford GRANTED.
- Aug 18 2025Motion to dispense with printing the joint appendix filed by petitioner Johnnie Markel Carter GRANTED.
- Aug 15 2025Brief amici curiae of NAACP, et al. filed. VIDED.
- Aug 15 2025Brief amici curiae of Senator Cory Booker, et al. filed. VIDED.
- Aug 15 2025Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
- Aug 15 2025Brief amici curiae of Former Commissioners of the United States Sentencing Commission in support of neither party filed. VIDED.
- Aug 15 2025Brief amici curiae of Clinical Law Professors filed. VIDED.
- Aug 15 2025Brief amici curiae of Cato Institute, et al. filed. VIDED.
- Aug 15 2025Brief amici curiae of Former Federal Judges filed (as to 24-820).
- Aug 15 2025Brief amicus curiae of Professor Douglas Berman filed. VIDED.
- Aug 15 2025Brief amicus curiae of National Association of Federal Defenders filed. VIDED.
- Aug 15 2025Brief amicus curiae of New York Council of Defense Lawyers (NYCDL) filed. VIDED.
- Aug 15 2025Brief amici curiae of Families Against Mandatory Minimums (FAMM), et al. filed. VIDED.
- Aug 15 2025Brief amicus curiae of Fortune Society filed (as to 24-860).
- Aug 14 2025Brief amici curiae of Former Corrections Officials filed. VIDED.
- Aug 12 2025SET FOR ARGUMENT on Wednesday, November 12, 2025. VIDED.
- Aug 08 2025Brief of petitioner Daniel Rutherford filed (as to 24-820).
- Aug 08 2025Brief of petitioner Johnnie Markel Carter filed (as to 24-860).
- Jul 08 2025Motion to dispense with printing the joint appendix filed by petitioner (as to 24-860).
- Jul 07 2025Motion to dispense with printing the joint appendix filed by petitioner (as to 24-820).
- Jun 30 2025Motion to extend the time to file the briefs on the merits as to No. 24-820 and No. 24-860 granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 8, 2025. The time to file respondent's brief on the merits is extended to and including September 25, 2025. VIDED.
- Jun 20 2025Motion for an extension of time within which to file the briefs on the merits in No. 24-820 and No. 24-860 filed (also as to No. 24-556). VIDED.
- Jun 06 2025Petition GRANTED. The petition for a writ of certiorari in No. 24-860 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
- Jun 06 2025Because 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. 24-820. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-820. 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 02 2025DISTRIBUTED for Conference of 6/5/2025.
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- May 13 2025Reply of petitioner Daniel Rutherford filed. (Distributed)
- May 12 2025Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 05 2025Brief for the United states filed.
- Apr 03 2025Motion to extend the time to file a response is granted and the time is further extended to and including May 5, 2025.
- Apr 02 2025Motion to extend the time to file a response from April 4, 2025 to May 5, 2025, submitted to The Clerk.
- Mar 05 2025Brief amici curiae of Former Corrections Officials filed.
- Mar 05 2025Brief amici curiae of Former Federal Judges filed.
- Feb 28 2025Brief amici curiae of Clinical Law Professors filed.
- Feb 27 2025Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2025.
- Feb 26 2025Motion to extend the time to file a response from March 5, 2025 to April 4, 2025, submitted to The Clerk.
- Feb 21 2025Brief amicus curiae of Families Against Mandatory Minimums (FAMM) filed.
- Jan 30 2025Petition for a writ of certiorari filed. (Response due March 5, 2025)