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Johnnie Markel Carter v. United States
Paid petition · United States Court of Appeals for the Third Circuit, No. 24-1115 · judgment December 2, 2024
Before the decision, about 6.2× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, a petition filed soon after the judgment below, and counsel with five or more prior petitions here.
Question presented
Congress empowered district courts to reduce sentences of federal prisoners for "extraordinary and compelling reasons." Congress did not define the terms "extraordinary and compelling" but instead expressly delegated to the United States Sentencing Commission the authority to describe what types of circumstances qualify. Exercising that authority, the Sentencing Commission adopted a provision, Section 1B1.13(b)(6), that permits district courts to consider a sentence reduction where, among other things, the defendant has served at least ten years of an unusually long sentence and a nonretroactive change in law produces a "gross disparity" between that sentence and the one likely to be imposed at the time of the motion. The Courts of Appeals are divided on the question presented here: Whether the Sentencing Commission acted within its expressly delegated authority by permitting district courts to consider, in narrowly cabined circumstances, a nonretroactive change in law in determining whether "extraordinary and compelling reasons" warrant a sentence reduction. CONSOLIDATED FOR ONE HOUR ORAL ARGUMENT WITH 24-820.
Counsel of record
For petitioner
David A. O'Neil
Debevoise & Plimpton LLP
For respondent
D. John Sauer
Solicitor General
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.
- Sep 30 2025CIRCULATED
- 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 12 2025SET FOR ARGUMENT on Wednesday, November 12, 2025. VIDED.
- Jun 06 2025Petition GRANTED. The petition for a writ of certiorari in No. 24-820 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
- Jun 02 2025DISTRIBUTED for Conference of 6/5/2025.
- May 28 2025Supplemental brief of petitioner Johnnie Markel Carter filed.
- May 14 2025Reply of petitioner Johnnie Markel Carter filed. Distributed
- May 13 2025DISTRIBUTED for Conference of 5/29/2025.
- 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 of respondent United States in support filed.
- Apr 11 2025Motion to extend the time to file a response is granted and the time is further extended to and including May 5, 2025.
- Apr 10 2025Motion to extend the time to file a response from April 14, 2025 to May 5, 2025, submitted to The Clerk.
- Mar 13 2025Brief amici curiae of Former Bureau of Prisons Officials filed.
- Mar 06 2025Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2025.
- Mar 05 2025Motion to extend the time to file a response from March 13, 2025 to April 14, 2025, submitted to The Clerk.
- Mar 04 2025Brief amici curiae of Clinical Law Professors filed.
- Feb 28 2025Brief amicus curiae of Families Against Mandatory Minimums (FAMM) filed.
- Feb 11 2025Petition for a writ of certiorari filed. (Response due March 13, 2025)