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Terrell Anthony Hargrove v. Ian Healy, Warden

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 24-3809 · judgment September 10, 2025


Certiorari denied · April 20, 2026
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Under the First Step Act, eligible individuals who successfully complete qualifying programs or activities are rewarded with “time credits,” which can “be applied toward time in prerelease custody or supervised release.” 18 U.S.C. § 3632(d)(4)(C); see also id. § 3632(a)(6). In the decision below, the Sixth Circuit held that these time credits cannot be used to reduce “time in prerelease custody or supervised release,” but rather to reduce only a term of incarceration. App.4a-5a (citation omitted). The Ninth Circuit has reached the opposite conclusion, noting that courts across the country are fractured on this issue and that “[s]plits in authority are seldom so stark and consequential.” Gonzalez v. Herrera, 151 F.4th 1076, 1081 (9th Cir. 2025). The question presented is: Whether “[t]ime credits” under 18 U.S.C. § 3632(d)(4)(C) may be applied to reduce an individual’s term of supervised release.

Counsel of record

For petitioner
Catherine Adinaro Shusky
Federal Public Defender, Northern District of Ohio

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
25A643

Proceedings

  1. Apr 20 2026
    Petition DENIED.
  2. Apr 01 2026
    DISTRIBUTED for Conference of 4/17/2026.
  3. Mar 31 2026
    Reply of petitioner Terrell Anthony Hargrove filed. (Distributed)
  4. Mar 13 2026
    Brief of respondent Ian Healy, Warden in opposition filed.
  5. Feb 11 2026
    Brief amici curiae of Cato Institute, et al. filed.
  6. Feb 09 2026
    Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2026.
  7. Feb 06 2026
    Motion to extend the time to file a response from February 11, 2026 to March 13, 2026, submitted to The Clerk.
  8. Jan 08 2026
    Petition for a writ of certiorari filed. (Response due February 11, 2026)
  9. Dec 03 2025
    Application (25A643) granted by Justice Kavanaugh extending the time to file until January 8, 2026.
  10. Nov 26 2025
    Application (25A643) to extend the time to file a petition for a writ of certiorari from December 9, 2025 to January 8, 2026, submitted to Justice Kavanaugh.