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Duane Letroy Berry v. United States

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 24-6385 · judgment June 24, 2025


Certiorari denied · May 26, 2026
Pre-decision estimate: 3% cert probability

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

Questions presented

Congress has enacted several statutes that collectively provide for the involuntary civil commitment of certain individuals in “the custody” of the federal government. See 18 U.S.C. § 4246(a); see also §§ 4241- 4248. In United States v. Comstock, 560 U.S. 126 (2010), this Court examined the statutory scheme and concluded that Congress did not trespass constitutional limits in enacting the scheme because “[a]s the Solicitor General repeatedly confirmed at oral argument,” the statutes’ “reach is limited to individuals already ‘in the custody of the’ Federal Government.” Id. at

  1. All parties thus agreed that, unless a person is “either charged with or convicted of” a federal offense, the federal government cannot commit him. Id. at

  2. Anything more would “confer[] on Congress a general ‘police power, which the Founders denied the National Government and reposed in the States.’” Id. at 148. Petitioner Duane Letroy Berry stands neither charged with nor convicted of a federal offense. Yet the federal government sought and obtained his commitment. The Fourth Circuit affirmed the commitment order because Berry had previously been charged with a crime, and despite the charge’s dismissal months prior to his commitment, Berry remained in the federal government’s physical custody. The question presented is: Whether 18 U.S.C. § 4246(a) exceeds the constitutional limits of Congress’s powers insofar as it permits the federal government to civilly commit a person who (i)

Counsel of record

For petitioner
Jo-Ann Tamila Sagar
Hogan Lovells US LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 4 conferences

Amicus briefs
1 merits
(1 supporting pet./neither)

Linked docket
25M50

Proceedings

  1. May 26 2026
    Petition DENIED.
  2. May 18 2026
    DISTRIBUTED for Conference of 5/21/2026.
  3. May 13 2026
    Rescheduled.
  4. Apr 28 2026
    DISTRIBUTED for Conference of 5/14/2026.
  5. Apr 28 2026
    Reply of petitioner Duane Berry filed. (Distributed)
  6. Apr 13 2026
    Brief of respondent United States in opposition filed.
  7. Mar 09 2026
    Motion to extend the time to file a response is granted and the time is extended to and including April 13, 2026.
  8. Mar 06 2026
    Motion to extend the time to file a response from March 13, 2026 to April 13, 2026, submitted to The Clerk.
  9. Feb 11 2026
    DISTRIBUTED for Conference of 2/27/2026.
  10. Feb 11 2026
    Response Requested. (Due March 13, 2026)
  11. Feb 06 2026
    Waiver of right of respondent United States to respond filed.
  12. Feb 04 2026
    Brief amici curiae of Cato Institute, et al. filed.
  13. Jan 12 2026
    Motion (25M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  14. Dec 23 2025
    Motion (25M50) DISTRIBUTED for Conference of 1/9/2026.
  15. Nov 21 2025
    Motion (25M50) of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  16. Nov 21 2025
    Petition for a writ of certiorari filed. (Response due February 13, 2026)