Supreme Court of the United States · Official docket →
Duane Letroy Berry v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 24-6385 · judgment June 24, 2025
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
-
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
-
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
- May 26 2026Petition DENIED.
- May 18 2026DISTRIBUTED for Conference of 5/21/2026.
- May 13 2026Rescheduled.
- Apr 28 2026DISTRIBUTED for Conference of 5/14/2026.
- Apr 28 2026Reply of petitioner Duane Berry filed. (Distributed)
- Apr 13 2026Brief of respondent United States in opposition filed.
- Mar 09 2026Motion to extend the time to file a response is granted and the time is extended to and including April 13, 2026.
- Mar 06 2026Motion to extend the time to file a response from March 13, 2026 to April 13, 2026, submitted to The Clerk.
- Feb 11 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 11 2026Response Requested. (Due March 13, 2026)
- Feb 06 2026Waiver of right of respondent United States to respond filed.
- Feb 04 2026Brief amici curiae of Cato Institute, et al. filed.
- Jan 12 2026Motion (25M50) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
- Dec 23 2025Motion (25M50) DISTRIBUTED for Conference of 1/9/2026.
- Nov 21 2025Motion (25M50) of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
- Nov 21 2025Petition for a writ of certiorari filed. (Response due February 13, 2026)