Supreme Court of the United States · Official docket →
Ronald Bruce Myers v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 23-1034 · judgment May 6, 2025
(petition-stage, structural)
About 4.7× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a circuit split argued in the petition, and a Ninth Circuit decision below.
Question presented
This case presents a square and acknowledged conflict over an important question of federal criminal law. Section 3664(n) requires an incarcerated defendant who “receives substantial resources from any source” to apply “the value of such resources” to restitution. 18 U.S.C. § 3664(n). The First, Fifth, Sixth, and Eighth Circuits have held that § 3664(n) does not reach modest funds merely because they accumulate over time. A divided Ninth Circuit held the opposite, allowing the government to aggregate years of modest deposits from family and friends and seize them once the inmate’s account balance becomes substantial. Four judges dissented from the denial of rehearing en banc. They explained that the case “involves questions of exceptional national importance for prison management, inmates, and the courts,” and that the panel’s decision “creates a circuit split in an area of law which is best applied uniformly nationwide.” Three more judges wrote separately to express that “[a] principled reading of the statute does not support [the panel’s] result.” The panel’s rule follows inmates sentenced in the Ninth Circuit wherever the Bureau of Prisons houses them, subjecting inmates in the same federal prisons to different restitution regimes based solely on where they were sentenced. The question presented is: Whether 18 U.S.C. § 3664(n), which requires an incarcerated defendant who “receives substantial resources” to apply them to restitution, applies only when the defendant receives resources that are substantial at the time of receipt, or also permits the government to aggregate modest, periodic deposits over time and seize them once the inmate’s trust-account balance becomes substantial.
Counsel of record
For petitioner
Andrew Timothy Tutt
Trial Lawyers for Justice
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
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Linked docket
25A1407
Proceedings
- Oct 15 2026Motion to extend the time to file a response is granted and the time is further extended to and including November 27, 2026.
- Oct 14 2026Motion to extend the time to file a response from October 28, 2026 to November 27, 2026, submitted to The Clerk.
- Sep 29 2026Motion to extend the time to file a response is granted and the time is extended to and including October 28, 2026.
- Sep 25 2026Motion to extend the time to file a response from September 28, 2026 to October 28, 2026, submitted to The Clerk.
- Aug 24 2026Petition for a writ of certiorari filed. (Response due September 28, 2026)
- Jun 17 2026Application (25A1407) granted by Justice Kagan extending the time to file until August 24, 2026.
- Jun 12 2026Application (25A1407) to extend the time to file a petition for a writ of certiorari from June 25, 2026 to August 24, 2026, submitted to Justice Kagan.