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Fernandez v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
24-556 2nd Cir. Nov 12, 2025 TBD TBD TBD OT 2025

Issue: Whether a combination of “extraordinary and compelling reasons” that may warrant a discretionary sentence reduction under 18 U.S.C. § 3582(c)(1)(A) can include reasons that may also be alleged as grounds for vacatur of a sentence under 28 U.S.C. § 2255.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
11/13/2024Petition for a writ of certiorari filed. (Response due December 18, 2024)
11/29/2024Waiver of right of respondent United States to respond filed.
12/04/2024DISTRIBUTED for Conference of 1/10/2025.
12/09/2024Response Requested. (Due January 8, 2025)
01/03/2025Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.
01/07/2025Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2025
02/07/2025Brief of respondent United States in opposition filed.
02/24/2025Reply of petitioner Joe Fernandez filed.
04/23/2025DISTRIBUTED for Conference of 5/15/2025.
05/19/2025DISTRIBUTED for Conference of 5/22/2025.
05/27/2025Petition GRANTED limited to the following question: Whether a combination of “extraordinary and compelling reasons” that may warrant a discretionary sentence reduction under 18 U.S.C. §3582(c)(1)(A) can include reasons that may also be alleged as grounds for vacatur of a sentence under 28 U.S.C. §2255.
06/20/2025Motion for an extension of time within which to file the briefs on the merits in No. 24-556 (also as to No. 24-820 & 24-860) filed.
06/30/2025Motion to extend the time to file the briefs on the merits in No. 24-556 granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 4, 2025. The time to file respondent's brief on the merits is extended to and including September 25, 2025.
08/04/2025Brief of petitioner Joe Fernandez filed.
08/04/2025Joint appendix filed.
08/11/2025Brief amicus curiae of New York Council of Defense Lawyers filed.
08/11/2025Brief amici curiae of Senator Richard J. Durbin, et al. filed.
08/11/2025Brief amici curiae of FAMM, et al. filed.
08/11/2025Brief amicus curiae of Constitutional Accountability Center filed.
08/11/2025Brief amicus curiae of Wolfgang Von Vader filed.
08/11/2025Brief amicus curiae of Professor Douglas Berman filed.
08/12/2025SET FOR ARGUMENT on Wednesday, November 12, 2025.
08/21/2025Record requested from the United States Court of Appeals for the Second Circuit.
08/25/2025Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
09/10/2025Sealed material received from the United States District Court for the Southern District of New York and available with the Clerk (one envelope). The remainder of the record is electronic and is available with the Clerk.
09/25/2025Brief of respondent United States filed.
09/30/2025CIRCULATED
10/27/2025Reply of petitioner Joe Fernandez filed. (Distributed)
11/12/2025Argued. For petitioner: Benjamin Gruenstein, New York, N. Y. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.