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Concepcion v. United States

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Docket No. Op. Below Argument Opinion Vote Author Term
20-1650 1st Cir. Jan 19, 2022 Jun 27, 2022 5-4 Sotomayor OT 2021

Holding: Section 404(b) of the First Step Act of 2018 allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Sotomayor on June 27, 2022. Justice Kavanaugh filed a dissenting opinion, in which Chief Justice Roberts and Justices Alito and Barrett joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
May 24 2021Petition for a writ of certiorari filed. (Response due June 25, 2021)
Jun 21 2021Motion to extend the time to file a response from June 25, 2021 to July 26, 2021, submitted to The Clerk.
Jun 22 2021Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2021.
Jul 19 2021Motion to extend the time to file a response from July 26, 2021 to August 25, 2021, submitted to The Clerk.
Jul 20 2021Motion to extend the time to file a response is granted and the time is further extended to and including August 25, 2021.
Aug 25 2021Brief of respondent United States of America in opposition filed.
Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
Sep 09 2021Reply of petitioner Carlos Concepcion filed. (Distributed)
Sep 30 2021Petition GRANTED.
Oct 22 2021Motion to dispense with printing the joint appendix filed by petitioner Carlos Concepcion.
Nov 01 2021Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Nov 15 2021Brief of petitioner Carlos Concepcion filed.
Nov 17 2021ARGUMENT SET FOR Wednesday, January 19, 2022.
Nov 17 2021Record requested from the U.S.C.A. 1st Circuit.
Nov 22 2021Brief amici curiae of Drug Policy Alliance and The Law Enforcement Action Partnership filed.
Nov 22 2021Brief amici curiae of FAMM, The National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders filed.
Nov 22 2021Brief amicus curiae of Americans for Prosperity Foundation filed.
Nov 22 2021Brief amicus curiae of Constitutional Accountability Center filed.
Nov 22 2021Brief amici curiae of The Howard University School of Law Civil Rights Clinic; A New Way of Life Reentry Project filed.
Nov 22 2021Brief amici curiae of Dr. Karen Swanson, Dr. Byron R. Johnson, and Dr. Sung Joon Jang filed.
Nov 22 2021Brief amici curiae of Due Process Institute, American Civil Liberties Union, ACLU of Massachusetts, and Southern Poverty Law Center filed.
Nov 22 2021Brief amicus curiae of American Conservative Union Foundation filed.
Nov 22 2021Brief amici curiae of The District of Columbia, et al., filed.
Nov 22 2021Brief amici curiae of Criminal Law Scholars filed.
Dec 06 2021The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer.
Dec 06 2021The record from the U.S.D.C. Dist. of Massachusetts is electronic and located on Pacer, the Sealed Appendix is filed electronically.
Dec 14 2021CIRCULATED
Dec 15 2021Brief of respondent United States filed. (Distributed)
Jan 07 2022Reply of petitioner Carlos Concepcion filed. (Distributed)
Jan 19 2022Argued. For petitioner: Charles L. McCloud, Washington, D. C. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 27 2022Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Thomas, Breyer, Kagan, and Gorsuch, JJ., joined. Kavanaugh, J., filed a dissenting opinion, in which Roberts, C. J., and Alito and Barrett, JJ., joined.
Jul 29 2022JUDGMENT ISSUED