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Terry v. United States

Docket No. Op. Below Argument Opinion Vote Author Term
20-5904 11th Cir. May 4, 2021 Jun 14, 2021 9-0 Thomas OT 2020

Holding: A sentence reduction under the First Step Act is available only if an offender’s prior conviction of a crack cocaine offense triggered a mandatory minimum sentence.

Judgment: Affirmed, 9-0, in an opinion by Justice Thomas on June 14, 2021. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment.

DateProceedings and Orders (key to color coding)
Sep 28 2020Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2020)
Oct 28 2020Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk.
Oct 29 2020Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020.
Dec 04 2020Brief of respondent United States in opposition filed. (Distributed)
Dec 07 2020Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
Dec 09 2020Reply of petitioner Tarahrick Terry filed. (Distributed)
Dec 10 2020DISTRIBUTED for Conference of 1/8/2021.
Jan 08 2021Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jan 28 2021Motion to dispense with printing the joint appendix filed by petitioner Tarahrick Terry.
Jan 28 2021Blanket Consent filed by Petitioner, Tarahrick Terry
Feb 12 2021Brief of petitioner Tarahrick Terry filed.
Feb 19 2021Brief amicus curiae of Constitutional Accountability Center filed.
Feb 19 2021Brief amicus curiae of Americans for Prosperity Foundation filed.
Feb 19 2021Brief amici curiae of American Conservative Union & ACU Foundation, et al. filed.
Feb 19 2021Brief amici curiae of District of Columbia, et al. filed.
Feb 19 2021Brief amici curiae of Senators Richard J. Durbin, et al. filed.
Feb 19 2021Brief amici curiae of Retired Federal Judges, Former Federal Prosecutors, et al. filed.
Feb 19 2021Brief amici curiae of ACLU, et al. filed.
Feb 22 2021Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 12 2021SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15 2021Letter of respondent United States filed. (Distributed)
Mar 15 2021Letter of petitioner Tarahrick Terry filed. (Distributed)
Mar 15 2021Record requested.
Mar 15 2021The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Mar 17 2021The record from the U.S.D.C. Southern Dist. of Florida is electronic and located on Pacer.
Mar 19 2021The case is removed from the calendar for the March 2021 argument session. Adam K. Mortara, Esquire, of Chicago, Illinois, is invited to brief and argue, as amicus curiae, in support of the judgment below. The case will be rescheduled for argument this Term.
Mar 25 2021The brief of the Court-appointed amicus curiae in support of the judgment below, and any other briefs of amicus curiae in support, are to be filed on or before Tuesday, April 13, 2021. Any reply brief is to be filed with the Clerk and served upon opposing counsel on or before 2 p.m., Wednesday, April 28, 2021. The case is set for oral argument on Tuesday, May 4, 2021.
Mar 25 2021SET FOR ARGUMENT on Tuesday, May 4, 2021.
Mar 30 2021CIRCULATED
Mar 31 2021Motion for leave to file a brief out of time filed by respondent.
Mar 31 2021Motion for divided argument filed by respondent in support of reversal.
Apr 05 2021Motion of respondent for leave to file a brief out of time GRANTED.
Apr 05 2021Motion for divided argument filed by respondent GRANTED.
Apr 13 2021Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
Apr 27 2021Reply of petitioner Tarahrick Terry filed. (Distributed)
Apr 28 2021Reply of respondent United States filed. (Distributed)
May 04 2021Argued. For petitioner: Andrew L. Adler, Ft. Lauderdale, Fla. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: Adam K. Mortara, Chicago, Ill.
Jun 14 2021Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Alito, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in part and concurring in the judgment.