Concepcion v. United States

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

Announcement of orders and opinions for Monday, June 27 (complete) (Angie Gou, June 27, 2022)
Justices will weigh district courts discretion under major 2018 sentencing-reform law (James Romoser, January 19, 2022)
Justices set January argument calendar (Amy Howe, November 18, 2021)
Justices add five new cases to their docket from long conference, including Cruz campaign case (Amy Howe, September 30, 2021)

Date	Proceedings and Orders (key to color coding)
05/24/2021	Petition for a writ of certiorari filed. (Response due June 25, 2021)
06/21/2021	Motion to extend the time to file a response from June 25, 2021 to July 26, 2021, submitted to The Clerk.
06/22/2021	Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2021.
07/19/2021	Motion to extend the time to file a response from July 26, 2021 to August 25, 2021, submitted to The Clerk.
07/20/2021	Motion to extend the time to file a response is granted and the time is further extended to and including August 25, 2021.
08/25/2021	Brief of respondent United States of America in opposition filed.
09/08/2021	DISTRIBUTED for Conference of 9/27/2021.
09/09/2021	Reply of petitioner Carlos Concepcion filed. (Distributed)
09/30/2021	Petition GRANTED.
10/22/2021	Motion to dispense with printing the joint appendix filed by petitioner Carlos Concepcion.
11/01/2021	Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
11/15/2021	Brief of petitioner Carlos Concepcion filed.
11/17/2021	ARGUMENT SET FOR Wednesday, January 19, 2022.
11/17/2021	Record requested from the U.S.C.A. 1st Circuit.
11/22/2021	Brief amici curiae of Drug Policy Alliance and The Law Enforcement Action Partnership filed.
11/22/2021	Brief amici curiae of FAMM, The National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders filed.
11/22/2021	Brief amicus curiae of Americans for Prosperity Foundation filed.
11/22/2021	Brief amicus curiae of Constitutional Accountability Center filed.
11/22/2021	Brief amici curiae of The Howard University School of Law Civil Rights Clinic; A New Way of Life Reentry Project filed.
11/22/2021	Brief amici curiae of Dr. Karen Swanson, Dr. Byron R. Johnson, and Dr. Sung Joon Jang filed.
11/22/2021	Brief amici curiae of Due Process Institute, American Civil Liberties Union, ACLU of Massachusetts, and Southern Poverty Law Center filed.
11/22/2021	Brief amicus curiae of American Conservative Union Foundation filed.
11/22/2021	Brief amici curiae of The District of Columbia, et al., filed.
11/22/2021	Brief amici curiae of Criminal Law Scholars filed.
12/06/2021	The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer.
12/06/2021	The record from the U.S.D.C. Dist. of Massachusetts is electronic and located on Pacer, the Sealed Appendix is filed electronically.
12/14/2021	CIRCULATED
12/15/2021	Brief of respondent United States filed. (Distributed)
01/07/2022	Reply of petitioner Carlos Concepcion filed. (Distributed)
01/19/2022	Argued. For petitioner: Charles L. McCloud, Washington, D. C. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
06/27/2022	Judgment 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.
07/29/2022	JUDGMENT ISSUED