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Duffey v. United States

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
23-1150 5th Cir. Jan 13, 2025 Jun 26, 2025 5-4 Jackson OT 2024

Holding: Because a sentence “has ... been imposed” for purposes of § 403(b) of the First Step Act only if the sentence is extant (i.e., has not been vacated), the act’s more lenient penalties apply to defendants whose previous sentences have been vacated and who need to be resentenced following the act’s enactment; the judgment of the U.S. Court of Appeals for the 5th Circuit is reversed and the case is remanded.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Jackson on June 26, 2025. Chief Justice Roberts and Justices Sotomayor, Kagan, and Gorsuch joined Parts I, II, and III of the court's opinion, while Sotomayor and Kagan joined Parts IV and V. Justice Alito filed a dissenting opinion, joined by Justices Thomas, Kavanaugh, and Barrett.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
04/19/2024Petition for a writ of certiorari filed. (Response due May 23, 2024)
05/14/2024Motion to extend the time to file a response from May 23, 2024 to May 29, 2024, submitted to The Clerk.
05/15/2024Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
05/29/2024Brief of respondent United States in opposition filed. VIDED.
05/30/2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
06/04/2024DISTRIBUTED for Conference of 6/20/2024.
06/04/2024Reply of petitioners Corey Duffey, et al. filed. (Distributed)
06/28/2024DISTRIBUTED for Conference of 7/1/2024.
07/02/2024Petition GRANTED. The petition for a writ of certiorari in No. 23-1002 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.
07/02/2024Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 23-1002. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 23-1002. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
07/26/2024Michael H. McGinley, Esquire, of Washington, D. C., is invited to brief and argue these cases, as amicus curiae, in support of the judgment below. VIDED.
10/31/2024SET FOR ARGUMENT on Monday, January 13, 2025. VIDED.
11/04/2024Record requested from the United States Court of Appeals for the Fifth Circuit.
11/12/2024Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
12/03/2024CIRCULATED
01/13/2025Argued. For petitioners: Michael B. Kimberly, Washington, D. C. For respondent in support of petitioners: Masha G. Hansford, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: Michael H. McGinley, Washington, D. C. VIDED.
06/26/2025Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion of the Court with respect to Parts I, II, and III, in which Roberts, C. J., and Sotomayor, Kagan, and Gorsuch, JJ., joined, and an opinion with respect to Parts IV and V, in which Sotomayor and Kagan, JJ., joined. Alito, J., filed a dissenting opinion, in which Thomas, Kavanaugh, and Barrett, JJ., joined. VIDED.