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.
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| Date | Proceedings and Orders |
|---|---|
| 11/13/2024 | Petition for a writ of certiorari filed. (Response due December 18, 2024) |
| 11/29/2024 | Waiver of right of respondent United States to respond filed. |
| 12/04/2024 | DISTRIBUTED for Conference of 1/10/2025. |
| 12/09/2024 | Response Requested. (Due January 8, 2025) |
| 01/03/2025 | Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk. |
| 01/07/2025 | Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2025 |
| 02/07/2025 | Brief of respondent United States in opposition filed. |
| 02/24/2025 | Reply of petitioner Joe Fernandez filed. |
| 04/23/2025 | DISTRIBUTED for Conference of 5/15/2025. |
| 05/19/2025 | DISTRIBUTED for Conference of 5/22/2025. |
| 05/27/2025 | Petition 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. |
| 06/20/2025 | Motion 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. |
| 06/30/2025 | Motion 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. |
| 08/04/2025 | Brief of petitioner Joe Fernandez filed. |
| 08/04/2025 | Joint appendix filed. |
| 08/11/2025 | Brief amicus curiae of New York Council of Defense Lawyers filed. |
| 08/11/2025 | Brief amici curiae of Senator Richard J. Durbin, et al. filed. |
| 08/11/2025 | Brief amici curiae of FAMM, et al. filed. |
| 08/11/2025 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 08/11/2025 | Brief amicus curiae of Wolfgang Von Vader filed. |
| 08/11/2025 | Brief amicus curiae of Professor Douglas Berman filed. |
| 08/12/2025 | SET FOR ARGUMENT on Wednesday, November 12, 2025. |
| 08/21/2025 | Record requested from the United States Court of Appeals for the Second Circuit. |
| 08/25/2025 | Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk. |
| 09/10/2025 | Sealed 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. |
| 09/25/2025 | Brief of United States submitted. |