Duffey v. United States

Consolidated with Hewitt v. United States (23-1002)

Docket No.23-1150

Op. Below5th Cir.

ArgumentJan 13, 2025

Vote5-4

AuthorKetanji Brown Jackson

OpinionJun 26, 2025

TermOctober Term 2024

SCOTUS Page Opinion

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 Ketanji Brown Jackson on Jun 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.

Proceedings & orders timeline

Apr 19, 2024

Petition for a writ of certiorari filed. (Response due May 23, 2024)May 14, 2024

Motion to extend the time to file a response from May 23, 2024 to May 29, 2024, submitted to The Clerk.

May 15, 2024

Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.

May 29, 2024

Brief of respondent United States in opposition filed. VIDED.May 30, 2024

Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.

Jun 4, 2024

DISTRIBUTED for Conference of 6/20/2024.

Jun 4, 2024

Reply of petitioners Corey Duffey, et al. filed. (Distributed)

Jun 28, 2024

DISTRIBUTED for Conference of 7/1/2024.

Jul 2, 2024

Petition 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.

Jul 2, 2024

Because 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.”

Jul 26, 2024

Michael 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.

Oct 31, 2024

SET FOR ARGUMENT on Monday, January 13, 2025. VIDED.

Nov 4, 2024

Record requested from the United States Court of Appeals for the Fifth Circuit.

Nov 12, 2024

Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.

Dec 3, 2024

CIRCULATED

Jan 13, 2025

Argued. 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.

Jun 26, 2025

Judgment 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.

Jul 28, 2025

Judgment Issued.

Recommended Citation: Duffey v. United States, SCOTUSblog, https://www.scotusblog.com/cases/duffey-v-united-states/