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Terry v. United States

Docket No.20-5904
Op. Below11th Cir.
ArgumentMay 4, 2021

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 Clarence Thomas on Jun 14, 2021. Justice Sotomayor filed an opinion concurring in part and concurring in the judgment.

Proceedings & orders timeline

Sep 28, 2020
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2020)
Oct 28, 2020
Motion to extend the time to file a response from November 4, 2020 to December 4, 2020, submitted to The Clerk.
Oct 29, 2020
Motion to extend the time to file a response is granted and the time is extended to and including December 4, 2020.
Dec 4, 2020
Brief of respondent United States in opposition filed. (Distributed)
Dec 7, 2020
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
Dec 9, 2020
Reply of petitioner Tarahrick Terry filed. (Distributed)
Dec 10, 2020
DISTRIBUTED for Conference of 1/8/2021.
Jan 8, 2021
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jan 28, 2021
Motion to dispense with printing the joint appendix filed by petitioner Tarahrick Terry.
Jan 28, 2021
Blanket Consent filed by Petitioner, Tarahrick Terry
Feb 12, 2021
Brief of petitioner Tarahrick Terry filed.
Feb 19, 2021
Brief amicus curiae of Constitutional Accountability Center filed.
Feb 19, 2021
Brief amicus curiae of Americans for Prosperity Foundation filed.
Feb 19, 2021
Brief amici curiae of American Conservative Union & ACU Foundation, et al. filed.
Feb 19, 2021
Brief amici curiae of District of Columbia, et al. filed.
Feb 19, 2021
Brief amici curiae of Senators Richard J. Durbin, et al. filed.
Feb 19, 2021
Brief amici curiae of Retired Federal Judges, Former Federal Prosecutors, et al. filed.
Feb 19, 2021
Brief amici curiae of ACLU, et al. filed.
Feb 22, 2021
Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Mar 12, 2021
SET FOR ARGUMENT on Tuesday, April 20, 2021.
Mar 15, 2021
Letter of respondent United States filed. (Distributed)
Mar 15, 2021
Letter of petitioner Tarahrick Terry filed. (Distributed)
Mar 15, 2021
Record requested.
Mar 15, 2021
The record from the U.S.C.A. 11th Circuit is electronic and located on Pacer.
Mar 17, 2021
The record from the U.S.D.C. Southern Dist. of Florida is electronic and located on Pacer.
Mar 19, 2021
The 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, 2021
The 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, 2021
SET FOR ARGUMENT on Tuesday, May 4, 2021.
Mar 30, 2021
CIRCULATED
Mar 31, 2021
Motion for leave to file a brief out of time filed by respondent.
Mar 31, 2021
Motion for divided argument filed by respondent in support of reversal.
Apr 5, 2021
Motion of respondent for leave to file a brief out of time GRANTED.
Apr 5, 2021
Motion for divided argument filed by respondent GRANTED.
Apr 13, 2021
Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed. (Distributed)
Apr 27, 2021
Reply of petitioner Tarahrick Terry filed. (Distributed)
Apr 28, 2021
Reply of respondent United States filed. (Distributed)
May 4, 2021
Argued. 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, 2021
Adjudged 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.
Jul 16, 2021
JUDGMENT ISSUED.

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