Decided

No. 23-1002

Tony R. Hewitt v. United States

from the United States Court of Appeals for the Fifth Circuit

See other cases from the Fifth Circuit.

Docket Entries

Judgment Issued.

Judgment REVERSED and case REMANDED. Jackson, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-1002_1p24.pdf'>opinion</a> 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.

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.

Reply of petitioner Tony R. Hewitt filed. VIDED. (Distributed)

Reply of respondent United States filed. VIDED. (Distributed)

Reply of petitioners Corey Deyon Duffey and Jarvis Dupree Ross filed. VIDED. (Distributed)

Motion for divided argument filed by the Solicitor General GRANTED. VIDED.

CIRCULATED

Brief of Court-appointed amicus curiae in support of the judgment below filed. VIDED.

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

Motion for divided argument filed by the Solicitor General. VIDED.

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

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

Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.

Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED.

Brief amici curiae of The District of Columbia, et al. filed. VIDED.

Brief amici curiae of Senators Richard J. Durbin, et al. filed. VIDED.

Brief of respondent United States in support of petitioners filed. VIDED.

Brief of petitioner Tony R. Hewitt filed. VIDED.

Brief of petitioners Corey Deyon Duffey, et al. filed. VIDED.

Motion to dispense with printing the joint appendix filed by petitioners. VIDED.

Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioners' briefs on the merits, and the United States' brief on the merits is extended to and including September 16, 2024. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including November 15, 2024. VIDED.

Motion for an extension of time file the briefs on the merits filed. VIDED.

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.

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.”

Petition GRANTED. The petition for a writ of certiorari in No. 23-1150 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument.

DISTRIBUTED for Conference of 7/1/2024.

DISTRIBUTED for Conference of 6/20/2024.

Reply of petitioner Tony R. Hewitt filed. (Distributed)

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

Brief of respondent United States in opposition filed. VIDED.

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

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

Brief amicus curiae of National Association of Criminal Defense Lawyers filed.

Brief amici curiae of American Civil Liberties Union, et al. filed.

Response Requested. (Due April 29, 2024)

DISTRIBUTED for Conference of 4/12/2024.

Waiver of right of respondent United States to respond filed.

Petition for a writ of certiorari filed. (Response due April 11, 2024)

Parties

Corey Deyon Duffey and Jarvis Dupree Ross, Petitioner, represented by Jo-Ann Tamila Sagar

Tony R. Hewitt, Petitioner, represented by Michael B. Kimberly

United States, Respondent, represented by D. John Sauer

Amici Curiae

American Civil Liberties Union, American Civil Liberties Union of Texas, Cato Institute, Due Process Institute, FAMM, and National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Kevin James Poloncarz

American Civil Liberties Union, et al., Amicus Curiae, represented by Emma Anamaria Andersson

Court-appointed amicus curiae in support of the judgment below, Amicus Curiae, represented by Michael Hugh McGinley

National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Kevin James Poloncarz

Senators Richard J. Durbin, Charles E. Grassley, Cory A. Booker, and Michael S. Lee, Amicus Curiae, represented by Brent Jefferson Gurney

The District of Columbia, Colorado, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, and Vermont, Amicus Curiae, represented by Caroline Sage Van Zile

 
Last updated: April 18, 2026