from the United States Court of Appeals for the Second Circuit
See other cases from the Second Circuit.
Argued. For petitioner: Benjamin Gruenstein, New York, N. Y. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
Reply of petitioner Joe Fernandez filed. (Distributed)
CIRCULATED
Brief of respondent United States filed.
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.
Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
Record requested from the United States Court of Appeals for the Second Circuit.
SET FOR ARGUMENT on Wednesday, November 12, 2025.
Brief amicus curiae of New York Council of Defense Lawyers filed.
Brief amici curiae of Senator Richard J. Durbin, et al. filed.
Brief amici curiae of FAMM, et al. filed.
Brief amicus curiae of Constitutional Accountability Center filed.
Brief amicus curiae of Wolfgang Von Vader filed.
Brief amicus curiae of Professor Douglas Berman filed.
Brief of petitioner Joe Fernandez filed.
Joint appendix filed.
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.
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.
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.
Reply of petitioner Joe Fernandez filed.
Brief of respondent United States in opposition filed.
Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2025
Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.
Response Requested. (Due January 8, 2025)
Waiver of right of respondent United States to respond filed.
Petition for a writ of certiorari filed. (Response due December 18, 2024)
Joe Fernandez, Petitioner, represented by Benjamin Gruenstein
United States, Respondent, represented by D. John Sauer
Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod
FAMM, National Association of Criminal Defense Lawyers, National Association of Federal Defenders, Amicus Curiae, represented by Shelley Marie Fite
New York Council of Defense Lawyers ("NYCDL"), Amicus Curiae, represented by Harry Sandick
Professor Douglas Berman, Amicus Curiae, represented by Vincent Gregory Levy
Senators Richard J. Durbin and Cory A. Booker, Amicus Curiae, represented by Brent Jefferson Gurney
Wolfgang Von Vader, Amicus Curiae, represented by Sarah Patricia Hogarth