Argued

No. 24-820

Daniel Rutherford v. United States

from the United States Court of Appeals for the Third Circuit

See other cases from the Third Circuit.

Docket Entries

Argued. For petitioner in 24-820: David C. Frederick, Washington, D. C. For petitioner in 24-860: David A. O'Neil, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.

Reply of petitioner Johnnie Markel Carter filed (as to 24-860). (Distributed)

Reply of petitioner Daniel Rutherford filed (as to 24-820). (Distributed)

Motion for divided argument filed by petitioners GRANTED. VIDED.

CIRCULATED

Motion for divided argument filed by petitioners Johnnie Markel Carter. VIDED.

Brief of respondent United States filed. VIDED.

Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk.

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

Motion to dispense with printing the joint appendix filed by petitioner Johnnie Markel Carter GRANTED.

Motion to dispense with printing the joint appendix filed by petitioner Daniel Rutherford GRANTED.

Brief amici curiae of NAACP, et al. filed. VIDED.

Brief amicus curiae of New York Council of Defense Lawyers (NYCDL) filed. VIDED.

Brief amicus curiae of Fortune Society filed (as to 24-860).

Brief amici curiae of Families Against Mandatory Minimums (FAMM), et al. filed. VIDED.

Brief amicus curiae of National Association of Federal Defenders filed. VIDED.

Brief amicus curiae of Professor Douglas Berman filed. VIDED.

Brief amici curiae of Former Federal Judges filed (as to 24-820).

Brief amici curiae of Cato Institute, et al. filed. VIDED.

Brief amici curiae of Clinical Law Professors filed. VIDED.

Brief amici curiae of Former Commissioners of the United States Sentencing Commission in support of neither party filed. VIDED.

Brief amicus curiae of Constitutional Accountability Center filed. VIDED.

Brief amici curiae of Senator Cory Booker, et al. filed. VIDED.

Brief amici curiae of Former Corrections Officials filed. VIDED.

SET FOR ARGUMENT on Wednesday, November 12, 2025. VIDED.

Brief of petitioner Johnnie Markel Carter filed (as to 24-860).

Brief of petitioner Daniel Rutherford filed (as to 24-820).

Motion to dispense with printing the joint appendix filed by petitioner (as to 24-860).

Motion to dispense with printing the joint appendix filed by petitioner (as to 24-820).

Motion to extend the time to file the briefs on the merits as to No. 24-820 and No. 24-860 granted. The time to file the joint appendix and petitioners' briefs on the merits is extended to and including August 8, 2025. The time to file respondent's brief on the merits is extended to and including September 25, 2025. VIDED.

Motion for an extension of time within which to file the briefs on the merits in No. 24-820 and No. 24-860 filed (also as to No. 24-556). 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. 24-820. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 24-820. 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. 24-860 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.

DISTRIBUTED for Conference of 6/5/2025.

Reply of petitioner Daniel Rutherford filed. (Distributed)

DISTRIBUTED for Conference of 5/29/2025.

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

Brief for the United states filed.

Motion to extend the time to file a response is granted and the time is further extended to and including May 5, 2025.

Motion to extend the time to file a response from April 4, 2025 to May 5, 2025, submitted to The Clerk.

Brief amici curiae of Former Federal Judges filed.

Brief amici curiae of Former Corrections Officials filed.

Brief amici curiae of Clinical Law Professors filed.

Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2025.

Motion to extend the time to file a response from March 5, 2025 to April 4, 2025, submitted to The Clerk.

Brief amicus curiae of Families Against Mandatory Minimums (FAMM) filed.

Petition for a writ of certiorari filed. (Response due March 5, 2025)

Parties

Daniel Rutherford, Petitioner, represented by Justin Boigon Berg

Daniel Rutherford, Petitioner, represented by David C. Frederick

Johnnie Markel Carter, Petitioner, represented by David A. O'Neil

United States, Respondent, represented by D. John Sauer

Amici Curiae

Cato Institute, Right on Crime, Rutherford Institute, Amicus Curiae, represented by Matthew P. Cavedon

Clinical Law Professors, Amicus Curiae, represented by Erica Kristine Zunkel

Constitutional Accountability Center, Amicus Curiae, represented by Brianne Jenna Gorod

FAMM, Amicus Curiae, represented by Jarrod Lee Schaeffer

FAMM and National Association of Criminal Defense Lawyers, Amicus Curiae, represented by Jarrod Lee Schaeffer

Former Commissioners of the United States Sentencing Commission, Amicus Curiae, represented by Joshua Adam Matz

Former Corrections Officials, Amicus Curiae, represented by Scott P. Lewis

Former Federal Judges, Amicus Curiae, represented by Andrew Timothy Tutt

FORTUNE SOCIETY, Amicus Curiae, represented by Amelia Temple Redwood Starr

NAACP, NAACP Empowerment Programs and NAACP Legal Defense & Educational Fund, Inc., Amicus Curiae, represented by Carlton Eliot Forbes

National Association of Federal Defenders, Amicus Curiae, represented by Michael Will Roy

New York Council of Defense Lawyers ("NYCDL"), Amicus Curiae, represented by Harry Sandick

Professor Douglas Berman, Amicus Curiae, represented by Vincent Gregory Levy

Senators Cory Booker and Dick Durbin, Amicus Curiae, represented by Amy Mason Saharia

 
Last updated: April 18, 2026