QUESTION PRESENTED:Whether, when deciding if it should “impose a reduced sentence” on an individual under Section 404(b) of the
First Step Act of 2018, a district court must or may consider intervening legal and factual developments.
Date Proceedings and Orders (
key to color coding)
May 24 2021 |
Petition for a writ of certiorari filed. (Response due June 25, 2021)Jun 21 2021 |
Motion to extend the time to file a response from June 25, 2021 to July 26, 2021, submitted to The Clerk.Jun 22 2021 | Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2021.
Jul 19 2021 |
Motion to extend the time to file a response from July 26, 2021 to August 25, 2021, submitted to The Clerk.Jul 20 2021 | Motion to extend the time to file a response is granted and the time is further extended to and including August 25, 2021.
Aug 25 2021 |
Brief of respondent United States of America in opposition filed.Sep 08 2021 | DISTRIBUTED for Conference of 9/27/2021.
Sep 09 2021 |
Reply of petitioner Carlos Concepcion filed. (Distributed)Sep 30 2021 | Petition GRANTED.
Oct 22 2021 |
Motion to dispense with printing the joint appendix filed by petitioner Carlos Concepcion.Nov 01 2021 | Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Nov 15 2021 |
Brief of petitioner Carlos Concepcion filed.Nov 17 2021 | ARGUMENT SET FOR Wednesday, January 19, 2022.
Nov 17 2021 | Record requested from the U.S.C.A. 1st Circuit.
Nov 22 2021 |
Brief amici curiae of Drug Policy Alliance and The Law Enforcement Action Partnership filed.Nov 22 2021 |
Brief amici curiae of FAMM, The National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders filed.Nov 22 2021 |
Brief amicus curiae of Americans for Prosperity Foundation filed.Nov 22 2021 |
Brief amicus curiae of Constitutional Accountability Center filed.Nov 22 2021 |
Brief amici curiae of The Howard University School of Law Civil Rights Clinic; A New Way of Life Reentry Project filed.Nov 22 2021 |
Brief amici curiae of Dr. Karen Swanson, Dr. Byron R. Johnson, and Dr. Sung Joon Jang filed.Nov 22 2021 |
Brief amici curiae of Due Process Institute, American Civil Liberties Union, ACLU of Massachusetts, and Southern Poverty Law Center filed.Nov 22 2021 |
Brief amicus curiae of American Conservative Union Foundation filed.Nov 22 2021 |
Brief amici curiae of The District of Columbia, et al., filed.Nov 22 2021 |
Brief amici curiae of Criminal Law Scholars filed.Dec 06 2021 | The record from the U.S.C.A. 1st Circuit is electronic and located on Pacer.
Dec 06 2021 | The record from the U.S.D.C. Dist. of Massachusetts is electronic and located on Pacer, the Sealed Appendix is filed electronically.
Dec 14 2021 | CIRCULATED
Dec 15 2021 |
Brief of respondent United States filed. (Distributed)Jan 07 2022 |
Reply of petitioner Carlos Concepcion filed. (Distributed)Jan 19 2022 | Argued. For petitioner: Charles L. McCloud, Washington, D. C. For respondent: Matthew Guarnieri, Assistant to the Solicitor General, Department of Justice, Washington, D. C.