No. 23-1002
Vide 23-1150
Title:Tony R. Hewitt, Petitioner
v.
United States
Docketed:March 12, 2024
Lower Ct:United States Court of Appeals for the Fifth Circuit
   Case Numbers:(22-10265)
   Decision Date:February 2, 2024
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Mar 08 2024Petition for a writ of certiorari filed. (Response due April 11, 2024)
PetitionAppendixCertificate of Word CountProof of Service
Mar 18 2024Waiver of right of respondent United States to respond filed.
Main Document
Mar 20 2024DISTRIBUTED for Conference of 4/12/2024.
Mar 28 2024Response Requested. (Due April 29, 2024)
Apr 04 2024Brief amici curiae of American Civil Liberties Union, et al. filed.
Main DocumentProof of ServiceCertificate of Word Count
Apr 11 2024Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Main DocumentProof of ServiceCertificate of Word Count
Apr 23 2024Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk.
Main Document
Apr 24 2024Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024.
May 29 2024Brief of respondent United States in opposition filed. VIDED.
Main DocumentProof of Service
May 30 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Main Document
Jun 03 2024Reply of petitioner Tony R. Hewitt filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
Jun 04 2024DISTRIBUTED for Conference of 6/20/2024.
Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
Jul 02 2024Petition 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.
Jul 02 2024Because 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.”
Jul 26 2024Michael 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.
Jul 29 2024Motion for an extension of time file the briefs on the merits filed. VIDED.
Main Document
Jul 31 2024Motion 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.
Sep 06 2024Motion to dispense with printing the joint appendix filed by petitioners. VIDED.
Main Document
Sep 16 2024Brief of respondent United States in support of petitioners filed. VIDED.
Main DocumentProof of Service
Sep 16 2024Brief of petitioner Tony R. Hewitt filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 16 2024Brief of petitioners Corey Deyon Duffey, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 23 2024Brief amici curiae of Senators Richard J. Durbin, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 23 2024Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Sep 23 2024Brief amici curiae of The District of Columbia, et al. filed. VIDED.
Main DocumentCertificate of Word CountProof of Service
Oct 07 2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED.

NAMEADDRESSPHONE
Attorneys for Petitioner
Michael B. Kimberly
    Counsel of Record
McDermott Will & Emery LLP
500 North Capitol Street NW
The McDermott Building
Washington, DC 20001

MKIMBERLY@MWE.COM
(202) 756-8901
Party name: Tony R. Hewitt
Jo-Ann Tamila Sagar
    Counsel of Record
Hogan Lovells US LLP
555 Thirteenth Street, NW
Washington, DC 20004

jo-ann.sagar@hoganlovells.com
202-637-5600
Party name: Corey Deyon Duffey and Jarvis Dupree Ross
Attorneys for Respondent
Michael Hugh McGinley
    Counsel of Record
Dechert LLP
2929 Arch Street
Cira Centre
Philadelphia, PA 19104

michael.mcginley@dechert.com
202-261-3378
Party name: Court-appointed amicus curiae in support of the judgment below
Elizabeth B. Prelogar
    Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
202-514-2217
Party name: United States
Other
Emma Anamaria Andersson
    Counsel of Record
American Civil Liberties Union
125 Broad Street
New York, NY 10004

eandersson@aclu.org
212 549 2500
Party name: American Civil Liberties Union, et al.
Brent Jefferson Gurney
    Counsel of Record
Wilmer Cutler Pickering Hale and Dorr LLP
2100 Pennsylvania Avenue, NW
Washington, DC 20037

brent.gurney@wilmerhale.com
202-663-6000
Party name: Senators Richard J. Durbin, Charles E. Grassley, Cory A. Booker, and Michael S. Lee
Kevin James Poloncarz
    Counsel of Record
Covington & Burling LLP
415 Mission St., 54th Fl.
San Francisco, CA 94105

kpoloncarz@cov.com
415-591-7070
Party name: American Civil Liberties Union, American Civil Liberties Union of Texas, Cato Institute, Due Process Institute, FAMM, and National Association of Criminal Defense Lawyers
Kevin James Poloncarz
    Counsel of Record
Covington & Burling LLP
415 Mission St., 54th Fl.
San Francisco, CA 94105

kpoloncarz@cov.com
415-591-7070
Party name: National Association of Criminal Defense Lawyers
Caroline Sage Van Zile
    Counsel of Record
Off. of the Att'y Gen. for D.C.
Office of the Solicitor General
400 6th Street, NW, Suite 8100
Washington, DC 20001

caroline.vanzile@dc.gov
(202) 724-6609
Party name: The District of Columbia, Colorado, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, Oregon, and Vermont