No. 24-556
 
Title: Joe Fernandez, Petitioner
v.
United States
Docketed: November 18, 2024
Lower Ct: United States Court of Appeals for the Second Circuit
   Case Numbers: (22-3122)
   Decision Date: June 11, 2024
   Rehearing Denied: August 15, 2024
Questions Presented
 
Proceedings and Orders
Nov 13 2024 Petition for a writ of certiorari filed. (Response due December 18, 2024)
Petition Certificate of Word Count Proof of Service
Nov 29 2024 Waiver of right of respondent United States to respond filed.
Main Document
Dec 04 2024 DISTRIBUTED for Conference of 1/10/2025.
Dec 09 2024 Response Requested. (Due January 8, 2025)
Jan 03 2025 Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.
Main Document
Jan 07 2025 Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2025
Feb 07 2025 Brief of respondent United States in opposition filed.
Main Document Proof of Service
Feb 24 2025 Reply of petitioner Joe Fernandez filed.
Main Document Proof of Service Certificate of Word Count
Apr 23 2025 DISTRIBUTED for Conference of 5/15/2025.
May 19 2025 DISTRIBUTED for Conference of 5/22/2025.
May 27 2025 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.
Jun 20 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.
Main Document
Jun 30 2025 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.
Aug 04 2025 Brief of petitioner Joe Fernandez filed.
Main Document Proof of Service Certificate of Word Count
Aug 04 2025 Joint appendix filed.
Main Document Proof of Service
Aug 11 2025 Brief amicus curiae of New York Council of Defense Lawyers filed.
Main Document Proof of Service Certificate of Word Count
Aug 11 2025 Brief amici curiae of Senator Richard J. Durbin, et al. filed.
Main Document Certificate of Word Count Proof of Service
Aug 11 2025 Brief amici curiae of FAMM, et al. filed.
Main Document Certificate of Word Count Proof of Service
Aug 11 2025 Brief amicus curiae of Constitutional Accountability Center filed.
Main Document Certificate of Word Count Proof of Service
Aug 11 2025 Brief amicus curiae of Wolfgang Von Vader filed.
Main Document Certificate of Word Count Proof of Service
Aug 11 2025 Brief amicus curiae of Professor Douglas Berman filed.
Main Document Proof of Service Certificate of Word Count
Aug 12 2025 SET FOR ARGUMENT on Wednesday, November 12, 2025.
Aug 21 2025 Record requested from the United States Court of Appeals for the Second Circuit.
Aug 25 2025 Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
Attorneys
Attorneys for Petitioners
Benjamin Gruenstein
Counsel of Record
Cravath, Swaine & Moore LLP
Two Manhattan West
375 Ninth Avenue
New York, NY 10001

bgruenstein@cravath.com
Ph: 2124741000
Party name: Joe Fernandez


Attorneys for Respondents
D. John Sauer
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States


Other Attorneys
Shelley Marie Fite
Counsel of Record
22 E. Mifflin Street
Suite 1000
Madison, WI 53703

shelley_fite@fd.org
Ph: 6082340883
Party name: FAMM, National Association of Criminal Defense Lawyers, National Association of Federal Defenders


Brianne Jenna Gorod
Counsel of Record
Constitutional Accountability Center
1730 Rhode Island Ave. NW
Suite 1200
Washington, DC 20036

BRIANNE@THEUSCONSTITUTION.ORG
Ph: 202 296 6889
Party name: Constitutional Accountability Center


Brent Jefferson Gurney
Counsel of Record
Wilmer Cutler Pickering Hale and Dorr LLP
2100 Pennsylvania Avenue, NW
Washington, DC 20037

brent.gurney@wilmerhale.com
Ph: 202-663-6000
Party name: Senators Richard J. Durbin and Cory A. Booker


Sarah Patricia Hogarth
Counsel of Record
McDermott Will & Schulte LLP
500 North Capitol Street NW
Washington, DC 20001

shogarth@mwe.com
Ph: 202-756-8354
Party name: Wolfgang Von Vader


Vincent Gregory Levy
Counsel of Record
Holwell Shuster & Goldberg, LLP
425 Lexington Avenue
14th Floor
New York, NY 10017

VLEVY@HSGLLP.COM
Ph: (646) 837-5120
Party name: Professor Douglas Berman


Harry Sandick
Counsel of Record
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036

HSANDICK@PBWT.COM
Ph: (212)336-2000
Party name: New York Council of Defense Lawyers ("NYCDL")