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Docket for 24-820
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No. 24-820
Vide 24-860
 
Title: Daniel Rutherford, Petitioner
v.
United States
Docketed: February 3, 2025
Lower Ct: United States Court of Appeals for the Third Circuit
   Case Numbers: (23-1904)
   Decision Date: November 1, 2024
Questions Presented
 
Proceedings and Orders
Jan 30 2025 Petition for a writ of certiorari filed. (Response due March 5, 2025)
Petition Appendix Certificate of Word Count Proof of Service
Feb 21 2025 Brief amicus curiae of Families Against Mandatory Minimums (FAMM) filed.
Main Document Proof of Service Certificate of Word Count
Feb 26 2025 Motion to extend the time to file a response from March 5, 2025 to April 4, 2025, submitted to The Clerk.
Main Document
Feb 27 2025 Motion to extend the time to file a response is granted and the time is extended to and including April 4, 2025.
Feb 28 2025 Brief amici curiae of Clinical Law Professors filed.
Main Document Certificate of Word Count Proof of Service
Mar 05 2025 Brief amici curiae of Former Corrections Officials filed.
Main Document Proof of Service Certificate of Word Count
Mar 05 2025 Brief amici curiae of Former Federal Judges filed.
Main Document Certificate of Word Count Proof of Service
Apr 02 2025 Motion to extend the time to file a response from April 4, 2025 to May 5, 2025, submitted to The Clerk.
Main Document
Apr 03 2025 Motion to extend the time to file a response is granted and the time is further extended to and including May 5, 2025.
May 05 2025 Brief for the United states filed.
Main Document Proof of Service
May 12 2025 Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
Main Document Proof of Service
May 13 2025 DISTRIBUTED for Conference of 5/29/2025.
May 13 2025 Reply of petitioner Daniel Rutherford filed. (Distributed)
Main Document Proof of Service Certificate of Word Count
Jun 02 2025 DISTRIBUTED for Conference of 6/5/2025.
Jun 06 2025 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.
Jun 06 2025 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.”
Jun 20 2025 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.
Main Document
Jun 30 2025 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.
Jul 07 2025 Motion to dispense with printing the joint appendix filed by petitioner (as to 24-820).
Main Document Proof of Service
Jul 08 2025 Motion to dispense with printing the joint appendix filed by petitioner (as to 24-860).
Main Document Proof of Service
Aug 08 2025 Brief of petitioner Daniel Rutherford filed (as to 24-820).
Main Document Certificate of Word Count Proof of Service
Aug 08 2025 Brief of petitioner Johnnie Markel Carter filed (as to 24-860).
Main Document Certificate of Word Count Proof of Service
Aug 12 2025 SET FOR ARGUMENT on Wednesday, November 12, 2025. VIDED.
Aug 14 2025 Brief amici curiae of Former Corrections Officials filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amici curiae of NAACP, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amici curiae of Senator Cory Booker, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amicus curiae of Constitutional Accountability Center filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amici curiae of Former Commissioners of the United States Sentencing Commission in support of neither party filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amici curiae of Clinical Law Professors filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amici curiae of Cato Institute, et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amici curiae of Former Federal Judges filed (as to 24-820).
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amicus curiae of Professor Douglas Berman filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amicus curiae of National Association of Federal Defenders filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amicus curiae of New York Council of Defense Lawyers (NYCDL) filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amici curiae of Families Against Mandatory Minimums (FAMM), et al. filed. VIDED.
Main Document Certificate of Word Count Proof of Service
Aug 15 2025 Brief amicus curiae of Fortune Society filed (as to 24-860).
Main Document Certificate of Word Count Proof of Service
Aug 18 2025 Motion to dispense with printing the joint appendix filed by petitioner Daniel Rutherford GRANTED.
Aug 18 2025 Motion to dispense with printing the joint appendix filed by petitioner Johnnie Markel Carter GRANTED.
Aug 21 2025 Record requested from the United States Court of Appeals for the Third Circuit.
Attorneys
Attorneys for Petitioners
Justin Boigon Berg
Counsel of Record
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
1615 M Street, N.W., Suite 400
Washington, DC 20036
jberg@kellogghansen.com
Ph: (202) 326-7900
Party name: Daniel Rutherford


David A. O'Neil
Counsel of Record
Debevoise & Plimpton LLP
801 Pennsylvania Avenue N.W. – Suite 500
Washington, DC 20004
daoneil@debevoise.com
Ph: (202) 383-8000
Party name: Johnnie Markel Carter


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
Scott P. Lewis
Counsel of Record
Anderson & Kreiger LLP
50 Milk Street
21st Floor
Boston, MA 02109
lewis@andersonkreiger.com
Ph: 6176216500
Party name: Former Corrections Officials


Matthew P. Cavedon
Counsel of Record
Cato Institute
1000 Massachusetts Ave., NW
Washington, DC 20001
mcavedon@cato.org
Ph: 706-309-2859
Party name: Cato Institute, Right on Crime, Rutherford Institute


Carlton Eliot Forbes
Counsel of Record
Cooley LLP
1299 Pennsylvania Avenue NW
Washington, DC 20004
cforbes@cooley.com
Ph: 202-776-2117
Party name: NAACP, NAACP Empowerment Programs and NAACP Legal Defense & Educational Fund, Inc.


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


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


Joshua Adam Matz
Counsel of Record
Hecker Fink LLP
1050 K Street NW
Suite 1040
Washington, DC 20001
jmatz@heckerfink.com
Ph: (212) 763-0883
Party name: Former Commissioners of the United States Sentencing Commission


Michael Will Roy
Counsel of Record
Federal Public Defender Central District of Ill.
1515 4th Avenue, Suite 201
Rock Island, IL 61201
michael_roy@fd.org
Ph: 3099487190
Party name: National Association of Federal Defenders


Amy Mason Saharia
Counsel of Record
Williams & Connolly LLP
680 Maine Avenue SW
Washington, DC 20024
ASAHARIA@WC.COM
Ph: 202-434-5847
Party name: Senators Cory Booker and Dick Durbin


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")


Jarrod Lee Schaeffer
Counsel of Record
Abell Eskew Landau LLP
256 5th Avenue
5th Floor
New York, NY 10001
jschaeffer@aellaw.com
Ph: 646-970-7339
Party name: FAMM and National Association of Criminal Defense Lawyers


Jarrod Lee Schaeffer
Counsel of Record
Abell Eskew Landau LLP
256 5th Avenue
5th Floor
New York, NY 10001
jschaeffer@aellaw.com
Ph: 646-970-7339
Party name: FAMM


Amelia Temple Redwood Starr
Counsel of Record
Davis Polk & Wardwell LLP
450 Lexington Avenue
New York, NY 10017
amelia.starr@davispolk.com
Ph: 2124504000
Party name: FORTUNE SOCIETY


Andrew Timothy Tutt
Counsel of Record
Arnold & Porter Kaye Scholer
601 Massachusetts Ave. NW
Washington, DC 20001
ANDREW.TUTT@ARNOLDPORTER.COM
Ph: 202-942-5000
Party name: Former Federal Judges


Erica Kristine Zunkel
Counsel of Record
Criminal and Juvenile Justice Clinic
University of Chicago Law School
6020 S. University Avenue
Chicago, IL 60637
ezunkel@uchicago.edu
Ph: 773-702-9611
Party name: Clinical Law Professors

 

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