| 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 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 08 2024 | Petition for a writ of certiorari filed. (Response due April 11, 2024) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Mar 18 2024 | Waiver of right of respondent United States to respond filed. |
| Main Document | |
| Mar 20 2024 | DISTRIBUTED for Conference of 4/12/2024. |
| Mar 28 2024 | Response Requested. (Due April 29, 2024) |
| Apr 04 2024 | Brief amici curiae of American Civil Liberties Union, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 11 2024 | Brief amicus curiae of National Association of Criminal Defense Lawyers filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Apr 23 2024 | Motion to extend the time to file a response from April 29, 2024 to May 29, 2024, submitted to The Clerk. |
| Main Document | |
| Apr 24 2024 | Motion to extend the time to file a response is granted and the time is extended to and including May 29, 2024. |
| May 29 2024 | Brief of respondent United States in opposition filed. VIDED. |
| Main DocumentProof of Service | |
| May 30 2024 | Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
| Main Document | |
| Jun 03 2024 | Reply of petitioner Tony R. Hewitt filed. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jun 04 2024 | DISTRIBUTED for Conference of 6/20/2024. |
| Jun 28 2024 | DISTRIBUTED for Conference of 7/1/2024. |
| Jul 02 2024 | Petition 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 2024 | 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. 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 2024 | Michael 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 2024 | Motion for an extension of time file the briefs on the merits filed. VIDED. |
| Main Document | |
| Jul 31 2024 | Motion 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 2024 | Motion to dispense with printing the joint appendix filed by petitioners. VIDED. |
| Main Document | |
| Sep 16 2024 | Brief of respondent United States in support of petitioners filed. VIDED. |
| Main DocumentProof of Service | |
| Sep 16 2024 | Brief of petitioner Tony R. Hewitt filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 16 2024 | Brief of petitioners Corey Deyon Duffey, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 23 2024 | Brief amici curiae of Senators Richard J. Durbin, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 23 2024 | Brief amici curiae of American Civil Liberties Union, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 23 2024 | Brief amici curiae of The District of Columbia, et al. filed. VIDED. |
| Main DocumentCertificate of Word CountProof of Service | |
| Oct 07 2024 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED. |
| Oct 31 2024 | SET FOR ARGUMENT on Monday, January 13, 2025. VIDED. |
| Nov 04 2024 | Record requested from the United States Court of Appeals for the Fifth Circuit. |
| Nov 04 2024 | Motion for divided argument filed by the Solicitor General. VIDED. |
| Main DocumentProof of Service | |
| Nov 12 2024 | Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER. |
| Nov 15 2024 | Brief of Court-appointed amicus curiae in support of the judgment below filed. VIDED. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 03 2024 | CIRCULATED |
| Dec 09 2024 | Motion for divided argument filed by the Solicitor General GRANTED. VIDED. |
| Dec 16 2024 | Reply of petitioner Tony R. Hewitt filed. VIDED. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 16 2024 | Reply of petitioners Corey Deyon Duffey and Jarvis Dupree Ross filed. VIDED. (Distributed) |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 16 2024 | Reply of respondent United States filed. VIDED. (Distributed) |
| Main DocumentProof of Service |
| NAME | ADDRESS | PHONE |
| 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 | ||
| 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 | ||
| 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 | ||
| 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 | ||