Podcast appearances and mentions of Concepcion V United

In 2008, Carlos Concepcion pleaded guilty to crack cocaine charges, and in 2009 he was sentenced to 228 months in prison. While he was serving his sentence, Congress passed the Fair Sentencing Act, which reduced the statutory penalties for most federal crimes involving crack cocaine. In 2018, Congress made these changes retroactive, and Concepcion moved for resentencing. The district court denied his motion, and Concepcion appealed. The U.S. Court of Appeals affirmed, finding that the district court was not obligated to update and reevaluate the sentencing factors. The case was decided on June 27, 2022. The Court held that The First Step Act allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence. Justice SOTOMAYOR delivered the opinion of the Court, in which Justices THOMAS, BREYER, KAGAN, and GORSUCH joined. Justice KAVANAUGH filed a dissenting opinion in which Chief Justice ROBERTS and Justices ALITO and BARRETT joined. Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at: https://www.oyez.org/cases/2021/20-1650 --- Support this podcast: https://anchor.fm/scotus-opinions/support

Leah's dreams come true with an episode all about a resentencing case, and the meaning of the First Step Act of 2018-- Concepcion v. United States. Tiffany Wright and Easha Anand join in.

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 | CIRCULATEDDec 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.★ Support this podcast on Patreon ★

Concepcion v. United States | 01/19/22 | Docket #: 20-1650

January 19, 2022 Hosted on Acast. See acast.com/privacy for more information.

A case in which the Court will decide whether a district court must or may consider intervening legal and factual developments when deciding whether to “impose a reduced sentence” on an individual under Section 404(b) of the First Step Act of 2018.

A case in which the Court will decide whether a district court must or may consider intervening legal and factual developments when deciding whether to “impose a reduced sentence” on an individual under Section 404(b) of the First Step Act of 2018.

Concepcion v. United States