Decided
Fernandez v. United States
Holding
A prisoner who collaterally attacks the validity of his conviction must proceed through 28 U.S.C. § 2255, not 18 U.S.C. §3582; the supposed invalidity of a conviction is not among the “extraordinary and compelling reasons” that justify compassionate release.
Judgment
Affirmed, 8-1, in an opinion by Amy Coney Barrett on May 28, 2026. Justice Sotomayor wrote an opinion concurring in the judgment, joined by Justice Kagan. Justice Jackson wrote a dissenting opinion.
Vote
8
1
BarrettRobertsThomasAlitoSotomayorKaganGorsuchKavanaugh
Jackson
Related Coverage
Nov 13, 2024Petition for a writ of certiorari filed. (Response due December 18, 2024)Nov 29, 2024Waiver of right of respondent United States to respond filed.
Dec 4, 2024DISTRIBUTED for Conference of 1/10/2025.
Dec 9, 2024Response Requested. (Due January 8, 2025)
Jan 3, 2025Motion to extend the time to file a response from January 8, 2025 to February 7, 2025, submitted to The Clerk.Jan 7, 2025Motion to extend the time to file a response is granted and the time is extended to and including February 7, 2025
Feb 7, 2025Brief of respondent United States in opposition filed.Feb 24, 2025Reply of petitioner Joe Fernandez filed.Apr 23, 2025DISTRIBUTED for Conference of 5/15/2025.
May 19, 2025DISTRIBUTED for Conference of 5/22/2025.
May 27, 2025Petition 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, 2025Motion 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.Jun 30, 2025Motion 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 4, 2025Brief of petitioner Joe Fernandez filed.Aug 4, 2025Joint appendix filed.Aug 11, 2025Brief amicus curiae of New York Council of Defense Lawyers filed.Aug 11, 2025Brief amici curiae of Senator Richard J. Durbin, et al. filed.Aug 11, 2025Brief amici curiae of FAMM, et al. filed.Aug 11, 2025Brief amicus curiae of Constitutional Accountability Center filed.Aug 11, 2025Brief amicus curiae of Wolfgang Von Vader filed.Aug 11, 2025Brief amicus curiae of Professor Douglas Berman filed.Aug 12, 2025SET FOR ARGUMENT on Wednesday, November 12, 2025.
Aug 21, 2025Record requested from the United States Court of Appeals for the Second Circuit.
Aug 25, 2025Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
Sep 10, 2025Sealed material received from the United States District Court for the Southern District of New York and available with the Clerk (one envelope). The remainder of the record is electronic and is available with the Clerk.
Sep 25, 2025Brief of respondent United States filed.Sep 30, 2025CIRCULATED
Oct 27, 2025Reply of petitioner Joe Fernandez filed. (Distributed)Nov 12, 2025Argued. For petitioner: Benjamin Gruenstein, New York, N. Y. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C.
May 28, 2026Adjudged to be AFFIRMED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Kavanaugh, JJ., joined.
Sotomayor, J., filed an opinion concurring in the judgment, in which
Kagan, J., joined. Jackson, J., filed a dissenting opinion.
Jun 29, 2026Judgment Issued.Aug 5, 2026Record returned to the United States District Court for the Southern District of New York.
Recommended Citation: Fernandez v. United States, SCOTUSblog, https://www.scotusblog.com/cases/fernandez-v-united-states/