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Decided

Carter v. United States

Consolidated with Rutherford v. United States (24-820)
Docket No.24-860
ArgumentNov 12, 2025

Holding

When Congress declines to make a sentencing amendment retroactive, the resulting sentencing disparity cannot serve as an “extraordinary and compelling” reason that warrants a sentence reduction under §3582(c)(1)(A)(i).

Judgment

Affirmed, 6-3, in an opinion by Amy Coney Barrett on May 28, 2026. Justice Sotomayor wrote a dissenting opinion, joined by Justices Kagan and Jackson.

Vote

6
3
BarrettRobertsThomasAlitoGorsuchKavanaugh
SotomayorKaganJackson

Proceedings & orders timeline

Feb 11, 2025
Petition for a writ of certiorari filed. (Response due March 13, 2025)
Feb 28, 2025
Brief amicus curiae of Families Against Mandatory Minimums (FAMM) filed.
Mar 4, 2025
Brief amici curiae of Clinical Law Professors filed.
Mar 5, 2025
Motion to extend the time to file a response from March 13, 2025 to April 14, 2025, submitted to The Clerk.
Mar 6, 2025
Motion to extend the time to file a response is granted and the time is extended to and including April 14, 2025.
Mar 13, 2025
Brief amici curiae of Former Bureau of Prisons Officials filed.
Apr 10, 2025
Motion to extend the time to file a response from April 14, 2025 to May 5, 2025, submitted to The Clerk.
Apr 11, 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 5, 2025
Brief of respondent United States in support filed.
May 12, 2025
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
May 13, 2025
DISTRIBUTED for Conference of 5/29/2025.
May 14, 2025
Reply of petitioner Johnnie Markel Carter filed. Distributed
May 28, 2025
Supplemental brief of petitioner Johnnie Markel Carter filed.
Jun 2, 2025
DISTRIBUTED for Conference of 6/5/2025.
Jun 6, 2025
Petition GRANTED. The petition for a writ of certiorari in No. 24-820 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Aug 12, 2025
SET FOR ARGUMENT on Wednesday, November 12, 2025. VIDED.
Aug 21, 2025
Record requested from the United States Court of Appeals for the Third Circuit.
Sep 2, 2025
Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk.
Sep 30, 2025
CIRCULATED
Nov 12, 2025
Argued. For petitioner in 24-820: David C. Frederick, Washington, D. C. For petitioner in 24-860: David A. O'Neil, Washington, D. C. For respondent: Eric J. Feigin, Deputy Solicitor General, Department of Justice, Washington, D. C. VIDED.
May 28, 2026
Adjudged 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 a dissenting opinion, in which Kagan and Jackson, JJ., joined. VIDED.
Jun 29, 2026
Judgment Issued.

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