Hewitt v. United States
No. 23-1002 · Decided June 26, 2025 · reversed and remanded
The case asks what penalties apply to a defendant convicted under 18 U.S.C. § 924(c) who was sentenced before the enactment of the First Step Act but whose sentence was later vacated. The First Step Act's more lenient penalties apply to defendants whose previous 18 U.S.C. § 924(c) sentences have been vacated and who must be resentenced following the Act's enactment.
Vote & lineup5–4 on the judgment. Jackson delivered the opinion of the Court, joined by Roberts, Sotomayor, Kagan, Gorsuch (5). Dissent(s): Alito (joined by Thomas, Kavanaugh, Barrett).
The question
The case asks what penalties apply to a defendant convicted under 18 U.S.C. § 924(c) who was sentenced before the enactment of the First Step Act but whose sentence was later vacated. Specifically, it addresses whether such a defendant is eligible for the more lenient penalties provided by the Act during resentencing. The central issue is whether a vacated prior sentence constitutes a sentence that "has... been imposed" under Section 403(b) of the First Step Act.
Petitioner's argument
- A sentence that has been vacated is not a sentence that "has . . . been imposed" for purposes of § 403(b) of the First Step Act.
- Because their prior sentences were voided, they should be treated as if they had not yet been sentenced as of the Act's enactment date.
- They are therefore entitled to the retroactive application of the Act's more lenient mandatory minimum penalties rather than the pre-Act "stacked" 25-year penalties.
Respondent's argument
- The United States agreed with petitioners on the merits; however, amicus curiae argued that § 403(b) applies only to defendants for whom a sentence "had not been imposed" as of the enactment date.
- Sentencing is a historical fact, and because the petitioners had already been sentenced twice prior to the Act's enactment, they are ineligible for the more lenient penalties regardless of subsequent vacatur.
- The act of imposing a sentence occurs at a fixed point in time and is not erased by later legal invalidity.
The decision
- The Court held that under § 403(b) of the First Step Act, a sentence "has . . . been imposed" only if the sentence is extant and has not been vacated.
- The Court relied on the present-perfect tense ("has... been"), which refers to an act or condition that is now completed or continues to be true or valid (*Chicago Manual of Style* § 5.132; *Huddleston & Pullum, The Cambridge Grammar of the English Language*).
- It distinguished this from the past-perfect tense ("had been"), which would have focused on sentencing as a mere historical relic rather than a continuing state.
- The Court applied the background legal presumption that vacated court orders are void *ab initio* and lack prospective legal effect (*United States v. Ayres*).
- It noted that by operation of legal fiction, the law acts as though a vacated conviction or sentence never occurred (*Fiswick v. United States*; *North Carolina v. Pearce*).
- The Court cited *Lewis v. United States* and *Pepper v. United States* to support the "common-sense" notion that vacatur "wipes the slate clean."
- Reasoning from context, the Court found Congress intended to execute a "clean break" from the harsh "stacking" practice established in *Deal v. United States*.
- The Court concluded that requiring judges to revert to the pre-Act draconian scheme for resentenced defendants would undermine the primary purpose of § 403 and create unnecessary administrative burdens.
Separate opinions
Alito, dissenting (joined by Thomas, Kavanaugh, Barrett)
- Argues that "has not been imposed" refers to the historical fact of a pronouncement of judgment, which is not erased by subsequent vacatur.
- Relies on *Lewis v. United States* and *Bravo-Fernandez v. United States* to argue that vacated sentences can still have prospective legal effect.
- Contends that the title "Applicability to Pending Cases" and the presumption against retroactivity under 1 U.S.C. § 109 preclude extending benefits to previously sentenced defendants.