Taking stock of two remaining SCOTUS sentencing cases as OT24 winds down

The US Supreme Court is likely to hand down opinions tomorrow, and it will continue to do so on a semi-regular basis over the next six weeks as it finishes up its work for its October Term 2024.  Though a notable Term in many ways due to many echoes from changing presidential administrations, the Term has been relatively sleepy for sentencing fans.  Nevertheless, there are a couple still pending cases that could produce interesting, and perhaps quite consequential, sentencing rulings (with thanks to SCOTUSblog for the links):

Hewitt v. US, No. 23-1002  (Argued January 13, 2025)

Issue(s): Whether the First Step Act‘s sentencing reduction provisions apply to a defendant originally sentenced before the act’s enactment, when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the act’s enactment.

Esteras v. US, No. 23-7483 (Argued February 25, 2025)

Issue(s): Whether, even though Congress excluded 18 U.S.C. § 3553(a)(2)(A) from 18 U.S.C. § 3583(e)’s list of factors to consider when revoking supervised release, a district court may rely on the Section 3553(a)(2)(A) factors when revoking supervised release.

It seems quite possible that we could get opinions in one or both of these cases in the next few weeks, though one can never be sure on SCOTUS opinion timing matters.  In addition, a few other criminal (and criminal adjacent) cases could produce notable rulings for criminal justice fans, but OT24 surely will be yet another SCOTUS Term known far more for its non-criminal work.