A couple more GVRs and lots more cert denials in second full SCOTUS order list of OT 2024

The Supreme Court formally entered its second week of its new term, October Term 2024, with this order list mostly defined by a long list of cert denials.  The order list begins with two new G(ranted), V(acated), R(emanded) cases perhaps of note, with one citing Rahimi and another citing Erlinger. 

Late last week, John Elwood had this long post at SCOTUSblog reviewing relists drawing from the last order list titled "Fourteen cases to watch from the Supreme Court’s end-of-summer "long conference'."  Here was the one sentencing case of particular note from his accounting (which included three other criminal procedure cases among his "cases to watch"):

Last up is Esteras v. United States. In setting forth factors a court may consider in revoking a term of supervised release and ordering a person to serve a prison sentence for violating a supervised-release condition, the supervised-release statute, 18 U.S.C. § 3583(e), cross-references some, but not all, subprovisions of 18 U.S.C. § 3553(a). Congress omitted the factors set forth in Section 3553(a)(2)(A) — the need for the sentence to reflect the seriousness of the offense, promote respect for the law, and provide just punishment for the offense. Edgardo Esteras contends that five courts of appeals, including the 6th Circuit in his case, have concluded that district courts may rely on the Section 3553(a)(2)(A) factors, but four other courts of appeals have concluded that they may not. The government contends that courts can properly consider such factors and that “[a]ny modest disagreement among the courts of appeals on the question presented has no practical effect.”

Esteras is not on the list of cert denials this time around, so that is a case to continue to watch.