Ellingburg v. United States

Record returned to the United States Court of Appeals for the Eighth Circuit.

Judgment Issued.

Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. Thomas, J., filed a concurring opinion, in which Gorsuch, J., joined.

Restitution under the Mandatory Victims Restitution Act of 1996 is criminal punishment for purposes of the Ex Post Facto Clause. [607 U.S. 163]

Argued. For petitioner: Amy M. Saharia, Washington, D. C. For respondent in support of vacatur: Ashley Robertson, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of judgment below: John F. Bash, Austin, Tex.

Sealed material received electronically from the United States District Court for the Western District of Missouri. The remainder of the record is electronic and is available on PACER.

Reply of petitioner Holsey Ellingburg, Jr. filed. (Distributed)

Reply of respondent United States filed. (Distributed)

Motion for divided argument filed by respondent GRANTED.

CIRCULATED

Brief amicus curiae of Debra Ricketts-Holder filed. (Distributed)

Record received from the United States Court of Appeals for the Eighth Circuit and available with the Clerk (one box).

Brief of Court-appointed amicus curiae in support of the judgment below filed.

Record requested from the United States Court of Appeals for the Eighth Circuit.

Motion for divided argument filed by the Solicitor General.

SET FOR ARGUMENT on Tuesday, October 14, 2025.

Brief amicus curiae of Professor Wayne A. Logan filed.

Brief amicus curiae of Professor Jennifer Laurin filed.

Brief amici curiae of National Association of Criminal Defense Lawyers, et al. filed.

Brief amici curiae of Restitution Scholars filed.

Brief amici curiae of Cato Institute, et al. filed.

Brief amicus curiae of Constitutional Accountability Center filed.

Brief amicus curiae of Professor Beth A. Colgan filed.

Brief of respondent United States supporting vacatur filed.