No. 25-7165October Term 2025Before Arguments
Price Montgomery, Petitioner v. United States
from the United States Court of Appeals for the Third Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Third Circuit.
Question presented
1. Whether 18 U.S.C. § 1512(a)(1)(C), which criminalizes killing a person with intent to prevent them from telling authorities about a federal crime, necessarily involves murder, as the Third Circuit found, or whether it can also be committed through manslaughter, as the statute explicitly contemplates. 2. Even if § 1512(a)(1)(C) necessarily involves murder, whether charging and convicting someone of second-degree murder—which carries no mandatory minimum—but then sentencing them for first-degree murder—which carries mandatory life imprisonment—violates Alleyne v. United States, 570 U.S. 99 (2013). 3. Whether a state or local jurisdiction’s chief prosecutor may delegate authority to apply for wiretaps under Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U.S.C. § 2510 et seq. (Incorporated from petition for a writ of certiorari in James Perrin v. United States, No. 25A935, permanent case number pending)?
- Case path
United States Court of Appeals for the Third Circuit / Accepted by the Court
- Area
Criminal Procedure
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
A petition asks the Supreme Court to review a Third Circuit decision about a federal law that punishes killing someone to stop them from reporting a federal crime. The petition also challenges a mandatory life sentence tied to first-degree murder and raises a separate question about who may authorize wiretap applications.
Argument
The petition is pending, and oral argument has not been scheduled. No substantive justice or advocate reactions are available yet.
Impact
The case could affect how prosecutors charge witness-related killings, when juries must find facts that trigger mandatory life terms, and how local offices handle wiretap requests. For example, a defendant convicted of second-degree murder could argue a judge cannot impose a first-degree-murder sentence without the needed jury finding.
What is the main dispute in U.S. v. Montgomery?
The petition says the witness-killing law can cover manslaughter, not just murder. It also challenges a life sentence after a second-degree murder conviction and raises a separate wiretap-authority issue.
Who could be affected if the Court takes Case 25-7165?
Defendants, prosecutors, and investigators could all be affected. The answers could shape mandatory life sentences and who may apply for wiretaps in local criminal investigations.
What happens next in U.S. v. Montgomery?
The justices must first decide whether to hear the case. If they do, oral argument would come later, but no timing is available yet.
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 10, 2026
- Method
- Methodology