Lairy v. United States

1 Cite as: 608 U. S. ____ (2026)
Statement of S
OTOMAYOR, J.
SUPREME COURT OF THE UNITED STATES
MICHAEL DEWAYNE LAIRY v. UNITED STATES
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED
STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
No. 25–821. Decided May 18, 2026
The petition for a writ of certiorari is denied.
Statement of J
USTICE SOTOMAYOR respecting the denial
of certiorari.
As all agree, petitioner Michael Lairy’s prison sentence
for unlawful handgun possession was five years longer than
the applicable statutory maximum. When Lairy filed a mo-
tion under 28 U. S. C. §2255 seeking relief from that sen-
tence, however, the Government argued, and the courts be-
low held, that Lairy’s §2255 motion was untimely.
As the Government now informs this Court, its decision
to invoke that statute-of-limitations defense below was an
“inadverten[t]” error. Brief in Opposition 6. The Govern-
ment represents that it has a policy of waiving such de-
fenses in cases involving “undisputed legal ineligibility for
an enhanced noncapital sentence—that is, a sentence above
the applicable statutory maximum.” Id., at 5–6. Thus, it
promised to “correct its oversight by waiving the limitations
defense in district court.” Id., at 6. Shortly thereafter, the
District Court granted Lairy’s §2255 motion and released
him. In light of the Government’s policy, and the fact that
Lairy has now received all the relief he requested in his
§2255 motion, I concur in the denial of certiorari.