Looks like this could be a path to #9 overall. Pats accomplished the first of their tasks.
By my calculations there are six teams the Patriots cannot 'catch' in the race to the earliest draft pick even if they win next week while the Pats lose:
1.) 1-14 Jaguars
2.) 2-13 Jets
3.) 4-11 Falcons
4.) 4-11 Texans (traded to Miami)
5.) 4-10-1 Bengals
6.) 4-10-1 Eagles
Per the NFL Operations, "
In situations where teams finished the previous season with identical records, the determination of draft position is decided by strength of schedule — the aggregate winning percentage of a team’s opponents. The team that played the schedule with the lowest winning percentage will be awarded the higher pick."
So what benefits the Patriots the most in terms of draft slot is (a) a week 17 loss; (b) current 5-win teams with a higher SoS losing; and (c) current 6-win teams with a lower SoS winning.
The Patriots' Strength of Schedule is .533.
5-win Teams
7.) .504 Lions (vs Vikings)
8.) .506 Giants (vs Cowboys)
9.) .529 Panthers (Saints)
10.) .567 Broncos (Raiders)
The Patriots would pass the Broncos if they are tied (Denver wins plus Pats lose).
The Lions and Giants are out of reach.
As of this moment Carolina would be awarded an earlier pick than New England, but I don't know if those percentages already include their week 17 opponents. Perhaps the Saints won-loss record would be enough to make the Panthers SoS just a bit higher than the Pats?
6-Win Teams
11.) .465 Cowboys (at Giants)
12.) .490 Chargers (at Chiefs)
13.) .508 Vikings (at Lions)
14.) .533 Patriots (vs Jets)
15.) .544 49ers (vs Seahawks)
19.) .465 Washington (at Eagles)
Should any or all of the Cowboys, Chargers or Vikings win, the Pats move past them with a loss. The only way SF passes the Pats is if the Niners lose while the Pats win. Somebody has to win the NFC East, so at least one of them will be pick later then the Pats. Washington and Dallas both winning means the Pats get an earlier pick than both of them.
So it looks like what Howe is saying is either correct (#9), or within one (#10).
It is a lot of outcomes to go in the Pats favor, but it is theoretically possible.