Petitions and applications docketed on December 29, 2025
type Caption Docket No Court Below Petitioner's Counsel Counsel's Address Recent Filings QP
paid Heather Swanson

v. Michael T. Hilgers, Attorney General of Nebraska

25-752 Eighth Circuit, No. 24-3027

Judgment: August 22, 2025

Joshua Warren Polk Pacific Legal Foundation

555 Capitol Mall, Suite 1290

Sacramento, CA 95814

[Main Document] [Lower Court Orders/Opinions] [Lower Court Orders/Opinions] [Petition] [Appendix] [Certificate of Word Count] [Main Document]
Question(s) presentedQUESTIONS PRESENTED

A certified nurse-midwife and her medical prac- tice brought a constitutional challenge to Nebraska statutes that prohibit certified nurse-midwives from attending home births and bar them from working at all unless they purchase a “practice agreement” with a physician. Petitioners alleged in detailed factual terms how the scheme undermines maternal safety, restricts access to care—particularly in rural areas— and bears no rational relationship to the State’s as- serted health and safety interests. At the pleading stage, those allegations were required to be accepted as true.

Nevertheless, the district court dismissed the complaint, and the Eighth Circuit affirmed in a brief opinion that disregarded the complaint’s factual alle- gations, reasoning that the legislature could have ra- tionally believed that restrictions on nurse midwives would generally promote health and safety.

The questions presented are:

  1. Does rational basis review permit courts, at the Rule 12(b)(6) stage, to treat plaintiffs’ well- pleaded factual allegations as irrelevant?

  2. Does rational basis review permit courts to uphold a law without any inquiry into whether the means bear a rational connection to the government’s stated ends?

paid Zioness Movement, Inc.

v. The Lawfare Project, Inc.

25-753 Second Circuit, No. 24-974

Judgment: August 13, 2025

Kristie Marie Blase Felicello Law P.C.

366 Madison Ave., 3rd Floor

New York, NY 10017

[Petition] [Certificate of Word Count] [Main Document] [Main Document] [Certificate of Word Count]
Question(s) presenteda QUESTIONS PRESENTED Petitioner Zioness Movement, Inc. is a nonprofit entity that is the registered owner of the Zioness word mark. Amanda Berman, the founder of Zioness Movement, Inc., began using the Zioness mark while she was still employed at a separate nonprofit entity, Respondent The Lawfare Project, Inc. After the mark was registered to Zioness Movement, The Lawfare Project sought to cancel Zioness Movement’s registered mark with the U.S. Patent and Trademark Office. Zioness Movement sought a declaration of ownership in the district court and The Lawfare Project counterclaimed seeking a declaration of ownership. The district court determined that both Zioness Movement and The Lawfare Project co-owned the mark—an outcome never contemplated in the litigation or argued for by either party during trial. The court of appeals, in a summary order, affirmed the district court on this issue, finding that Zioness Movement “cannot establish the ‘fundamental error’ required to reverse after its waiver of any objection to the verdict form permitting a finding of co-ownership.” The questions presented are:
  1. Whether, under the Lanham Act, a court or

jury may find joint ownership of atrademark

between competing entities—neither of

which pleaded or proved co-ownership—

without violating the fundamental principle

that a trademark must indicate a single

source of goods or services to consumers.

paid Rodney Woodland

v. Montero Lamar Hill

25-754 Ninth Circuit, No. 23-55418

Judgment: May 16, 2025

Andrew Benedict Grimm Digital Justice Foundation, Inc.

15287 Pepperwood Drive

Omaha, NE 68154

[Main Document] [Lower Court Orders/Opinions] [Petition] [Certificate of Word Count]
Question(s) presentedQUESTIONS PRESENTED
  1. Whether, on an acknowledged Circuit split, copyrightability is a pure question of law, as the Ninth Circuit held below, or includes considerations of background facts, either as a pure question of fact or as a mixed question of law and fact, as heavily implied by this Court’s decision in Feist and expressly adopted by other Circuits citing Feist.

  2. Whether copyright protection for photography is only selection and arrangement as the Ninth Circuit held in Rentmeester and extended below, or whether copyright protection for photography is assessed just as for all other works of the visual arts that Congress placed on an equal footing in 17 U.S.C. § 101 and in accordance with this Court’s seminal decision in Burrow-Giles.

1

paid The Society of Apostolic Church Ministries Bishop, Elizabeth Gardner Corporation Sole and Her Successors

v. United States

25-755 Ninth Circuit, No. 24-1765

Judgment: July 24, 2025

Gregory Alan Robinson Farley Robinson & Larsen

4001 N 3rd Street #118

Phoenix, AZ 85012

[Main Document] [Petition] [Certificate of Word Count] [Main Document]
Question(s) presentedQUESTIONS PRESENTED

I. Whether the Ninth Circuit permitted the government to violate’ the First Amendment of the Constitution, Religious Freedom Restoration Act, the Establishment Clause and the Free Exercise Clause that protects churches that own legitimate property in their name and prohibits undue interference of church by the government by seizing its assets using a nominee claiming the property was really owned by its ministers.

II. Whether the Ninth Circuit court erred when it affirmed a summary judgment against the non-moving’- party, an Ecclesiastical Church Society where there were many genuine disputes of material fact that should have been read in a light favorable to the Petitioner.

A. Whether the church is able to change its name and file a deed without fear that the new name could lead to its property being levied by the government in violation of the Fourteenth Amendment.

B. Whether Yavapai a County assessors unwavering and_ responsible determination of full church exemption of real property owned for 25 years should not carry creat weight regarding the ownership and beneficial use for religious purposes and exemption from taxes.

1

paid Larry Householder

v. United States

25-756 Sixth Circuit, No. 23-3565

Judgment: May 06, 2025

Steven Larry Bradley Marein and Bradley

1300 East 9th Street

Suite 1000

Cleveland, OH 44114

[Main Document] [Lower Court Orders/Opinions] [Lower Court Orders/Opinions] [Petition] [Certificate of Word Count] [Main Document]
Question(s) presenteda QUESTION PRESENTED

The First Amendment’s protection of political speech ensures that a political contribution will not constitute extortion under 18 U.S.C. § 1951 or honest services fraud under 18 U.S.C. §§ 1348, 13846 unless the candidate and donor make an “explicit” quid pro quo agreement that an official act is a condition for the acceptance of the contribution. McCormick v. United States, 500 U.S. 257 (1991).

The question presented is:

Is McCormick’s requirement of a “quid pro quo” satisfied when a political candidate accepts a political contribution knowing that the donor believes the candidate will take official action because of the contribution?

paid Matthew Borges

v. United States

25-757 Sixth Circuit, No. 23-3566

Judgment: May 06, 2025

Joseph Alexander Little IV Litson PLLC

54 Music Square East

Suite 300

Nashville, TN 37203

[Main Document] [Lower Court Orders/Opinions] [Lower Court Orders/Opinions] [Petition] [Certificate of Word Count] [Main Document]
Question(s) presenteda QUESTION PRESENTED

The First Amendment protects soliciting for, and contributing to, political campaigns based on policies that a candidate agrees to take while in office. To avoid chilling that core speech, this Court’s precedent requires an explicit quid pro quo when the alleged “bribe” is a contribution. Yet some courts, invoking H’vans v. United States, allow conviction on ambiguous “in return for” evidence and “as opportunities arise” jury instructions.

The question presented is:

When alleged bribery rests solely on lawful campaign contributions, must the government prove an explicit, unambiguous quid pro quo conditioning an official act, or may a conviction rest on such ambiguity?

paid Moreland Properties LLC, a Colorado Limited Liability Company

v. Goodyear Tire & Rubber Company, an Ohio Corporation

25-758 Ninth Circuit, No. 24-2451

Judgment: August 26, 2025

Dominic Emil Draye Greenberg Traurig, LLP

2101 L Street N.W.

Washington, DC 20037

[Main Document] [Lower Court Orders/Opinions] [Lower Court Orders/Opinions] [Petition] [Certificate of Word Count] [Main Document] [Main Document] [Certificate of Word Count] [Main Document]
Question(s) presentedF QUESTION PRESENTED

Under CERCLA, private parties who clean up contaminated land may recover their costs from pol- luters only if their cleanup substantially complies with the National Contingency Plan. 42 U.S.C. § 9607(a). When the United States government, a State, or an Indian tribe conducts a cleanup itself, it enjoys a presumption of compliance with the Na- tional Contingency Plan. Jd. And when private par- ties obtain EPA approval of their cleanup, they too enjoy a presumption of compliance. 40 C.F.R. § 300.700(c)(3)(a1).

The question presented, which has divided the circults 3-4, 1s whether a private party whose clean- up is reviewed and approved by a State likewise en- joys a presumption of substantial compliance with the National Contingency Plan.

paid Amber Lavigne

v. Great Salt Bay Community School Board

25-759 First Circuit, No. 24-1509

Judgment: July 28, 2025

Adam Christopher Shelton Goldwater Institute

500 E Coronado Rd

Phoenix, AZ 85004

[Main Document] [Petition] [Certificate of Word Count] [Main Document]
Question(s) presenteda QUESTIONS PRESENTED

In December 2022, Petitioner discovered a chest binder in her 18-year-old child’s room. After speaking with her child, she learned that a social worker at her child’s public school had given her child the binder and that others had “socially transitioned” the child by using a different name and pronouns. No one from the school informed Petitioner of these decisions, and despite a written policy requiring parental involvement in such decisions, school officials have repeatedly said that school staff violated no policy by withholding this information. Petitioner sued the School Board, alleging the existence of an unwritten policy allowing employees to make these decisions without informing parents, which violated Petitioner’s fundamental right to control and direct the education and upbringing of her child. The First Circuit dismissed Petitioner’s claims, however, determining that there was a more probable “alternative explanation” than the existence of an unwritten policy. In doing so, the court widened an entrenched circuit split over the application of the Twombly/Iqbal “plausibility” requirement.

The questions presented are:

  1. Whether a court can rely on a probable alternative explanation at the 12(b)(6) stage to dismiss a claim, as five circuits hold, or whether a complaint can only be dismissed if the plaintiff’s explanation is itself implausible, as three circuits hold.

  2. Whether a parent’s fundamental constitutional rights include the right to be notified when public schools affirmatively recognize and facilitate a child’s gender- transition.

paid Hamdi A. Mohamud

v. Heather Weyker, St. Paul Police Officer

25-760 Eighth Circuit, No. 24-1875

Judgment: July 23, 2025

Patrick Michael Jaicomo Institute for Justice

901 North Glebe Road

Suite 900

Arlington, VA 22203

[Petition] [Appendix] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Main Document] [Certificate of Word Count]
Question(s) presented1 QUESTIONS PRESENTED

Section 1983 guarantees that “[e]very person” who violates an individual’s constitutional rights “under color of any statute, ordinance, custom, or usage, of any State * * * shall be hable.” 42 U.S.C. 1983.

Respondent St. Paul Police Officer Heather Wey- ker framed Petitioner Hamdi Mohamud for a crime, causing Mohamud (then a minor) to spend two years in prison. At the time, Weyker was cross-deputized with narrow federal authority, so Mohamud asserted causes of action against her under both Section 1988 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Eighth Circuit recognized that Mohamud’s rights were clearly established, but it held in 2020 that she may not sue under Bivens. In its opinion below, the Eighth Circuit held that Mohamud may not sue under Sec- tion 1983, either. In doing so, the court deepened a circuit split over how to apply this Court’s state-action doctrine and left Mohamud remediless.

The questions presented are:

  1. Whether a local police officer wielding both state and federal authority can act under color of state law for purposes of 42 U.S.C. 1983.

  2. If not, whether a local police officer acting with federal authority 1s subject to a Bivens cause of action for Fourth Amendment violations she commits in the common and recurrent sphere of domestic law enforcement.

paid Hamdi A. Mohamud

v. Heather Weyker, St. Paul Police Officer

25-760 Eighth Circuit, No. 24-1875

Judgment: July 23, 2025

Anna Aleksandrovna Bidwell Institute for Justice

901 N. Glebe Rd.

Suite 900

Arlington, VA 22203

[Petition] [Appendix] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Main Document] [Certificate of Word Count]
Question(s) presented1 QUESTIONS PRESENTED

Section 1983 guarantees that “[e]very person” who violates an individual’s constitutional rights “under color of any statute, ordinance, custom, or usage, of any State * * * shall be hable.” 42 U.S.C. 1983.

Respondent St. Paul Police Officer Heather Wey- ker framed Petitioner Hamdi Mohamud for a crime, causing Mohamud (then a minor) to spend two years in prison. At the time, Weyker was cross-deputized with narrow federal authority, so Mohamud asserted causes of action against her under both Section 1988 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Eighth Circuit recognized that Mohamud’s rights were clearly established, but it held in 2020 that she may not sue under Bivens. In its opinion below, the Eighth Circuit held that Mohamud may not sue under Sec- tion 1983, either. In doing so, the court deepened a circuit split over how to apply this Court’s state-action doctrine and left Mohamud remediless.

The questions presented are:

  1. Whether a local police officer wielding both state and federal authority can act under color of state law for purposes of 42 U.S.C. 1983.

  2. If not, whether a local police officer acting with federal authority 1s subject to a Bivens cause of action for Fourth Amendment violations she commits in the common and recurrent sphere of domestic law enforcement.

paid Hamdi A. Mohamud

v. Heather Weyker, St. Paul Police Officer

25-760 Eighth Circuit, No. 24-1875

Judgment: July 23, 2025

Marie Leora Miller Institute for Justice

901 N. Glebe Rd.

Suite 900

Arlington, VA 22203

[Petition] [Appendix] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Main Document] [Certificate of Word Count]
Question(s) presented1 QUESTIONS PRESENTED

Section 1983 guarantees that “[e]very person” who violates an individual’s constitutional rights “under color of any statute, ordinance, custom, or usage, of any State * * * shall be hable.” 42 U.S.C. 1983.

Respondent St. Paul Police Officer Heather Wey- ker framed Petitioner Hamdi Mohamud for a crime, causing Mohamud (then a minor) to spend two years in prison. At the time, Weyker was cross-deputized with narrow federal authority, so Mohamud asserted causes of action against her under both Section 1988 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Eighth Circuit recognized that Mohamud’s rights were clearly established, but it held in 2020 that she may not sue under Bivens. In its opinion below, the Eighth Circuit held that Mohamud may not sue under Sec- tion 1983, either. In doing so, the court deepened a circuit split over how to apply this Court’s state-action doctrine and left Mohamud remediless.

The questions presented are:

  1. Whether a local police officer wielding both state and federal authority can act under color of state law for purposes of 42 U.S.C. 1983.

  2. If not, whether a local police officer acting with federal authority 1s subject to a Bivens cause of action for Fourth Amendment violations she commits in the common and recurrent sphere of domestic law enforcement.

paid Hamdi A. Mohamud

v. Heather Weyker, St. Paul Police Officer

25-760 Eighth Circuit, No. 24-1875

Judgment: July 23, 2025

Anthony Brian Sanders Institute for Justice

P.O. Box 315

Lindstrom, MN 55045

[Petition] [Appendix] [Certificate of Word Count] [Main Document] [Certificate of Word Count] [Main Document] [Main Document] [Certificate of Word Count]
Question(s) presented1 QUESTIONS PRESENTED

Section 1983 guarantees that “[e]very person” who violates an individual’s constitutional rights “under color of any statute, ordinance, custom, or usage, of any State * * * shall be hable.” 42 U.S.C. 1983.

Respondent St. Paul Police Officer Heather Wey- ker framed Petitioner Hamdi Mohamud for a crime, causing Mohamud (then a minor) to spend two years in prison. At the time, Weyker was cross-deputized with narrow federal authority, so Mohamud asserted causes of action against her under both Section 1988 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The Eighth Circuit recognized that Mohamud’s rights were clearly established, but it held in 2020 that she may not sue under Bivens. In its opinion below, the Eighth Circuit held that Mohamud may not sue under Sec- tion 1983, either. In doing so, the court deepened a circuit split over how to apply this Court’s state-action doctrine and left Mohamud remediless.

The questions presented are:

  1. Whether a local police officer wielding both state and federal authority can act under color of state law for purposes of 42 U.S.C. 1983.

  2. If not, whether a local police officer acting with federal authority 1s subject to a Bivens cause of action for Fourth Amendment violations she commits in the common and recurrent sphere of domestic law enforcement.

paid Novo Nordisk Inc.

v. Robert F. Kennedy, Secretary of Health and Human Services

25-761 Third Circuit, No. 24-2510

Judgment: October 06, 2025

Ashley C. Parrish King & Spalding

1700 Pennsylvania Avenue NW

Washington, DC 20006

[Petition] [Certificate of Word Count] [Main Document] [Main Document] [Certificate of Word Count] [Main Document] [Certificate of Word Count]
Question(s) presentedQUESTION PRESENTED

The Inflation Reduction Act grants the Centers for Medicare and Medicaid Services (“CMS”) unprecedented and unfettered authority to impose price controls on pharmaceutical products. As interpreted by the government, the statute includes no enforceable standards or procedures to guide and constrain CMS’s price-setting decisions; authorizes the agency to implement price controls by imposing new binding rules at whim, unconstrained by the Administrative Procedure Act’s procedural and judicial review requirements; and forces manufacturers to express the view that any price CMS dictates is the “maximum fair price.” Although the statute levels an enterprise-crippling penalty on any manufacturer that does not comply, CMS claims that no constitutional constraints apply because the agency says it will not enforce the statute’s multi-billion- dollar penalties if a manufacturer stops selling all of its products to the more than 140 million individuals who participate in Medicare and Medicaid.

The questions presented are:

  1. Is the separation of powers violated when an agency exercises sweeping price-setting and rule- making authority with no constraints to ensure that it acts reasonably and within lawful bounds?

  2. Is the federal government permitted to sidestep all constitutional constraints in the course of dictating the price of pharmaceutical sales made to a huge segment of the American population when such pricing is dictated in connection with a government- funded financial-assistance program, like Medicare?

paid Ian Freeman, fka Ian Bernard

v. United States

25-762 First Circuit, No. 23-1839

Judgment: July 29, 2025

Richard C. Guerriero Jr. Lothstein Guerriero PLLC

39 Central Square

Suite 202

Keene, NH 03431

[Petition] [Certificate of Word Count] [Main Document]
Question(s) presenteda QUESTION PRESENTED

Did the federal agency FinCEN exceed the authority granted in 2001 by Congress in 31 U.S.C. § 5330 to regulate money transmitting businesses when FinCEN interpreted one word in that statute — “funds” — as authority to require sellers of bitcoin and other virtual currencies prior to 2021 to register with FinCEN, when virtual currency was not invented until 2008 and when Congress did not amend the statute to capture virtual currencies until 2021, after they had become financial instruments of great political and economic significance?

ifp Avis Coward

v. United States

25-6433 Sixth Circuit, No. 24-1885

Judgment: September 22, 2025

Stephenie Nichole Lape Stephenie N. Lape, PLLC

810 Sycamore Street, 6th floor

Cincinnati, OH 45202

[Petition] [Motion for Leave to Proceed in Forma Pauperis] [Appendix] [Certificate of Word Count] [Main Document]
Question(s) presentedQUESTIONS PRESENTED
  1. Whether this Honorable Court should grant certiorari to review whether the Sixth Circuit’s determination that 18 U.S.C §922(g) is constitutional on its face and as applied to Mr. Coward in violation of the Second Amendment.

  2. Whether this Honorable Court should grant certiorari to review whether the Sixth Circuit determination that a two-level role organizer or leader enhancement was appropriate where the record showed Mr. Coward merely played an essential role.

1

ifp Natasha T. Baskin

v. Algernon M. Pitre

25-6434 District of Columbia Court of Appeals, No. 24-CV-0036

Judgment: August 07, 2025

Natasha T. Baskin 5885 Suitland Rd.

Suitland, MD 20746

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix]
Question(s) presentedQUESTIONS PRESENTED
  1. Due Process and Access to Courts 7 Whether the combined effect of emergency tolling restrictions, deriial of disability accommodations, and additional procedural barriers violated the Due Process Clause by depriving pro se litigants with disabilities of meaningful access to the : courts and extinguishing otherwise timely claims.
  2. Equal Protection in Application of Tolling Orders

| Whether limiting tolling relief only to claims expiring strictly within the emergency period, while denying relief to similarly situated htigants whose claims expired immediately thereafter, violates the Equal Protection Clause. 3. Conflict with Federal Precedent on Tolling Principles Whether the District of Columbia courts’ narrow interpretation of emergency tolling orders conflicts with federal precedent requiring broader tolling to protect litigants’ . rights during extraordinary circumstances. 7 :

| 4. Delayed Discovery Doctrine and Disability Rights | Whether refusal to apply the delayed discovery doctrine, despite physician-documented cognitive impairments and D.C. Code § 12-302, violated : federal law and Title IT of the ADA by denying equal access to justice. 5. Impact of Hostile Work Environment and Retaliation on Disability Progression | : Whether courts must consider the cumulative impact of unresolved hostile work , environment and retaliation claims—where the record shows progression from one disability to multiple impairments—when applying tolling doctrines and access-to-justice protections. ; 6. National Importance of Uniform Standards for Pro Se Litigants with | Cognitive Impairments | | Whether inconsistent application of emergency tolling, disability-based tolling, and delayed discovery doctrines among jurisdictions raises a question of national importance warranting this Court’s intervention to ensure uniform access to justice for pro se litigants with cognitive impairments.

ifp Lenny Reyes

v. United States

25-6435 Second Circuit, No. 24-2723

Judgment: September 26, 2025

Siobhan Catherine Atkins Federal Defenders of New York Inc

52 Duane Street, 10th Floor

New York, NY 10007

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presentedQUESTION PRESENTED Whether 18 U.S.C. § 922(g)(1) 1s unconstitutional on its face or as applied to Petitioner because, consistent with the Second Amendment, the federal government may not permanently disarm citizens whose prior felony convictions were for nonviolent offenses only. 1
ifp Francisco Junior Louis

v. United States

25-6436 Eleventh Circuit, No. 23-10643

Judgment: August 11, 2025

Benedict P. Kuehne Kuehne Davis Law, P.A.

100 South East 2 Street

Suite 3650

Miami, FL 33131

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Certificate of Word Count] [Main Document]
Question(s) presentedQUESTION PRESENTED Is a criminal defendant’s statutory and constitutional right to a speedy trial violated when the delay in obtaining an indictment arose from the government’s failure to present the case to the grand jury for Covid-19 reasons not attributable to the defendant, the delay is timely challenged by the defendant’s pro se motion filed soon after expressing disagreement with court-appointed counsel, and the subsequent delay in commencing trial ran afoul of his constitutional guarantee of a speedy trial? PARTIES TO THE PROCEEDING All parties are listed in the caption. 1
ifp Sean Blaine James

v. Oregon

25-6437 Court of Appeals of Oregon, No. A180916

Judgment: December 26, 2024

Kyle Larry Krohn Oregon Public Defense Commission

1175 Court Street NE

Salem, OR 97301

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presentedQUESTION PRESENTED Whether the Fourteenth Amendment fully incorporates the Grand Jury Clause of the Fifth Amendment?
ifp Frankie Acosta

v. United States

25-6438 Fifth Circuit, No. 25-50083

Judgment: September 25, 2025

Bradford Wayne Bogan Federal Public Defender, Western District of Texas

300 Convent Street

Suite 2300

San Antonio, TX 78205

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presented1 Question Presented

Whether 18 U.S.C. § 922(g)(1), the federal statute that prohibits anyone who has been convicted of “a crime punishable by imprisonment for a term exceeding one year” from possessing a firearm, violates the Second Amendment either facially or as applied to individuals with prior convictions for offenses that did not result in disarmament in the Founding era.

ifp Marquis Melton

v. United States

25-6439 Eighth Circuit, No. 24-2096

Judgment: July 24, 2025

Mohammed Ahmed Federal Public Defender’s Office E.D. Mo.

1010 Market Street

Suite 200

St. Louis, MO 63101

[Main Document] [Lower Court Orders/Opinions] [Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presentedQUESTION PRESENTED

This Court has repeatedly emphasized the importance of properly calculating the Guidelines range. Calculating the applicable Guidelines range is the first step for a district court at sentencing. Peugh v. United States, 569 U.S. 530, 536 (2013). Courts work towards nationwide consistency in sentencing by making the range the “starting point and initial benchmark.” Jd. Having a properly calculated range is so important that it 1s also the first step an appellate court must take: it must ensure “the district court committed no significant procedural error, such as failing to calculate (or improperly calculating) the Guidelines range.” Gall v. United States, 552 U.S. 38, 51 (2007).

However, the Circuits are divided on whether a district court can prevent appellate review of its Guidelines calculation by stating, regardless of the proper range, it would have imposed the same sentence. The Eighth Circuit falls on the minority side and has repeatedly skipped this crucial step because of a simple statement made by a district court.

The question presented 1s:

Whether a district court’s statement, asserting it would have imposed the same sentence regardless of any potential procedural error, renders that error harmless and precludes meaningful appellate review.

1

ifp Juan Guajardo-Martinez

v. United States

25-6440 Seventh Circuit, No. 24-1144

Judgment: September 22, 2025

Johanna Maria Christiansen Federal Public Defender’s Office

401 Main Street

Suite 1500

Peoria, IL 61602

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presentedQUESTION PRESENTED

Whether this Court should recognize the “ruse exception” to the Speedy Trial Act when federal law enforcement and immigration authorities work together to violate defendants’ right to a speedy indictment under 18 U.S.C. § 3161(b)?

LIST OF PARTIES All parties appear in the caption of the case on the cover page. ii

ifp Kamlesh Banga

v. Lawrence R. Lustig

25-6441 Second Circuit, No. 24-140

Judgment: July 17, 2025

Kamlesh Banga P.O. Box 5656

Vallejo, CA 94591

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presented! | an QUESTION PRESENTED

_ | Whether a district court violates 28 U.S.C. § 636(b)(1)(C) and Article III when it adopts

a magistrate judge’s recommendation through complete judicial silence—without addressing the claim at issue or responding to timely filed specific objections supported by controlling legal authority—thereby permitting a non-Article III officer’s determination to stand as final. | | . | | ;

ifp Michael Hinds

v. United States

25-6442 Sixth Circuit, No. 24-1704, 22-1848

Judgment: August 08, 2025

Jean Pierre Nogues III Federal Community Defender of E.D. Mich.

613 Abbott St.

Suite 500

Detroit, MI 48226

[Motion for Leave to Proceed in Forma Pauperis] [Petition] [Appendix] [Main Document]
Question(s) presentedQUESTION PRESENTED FOR REVIEW Does the ACCA occasions-different inquiry, requiring a detailed, multi-factored analysis of the facts surrounding at least three prior offenses—tfacts which are not intrinsic to the elements of 922(¢)(l)—render Er/inger errors structural and not subject to harmless-error analysis?
app RMS of Georgia, LLC, dba Choice Refrigerants

v. Environmental Protection Agency

25A748 District of Columbia Circuit, No. 23-1263

Judgment: —

Erin E. Murphy Clement & Murphy, PLLC

706 Duke Street

Alexandria, VA 22314

[Main Document] [Lower Court Orders/Opinions] [Written Request] NA
app Robinhood Markets, Inc.

v. Vinod Sodha

25A749 Ninth Circuit, No. 24-1036

Judgment: —

Jeffrey B. Wall Sullivan & Cromwell LLP

1700 New York Ave NW

Suite 700

Washington, DC 20006

[Main Document] NA
app Joseph Allen Maldonado

v. United States

25A750 Tenth Circuit, No. 23-6207

Judgment: —

Alexander L. Roots Planalp & Roots, P.C.

P.O. Box 1

27 N. Tracy

Bozeman, MT 59771

[Main Document] NA
app Jessica Sweeney

v. University of Colorado Hospital Authority

25A751 Tenth Circuit, No. 25-1005

Judgment: —

David J. Schexnaydre Schexnaydre Law Firm

2895 Hwy 190

Suite 212

Mandeville, LA 70471

[Main Document] [Lower Court Orders/Opinions] NA
app Charles Don Flores

v. Texas

25A752 Court of Criminal Appeals of Texas, No. WR-64,654-04

Judgment: —

Gretchen S. Sween 712 Upson Street

Austin, TX 78703-4529

[Main Document] NA