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Glenn E. Diaz v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-30751 · judgment January 21, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here and a Fifth Circuit decision below.

Questions presented

1

  1. Whether a district court can completely bar defense counsel from cross-examining a key government witness on an issue probative of bias and motive.

  2. Whether this Court’s decision in Loper Bright Enterprises v. Raimondo, 603 U.S. 369 (2024) implicitly overruled its earlier decision in Stinson v. United States, 508 U.S. 36 (1993), in which the Court held that Commentary in the Sentencing Guidelines is to be considered “authoritative” when interpreting ambiguous guidelines.

  3. The caption of the case contains the names of all the parties to the proceeding in the court whose judgment is sought to be reviewed.

Counsel of record

For petitioner
Herbert V. Larson Jr.
The Law Offices of Herbert V. Larson, Jr.

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 6, 2025 · Certiorari denied

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Jul 09 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Jul 01 2025
    Waiver of right of respondent United States to respond filed.
  4. Jun 09 2025
    Petition for a writ of certiorari filed. (Response due July 14, 2025)