Supreme Court of the United States · Official docket →
Jonathan Mota v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-4236 · judgment March 7, 2025
Questions presented
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Does the Ninth Circuit’s rule that issues raised and rejected on direct appeal are not reviewable in a 28 U.S.C. § 2255 petition conflict with the general rule announced by this Court that claims not raised on direct appeal may not be raised on collateral review?
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Was the Ninth Circuit correct to deny a certificate of appealability to review the district court’s conclusion that a Fifth Amendment constructive amendment claim raised by Mr. Mota on direct appeal was the same as the Sixth Amendment categorical analysis challenge raised by Mr. Mota post-conviction?
Counsel of record
For petitioner
Hanni M. Fakhoury
Moeel Lah Fakhoury LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 06 2025Petition DENIED.
- Jun 18 2025DISTRIBUTED for Conference of 9/29/2025.
- Jun 13 2025Waiver of right of respondent United States of America to respond filed.
- Jun 04 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2025)