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
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
- 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)