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Arturo Garza, Jr. v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-20513 · judgment February 7, 2025

Certiorari denied · January 12, 2026

Question presented

There is a conflict among the United States Courts of Appeals regarding the scope of the mandate for resentencing on remand. The question is: Whether the mandate rule precludes a district court from recalculating a defendant’s Sentencing Guidelines range at resentencing based on convictions received between the first and second sentencings (as the First Circuit holds), or whether the mandate rule permits such recalculation of the Guidelines range (as the Fifth, Eighth, Ninth, and Eleventh Circuits hold).

Counsel of record

For petitioner
Rosa Victoria Garcia-Cross
Federal Public Defender's Office

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 11 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 10 2025
    Reply of petitioner Arturo Garza, Jr. filed. (Distributed)
    Proof of ServiceMain Document
  4. Nov 24 2025
    Brief of respondent United States in opposition filed.
    Main DocumentProof of Service
  5. Nov 10 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including November 24, 2025.
  6. Nov 06 2025
    Motion to extend the time to file a response from November 13, 2025 to November 24, 2025, submitted to The Clerk.
    Main Document
  7. Oct 08 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including November 13, 2025.
  8. Oct 07 2025
    Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
    Main Document
  9. Sep 09 2025
    Motion to extend the time to file a response is granted and the time is extended to and including October 14, 2025.
  10. Sep 08 2025
    Motion to extend the time to file a response from September 11, 2025 to October 14, 2025, submitted to The Clerk.
    Main Document
  11. Aug 12 2025
    Response Requested. (Due September 11, 2025)
  12. Jul 03 2025
    DISTRIBUTED for Conference of 9/29/2025.
  13. Jul 01 2025
    Waiver of right of respondent United States to respond filed.
    Main Document
  14. Jun 09 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 11, 2025)
    Motion for Leave to Proceed in Forma PauperisPetitionAppendixAppendixAppendixProof of Service