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Andres Burgara v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-581 · judgment January 2, 2025


Certiorari denied · January 12, 2026

Question presented

Section 841(a) of Title 21 of the United States Code makes it “unlawful for any person knowingly or intentionally--(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.” The question presented is: Does the simultaneous possession of one type of controlled substance in two different locations constitute a single offense under 21 U.S.C. § 841(a)(1)?

Counsel of record

For petitioner
Holt Ortiz Alden
Office of the Federal Public Defender (C.D. Cal.)

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Linked docket
24A1068

Proceedings

  1. Jan 12 2026
    Petition DENIED.
  2. Dec 11 2025
    DISTRIBUTED for Conference of 1/9/2026.
  3. Dec 09 2025
    Reply of petitioner Andres Burgara filed. (Distributed)
  4. Nov 26 2025
    Brief of respondent United States in opposition filed.
  5. Oct 20 2025
    Motion to extend the time to file a response is granted and the time is further extended to and including November 26, 2025.
  6. Oct 17 2025
    Motion to extend the time to file a response from October 27, 2025 to November 26, 2025, submitted to The Clerk.
  7. Sep 19 2025
    Motion to extend the time to file a response is granted and the time is extended to and including October 27, 2025.
  8. Sep 18 2025
    Motion to extend the time to file a response from September 25, 2025 to October 27, 2025, submitted to The Clerk.
  9. Aug 26 2025
    Response Requested. (Due September 25, 2025)
  10. Aug 07 2025
    DISTRIBUTED for Conference of 9/29/2025.
  11. Aug 04 2025
    Waiver of right of respondent United States to respond filed.
  12. Jul 10 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2025)
  13. May 05 2025
    Application (24A1068) granted by Justice Kagan extending the time to file until July 11, 2025.
  14. May 01 2025
    Application (24A1068) to extend the time to file a petition for a writ of certiorari from May 12, 2025 to July 11, 2025, submitted to Justice Kagan.