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Eleuterio Zubia-Melendez v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50432, 24-50439 · judgment May 2, 2025


Certiorari denied · October 6, 2025

Question presented

  1. Whether, in light of Class v. United States, 138 S. Ct. 798, 200 L. Ed. 2d 37 (2018), a guilty plea forecloses a defendant’s ability to raise, on direct appeal, a Fourth Amendment challenge to suspicionless, technology-driven surveillance— such as license-plate readers at unmanned checkpoints—where the legal basis for the claim was unsettled at the time of the plea.

Counsel of record

For petitioner
Joseph Jeff Ostini
National Defense Law

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 21 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Aug 13 2025
    Waiver of right of respondent United States to respond filed.
  4. Jul 29 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2025)