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Billy Joe Russell v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50075 · judgment May 8, 2025


Certiorari denied · October 6, 2025

Question presented

Whether a defendant challenging a prior state conviction under the categorical or modified categorical approaches must produce actual state court decisions showing a non-generic application of a facially overbroad statute—as the Fifth Circuit alone requires—or whether the statutory text suffices to demonstrate overbreadth—as every other circuit holds?

Counsel of record

For petitioner
Shane O'Neal
O'Neal Law

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 28 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Aug 21 2025
    Waiver of right of respondent United States to respond filed.
  4. Aug 06 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2025)