Supreme Court of the United States · Official docket →
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
- Oct 06 2025Petition DENIED.
- Aug 28 2025DISTRIBUTED for Conference of 9/29/2025.
- Aug 21 2025Waiver of right of respondent United States to respond filed.
- Aug 06 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 12, 2025)