Supreme Court of the United States · Official docket →
David Nicholson v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-11198 · judgment January 28, 2025
Certiorari denied · October 6, 2025
Question presented
- Whether a conviction under 21 U.S.C. § 841 for possession with intent to distribute a controlled substance can be sustained based solely on (1) constructive possession inferred from joint occupancy or proximity to hidden contraband without clear evidence of dominion and control, and (2) an uncorroborated post-offense admission not made to law enforcement, where no independent evidence confirms the essential element of possession. STATEMENT REGARDING PARTIES TO THE CASE The names of all parties to the case are contained in the caption of the case. RELATED PROCEEDINGS U.S. District Court: On November 20, 2023, judgment was entered against Petitioner David Nicholson in United States v. Nicholson, No. 4:22-CR-00361. (Appendix A). U.S. Court of Appeals: On January 28, 2025, the Fifth Circuit affirmed Mr. Nicholson’s conviction and sentence in an unpublished decision, United States v. Nicholson, No. 23-11198 (5th Cir. 2025). (Appendix B). Nicholson Petition for Writ of Certiorari Page ii
Counsel of record
For petitioner
James Patrick Whalen
Whalen Law Office
For respondent
D. John Sauer
Solicitor General
Proceedings
- Oct 06 2025Petition DENIED.
- Sep 11 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 05 2025Waiver of right of respondent United States to respond filed.
- Jun 25 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 24, 2025)
- May 15 2025Application (24A1092) granted by Justice Alito extending the time to file until June 25, 2025.
- May 09 2025Application (24A1092) to extend the time to file a petition for a writ of certiorari from May 26, 2025 to July 10, 2025, submitted to Justice Alito.