Supreme Court of the United States · Official docket →
Rodrick Johnson v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-30803 · judgment August 15, 2025
Question presented
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Should this Court summarily vacate Petitioner’s judgment in light of Esteras v. United States, 666 U.S. 185 (2025), because the district court based its upward variance sentence on the 18 U.S.C. § 3553(a)(2)(A) factor, and the Fifth Circuit relied on since-abrogated circuit precedent holding that such consideration is permissible as long as it was not a “dominant factor”?
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Does the fugitive-tolling doctrine apply in the context of supervised release? Petitioner notes that this question is identical to the question for which this Court granted certiorari in Rico v. United States, No. 24-1056 (cert. granted June 30, 2025). The Court has therefore already determined that this question meets the criteria set forth in Supreme Court Rule 10.
Counsel of record
For petitioner
Steven Edward Spires
Federal Public Defender, Eastern Dist. of La.
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- May 08 2026Judgment issued.
- Apr 06 2026Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Rico v. United States, 607 U. S. ___ (2026).
- Mar 30 2026DISTRIBUTED for Conference of 4/2/2026.
- Feb 05 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 28 2026Reply of petitioner Rodrick Johnson filed.
- Jan 16 2026Memorandum of respondent United States filed.
- Dec 15 2025Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2026.
- Dec 11 2025Motion to extend the time to file a response from December 17, 2025 to January 16, 2026, submitted to The Clerk.
- Nov 13 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2025)