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Kenleone Joe Nyandoro v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-10579 · judgment August 4, 2025


GVR'd · June 29, 2026

Questions presented

  1. Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum.

  2. Whether an appeal waiver applies when the sentencing judge advised the defendant that he has a right to appeal and the government did not object.

  3. Whether 18 U.S.C. § 922(g)(3), which prohibits possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance,” violates the Second Amendment as applied to an individual who did not admit that he was intoxicated at the time of the firearm possession when he pleaded guilty.

  4. Whether 18 U.S.C. § 922(g)(3)’s prohibition on firearm possession by “an unlawful user” of “any controlled substance” is unconstitutionally vague or should be construed in the narrowest manner possible to avoid unconstitutional applications.

  5. Whether a claim of legal innocence premised on a post-plea but pre-sentencing change in precedent constitutes a “fair and just reason” to allow withdrawal of a guilty plea under Federal Rule of Criminal Procedure 11(d)(2)(B).

  6. Whether Congress may criminalize intrastate firearm possession based solely on the firearm crossing state lines at some point before the defendant came to possess it.

Counsel of record

For petitioner
Maria Gabriela Vega
Office of the Federal Public Defender, NDTX

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jul 31 2026
    Judgment Issued.
  2. Jun 29 2026
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Hunter v. United States, 608 U. S. ___ (2026).
  3. Jun 22 2026
    DISTRIBUTED for Conference of 6/25/2026.
  4. Feb 12 2026
    DISTRIBUTED for Conference of 2/27/2026.
  5. Jan 23 2026
    Memorandum of respondent United States filed.
  6. Dec 19 2025
    Motion to extend the time to file a response is granted and the time is extended to and including January 23, 2026.
  7. Dec 18 2025
    Motion to extend the time to file a response from December 24, 2025 to January 23, 2026, submitted to The Clerk.
  8. Nov 20 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2025)