Supreme Court of the United States · Official docket →
Elijah D. Brown v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-30214 · judgment May 30, 2025
Certiorari denied · January 12, 2026
Question presented
Whether the Fifth Amendment’s Due Process Clause permits a district court to base a sentencing determination on technical and factual assertions that were never introduced into evidence or subjected to adversarial testing, a question that has divided the circuits?
Counsel of record
For petitioner
Dustin Talbot
Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 12 2026Petition DENIED.
- Dec 24 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 18 2025Waiver of right of respondent United States to respond filed.
- Nov 18 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2025)