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
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, January 12, 2026 · Certiorari denied
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)