Supreme Court Report

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Richard Ruston v. United States

IFP petition · United States Court of Appeals for the Tenth Circuit, No. 24-3054 · judgment May 29, 2025


Certiorari denied · May 26, 2026

Question presented

Under 18 U.S.C. § 3583(d), a sentencing court may only impose a discretionary condition of supervised release insofar as the condition “is reasonably related to the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D).” The factor set forth in section 3553(a)(1) is “the nature and circumstances of the offense and the history and characteristics of the defendant.” The question presented is: Whether the “and” in 18 U.S.C. § 3583(d)(1), as well as the “and” in 18 U.S.C. § 3553(a)(1), as cross-referenced in section 3583(d)(1), means “and,” or whether the “and” means “or,” as the Tenth Circuit held below?

Counsel of record

For petitioner
Ephraim Alexander McDowell
Cooley LLP

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. May 26 2026
    Petition DENIED.
  2. May 06 2026
    DISTRIBUTED for Conference of 5/21/2026.
  3. May 05 2026
    Reply of petitioner Richard Ruston filed. (Distributed)
  4. Apr 20 2026
    Brief of United States in opposition not accepted for filing. (To be Resubmitted April 21, 2026)
  5. Apr 20 2026
    Brief of respondent United States in opposition filed. (Resubmitted)
  6. Mar 13 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including April 20, 2026.
  7. Mar 11 2026
    Motion to extend the time to file a response from March 19, 2026 to April 20, 2026, submitted to The Clerk.
  8. Feb 11 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2026.
  9. Feb 09 2026
    Motion to extend the time to file a response from February 17, 2026 to March 19, 2026, submitted to The Clerk.
  10. Jan 12 2026
    Motion to extend the time to file a response is granted and the time is extended to and including February 17, 2026.
  11. Jan 08 2026
    Motion to extend the time to file a response from January 16, 2026 to February 17, 2026, submitted to The Clerk.
  12. Dec 17 2025
    Response Requested. (Due January 16, 2026)
  13. Dec 11 2025
    DISTRIBUTED for Conference of 1/9/2026.
  14. Dec 09 2025
    Waiver of right of respondent United States to respond filed.
  15. Nov 21 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2025)