Supreme Court of the United States · Official docket →
David Andrew Diehl v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50855 · judgment May 21, 2025
Dismissed · January 20, 2026
Question presented
QUESTION ONE Did the fifth Circuit have subject matter jurisdiction on direct appeal to consider an ex post facto constitutional argument that was never raised. QUESTION TWO Does the full ex post facto clause apply where the offense occurred prior to United States v. Booker in light of Peugh v. United States. QUESTION THREE . Did Diehl present facts showing fraud on the court per Fed.R.Civ.P. Rule 60(d)(3).
Counsel of record
For petitioner
David A. Diehl
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 3 conferences
Proceedings
- May 18 2026Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
- Apr 22 2026Motion DISTRIBUTED for Conference of 5/14/2026.
- Feb 11 2026Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
- Jan 20 2026The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam). Justice Jackson, dissenting: I respectfully dissent from the order barring this incarcerated petitioner from filing future in forma pauperis petitions in noncriminal matters. See Howell v. Circuit Court of Indiana, 607 U. S. ___ (2026) (Jackson, J., dissenting).
- Jan 12 2026DISTRIBUTED for Conference of 1/16/2026.
- Dec 17 2025DISTRIBUTED for Conference of 1/9/2026.
- Dec 11 2025Waiver of right of respondent United States to respond filed.
- Oct 22 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2026)