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Busch Sereal v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-30198 · judgment September 5, 2025


Certiorari denied · January 20, 2026

Question presented

Whether a defendant challenging a prior state conviction under the crime of violence definitions must produce actual state court decisions showing non-generic application of a facially overbroad statute—as the Fifth Circuit alone requires—or whether the statutory text suffices to demonstrate overbreadth—as every other circuit holds?

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

  1. Jan 20 2026
    Petition DENIED.
  2. Dec 31 2025
    DISTRIBUTED for Conference of 1/16/2026.
  3. Dec 22 2025
    Waiver of right of respondent United States to respond filed.
  4. Dec 04 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2026)