Supreme Court of the United States · Official docket →
William J. O'Brien, III v. United States
IFP petition · United States Court of Appeals for the Third Circuit, No. 25-1639 · judgment July 14, 2025
Question presented
'■ |saWritof Audita Querela under28 USC 1651, the "All Writs Act", applicable where a defendant was ^:ZedpdertetbeSupremeCourfsUNITEOSTATESv.— and defendant new cannot hie a Second of Successive 26 USC 2255, and because of the Supreme Courts easton JONES v. HENDRIX 143 S. Ct 1357.216 L Ed. 2d 475 (June 22.2023) where defendant is barred from reiief rom “ ""The Z«HAN decision established that the statute of conviction did not cover the Physician's conduct. ■ able at habeas Without a Second or Successive 23 USC 2255, nor a 28 USC 2241, That claim is cognizable at habeas, vviuiuut the "All Writs Act" under 28 USC 1651 does provide the needed relief with Audita Querela. :USci65iprov^
Counsel of record
For petitioner
William J. O'Brien III
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, February 23, 2026 · Certiorari denied
Proceedings
- Feb 23 2026Petition DENIED.
- Jan 15 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 13 2026Waiver of right of respondent United States to respond filed.
- Sep 30 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2026)