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Otto Melvin Ramirez v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50929 · judgment November 3, 2025


Certiorari denied · March 23, 2026

Question presented

When a sentencing court considers imposing a term of supervised release, 18 U.S.C. § 3583(c) stipulates which factors the court may weigh, while U.S.S.G. § 5D1.1(c) provides guidance on applying supervised release to deportable aliens. Petitioner Otto Melvin Ramirez is a deportable alien who has been given a sentence which includes supervised release. The circuit courts are divided over the Question Presented, which is as follows: Whether a district court violated 18 U.S.C. § 3583(c) and U.S.S.G. § 5D1.1(c) by imposing a term of supervised release on a deportable defendant without making an individualized finding that such supervision is necessary.

Counsel of record

For petitioner
Joseph Jeff Ostini
National Defense Law

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 23 2026
    Petition DENIED.
  2. Feb 26 2026
    DISTRIBUTED for Conference of 3/20/2026.
  3. Feb 18 2026
    Waiver of right of respondent United States to respond filed.
  4. Jan 30 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2026)