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