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John Louis Atkins v. United States District Court for the Northern District of Texas
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-10667 · judgment September 22, 2025
Question presented
Does a United States District Court retain criminal jurisdiction (under 18 U.S.C. § 3231) over a defendant after a jury's finding of not guilty to per sist in the prosecution of a supervised release revocation/violation, when the plain language of § 3231 requires "... an offense against the laws of the United States," where the alleged violation is premised upon the jury trials acquitted conduct that arose from the very same event. ? And; As a result of the U.S. Sentencing Commission's recent amendment to the Sentencing Guidelines, Section 1B1.3 (Relevant Conduct) adding Subsection (c) (Acquitted Conduct) does not begin to remedy the bedrock Constitutional iss ues under the Fifth and Sixth Amendmends and 18 U.S.C. § 3583(e)(3)'s Due Process Clause violation regarding the preponderance of evidence on a felony or "infamous" sentence. n.
Counsel of record
For petitioner
John Louis Atkins
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- May 04 2026Petition DENIED.
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 08 2026Waiver of right of respondent USDC ND TX to respond filed.
- Dec 03 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2026)