Supreme Court of the United States · Official docket →
Jaron McCree v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-30218 · judgment December 1, 2025
Question presented
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Did the Fifth Circuit clearly violate the party presentation principle by affirming Petitioner’s judgment based on a hypothetical finding of fact that the government (a) conceded in district court was unsupported by the record, and (b) never urged on appeal?
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Did the Fifth Circuit clearly violate this Court’s precedent by affirming Petitioner’s judgment based on its own independent fact finding, particularly considering (a) the government affirmatively waived the argument in district court, and (b) the district court considered and declined to adopt the Fifth Circuit’s alternative ground?
Counsel of record
For petitioner
Samantha Jean Kuhn
Federal Public Defender's Office
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Sep 03 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 17 2026Brief of respondent United States in opposition filed.
- Jul 10 2026Motion to extend the time to file a response is granted and the time is further extended to and including August 17, 2026.
- Jul 08 2026Motion to extend the time to file a response from July 17, 2026 to August 17, 2026, submitted to The Clerk.
- Jun 04 2026Motion to extend the time to file a response is granted and the time is further extended to and including July 17, 2026.
- Jun 03 2026Motion to extend the time to file a response from June 17, 2026 to July 17, 2026, submitted to The Clerk.
- May 18 2026Motion to extend the time to file a response is granted and the time is extended to and including June 17, 2026.
- May 14 2026Motion to extend the time to file a response from May 18, 2026 to June 17, 2026, submitted to The Clerk.
- Apr 17 2026Response Requested. (Due May 18, 2026)
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 09 2026Waiver of right of respondent United States to respond filed.
- Mar 30 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 4, 2026)