Supreme Court of the United States · Official docket →
Timothy Defoggi v. United States
IFP petition · United States Court of Appeals for the Eighth Circuit, No. 25-3513 · judgment January 28, 2026
Pending
Questions presented
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May an Article III court sua sponte recharacterize an unambiguous filing, and then do so after adversarial briefs have been concluded and filed with the court, depriving Petitioner of his 1st Amendment right to redress and 5th Amendment right to due process?
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May a U.S. District court choose sua sponte to utilize a post offense Sentencing Guideline that enacts additional enhancements or punishments in violation of Article I, Section 9, Clause 3 "Ex Post Facto Clause" of the United States Consititution?
Counsel of record
For petitioner
Timothy R. Defoggi
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jun 15 2026Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner DENIED.
- Jun 15 2026Petitioner complied with order of May 4, 2026.
- May 29 2026Application (25A1325) granted by Justice Kavanaugh extending the time to file until June 25, 2026.
- May 26 2026Motion DISTRIBUTED for Conference of 6/11/2026.
- May 16 2026Application (25A1325) for an extension of time within which to comply with the order of May 4, 2026, submitted to Justice Kavanaugh.
- May 09 2026Motion for reconsideration of order denying leave to proceed in forma pauperis filed by petitioner.
- May 04 2026The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until May 26, 2026, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
- Apr 16 2026DISTRIBUTED for Conference of 5/1/2026.
- Apr 14 2026Waiver of right of respondent United States to respond filed.
- Mar 23 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2026)