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Dennis Michael Hogan v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 24-7537 · judgment June 24, 2025


Certiorari denied · May 26, 2026

Questions presented

  1. Whether federal district court abuses its descretion under Concepcion v. United States, 597 U.S. S. Ct (12022), when it denies a motion for compassionate release/RIS under §3582(c)(1)(AJ without addressing specific, non-frivolous factual arguments tied to the definitions of "extraordinary and compelling reasons" in U.S.S.G. §1B1.13 and the sentencing factors in 18 U.S.C. §3553(a)?

  2. Whether a court violates the party-presentation principle re­ affirmed in Concepcion when itdenies a complex § 3582 (c)(1)(A) motion without ordering the Government to respond, and instead relieS/on its own untested assumptions ?

  3. Whether a denial of compassionate release/ RIS based on clearly erroneous factual findings such as stating that a defendant has a lengthy criminal history and drug use that do no exist in the record constitutes re variable abuse of discretion and a violation of due process ?

  4. Whether a court abuses its discretion by ignoring uncontrovert­ ed, professional medical evidence including medical records and swarn testimony from multiple licensed medical providers without explanation, even when the evidence satisfies the applicable defnitions of "extraordinary and compelling reasons"?

  5. When a district court compounds and amplifies it's abuse of discretion to the point where the court wholly abandons its role as a neutral and detached fact finder, does this result, demand de novo review as required by the Fifth and "Fourteenth Amendment's Due Process Clause?

Counsel of record

For petitioner
Dennis Michael Hogan

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Linked docket
25A345

Proceedings

  1. May 26 2026
    Petition DENIED.
  2. May 06 2026
    DISTRIBUTED for Conference of 5/21/2026.
  3. Apr 30 2026
    Waiver of right of respondent United States to respond filed.
  4. Feb 10 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 11, 2026)
  5. Sep 26 2025
    Application (25A345) granted by Justice Kagan extending the time to file until November 7, 2025.
  6. Sep 17 2025
    Application (25A345) to extend the time to file a petition for a writ of certiorari from September 22, 2025 to November 7, 2025, submitted to Justice Kagan.