Supreme Court of the United States · Official docket →
Jose Antonio Ibarra-Vasquez v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-50256 · judgment December 9, 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) generally discourages applying supervised release to deportable aliens. Petitioner Jose Antonio Ibarra-Vasquez is a deportable alien who has been given a sentence which includes supervised release. In the decision below, the Fifth Circuit affirmed without requiring individualized findings, holding that even if the district court plainly violated § 3583(c) and § 5D1.1(c), relief was unavailable under plainerror review, effectively insulating this recurring statutory violation from appellate correction. Courts of appeals have articulated differing approaches to how 18 U.S.C. § 3583(c) and U.S.S.G. § 5D1.1(c) operate when sentencing deportable defendants. Therefore, the question presented is as follows: May a district court impose a term of supervised release on a deportable defendant without making the individualized finding contemplated by 18 U.S.C. § 3583(c) and U.S.S.G. § 5D1.1(c)?
Counsel of record
For petitioner
Joseph Jeff Ostini
National Defense Law
For respondent
D. John Sauer
Solicitor General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, June 22, 2026 · Certiorari denied
Proceedings
- Jun 22 2026Petition DENIED.
- Jun 03 2026DISTRIBUTED for Conference of 6/18/2026.
- May 26 2026Waiver of right of respondent United States to respond filed.
- Feb 27 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2026)