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Zytrell Montae Horton v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50938 · judgment January 28, 2026


Certiorari denied · October 13, 2026

Question presented

When a district court imposes a 224-month upward variance with no explanation beyond a rote recitation of statutory sentencing factors, and a court of appeals concedes that explanation was clear error, may the court of appeals nonetheless affirm by requiring the defendant to prove his sentence would have been different—a showing made impossible by the very absence of explanation that constitutes the error?

Counsel of record

For petitioner
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP

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 2 conferences

Order
Order list, October 13, 2026 · Certiorari denied

Proceedings

  1. Oct 13 2026
    Petition DENIED.
  2. Sep 24 2026
    DISTRIBUTED for Conference of 10/9/2026.
  3. Sep 22 2026
    Reply of petitioner Zytrell Montae Horton filed. (Distributed)
  4. Sep 09 2026
    Brief of respondent United States in opposition filed.
  5. Jul 30 2026
    Motion to extend the time to file a response is granted and the time is further extended to and including September 9, 2026.
  6. Jul 29 2026
    Motion to extend the time to file a response from August 10, 2026 to September 9, 2026, submitted to The Clerk.
  7. Jul 06 2026
    Motion to extend the time to file a response is granted and the time is extended to and including August 10, 2026.
  8. Jul 02 2026
    Motion to extend the time to file a response from July 10, 2026 to August 10, 2026, submitted to The Clerk.
  9. Jun 10 2026
    Response Requested. (Due July 10, 2026)
  10. Jun 03 2026
    DISTRIBUTED for Conference of 6/18/2026.
  11. May 29 2026
    Waiver of right of respondent United States to respond filed.
  12. Apr 28 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2026)