Supreme Court of the United States · Official docket →
Zytrell Montae Horton v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50938 · judgment January 28, 2026
Pending
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
Stanley L. Schwieger
Law Office of Stan Schwieger
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Jul 30 2026Motion to extend the time to file a response is granted and the time is further extended to and including September 9, 2026.
- Jul 29 2026Motion to extend the time to file a response from August 10, 2026 to September 9, 2026, submitted to The Clerk.
- Jul 06 2026Motion to extend the time to file a response is granted and the time is extended to and including August 10, 2026.
- Jul 02 2026Motion to extend the time to file a response from July 10, 2026 to August 10, 2026, submitted to The Clerk.
- Jun 10 2026Response Requested. (Due July 10, 2026)
- Jun 03 2026DISTRIBUTED for Conference of 6/18/2026.
- May 29 2026Waiver of right of respondent United States to respond filed.
- Apr 28 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 22, 2026)