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Hector Manuel Cervantes-Torres v. United States

IFP petition · United States Court of Appeals for the Ninth Circuit, No. 23-55617 · judgment March 13, 2026


Certiorari denied · October 5, 2026

Question presented

Whether the failure to instruct a jury on the knowledge-of-status element of 18 U.S.C. § 922(g), as required by Rehaif v. United States, 588 U.S. 225 (2019) is an error of the most fundamental character warranting coram nobis relief where the defendant was precluded at trial from presenting compelling evidence of his state of mind and the prosecutor told the jury that the government did not have to prove knowledge.

Counsel of record

For petitioner
Katherine Windsor
Windsor Kimball APC

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, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jun 18 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 11 2026
    Waiver of right of respondent United States to respond filed.
  4. May 27 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 2, 2026)