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Roberto Godinez-Gomez v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-50475 · judgment March 11, 2026


Certiorari denied · October 5, 2026

Question presented

When considering imposing a term of supervised release, a sentencing court must weigh the factors specified by 18 U.S.C. § 3583(c) while also considering U.S.S.G. § 5D1.1(c), which generally discourages applying supervised release to deportable defendants. Petitioner Roberto Godinez-Gomez, a deportable defendant, received a sentence including supervised release. In the decision below, the Fifth Circuit affirmed under plain-error review without requiring a case-specific explanation for supervised release. The court held that, even assuming error in imposing supervised release on a deportable defendant, Petitioner failed to show an effect on substantial rights. That approach permits recurring violations of § 5D1.1(c)’s deportable-defendant presumption to evade correction whenever the sentencing record is silent. The courts of appeals are divided in how they apply 18 U.S.C. § 3583(c) and U.S.S.G. § 5D1.1(c) to deportable defendants. Therefore, the question presented is as follows: May appellate courts affirm, under plain-error review, the imposition of supervised release on a deportable defendant where the district court failed to provide the case-specific justification contemplated by U.S.S.G. § 5D1.1(c) and relied only on generalized sentencing rationales?

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, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jun 25 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 18 2026
    Waiver of right of respondent United States to respond filed.
  4. Jun 08 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2026)