Supreme Court of the United States · Official docket →
Yulisey Herrera Gongora v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 23-11999 · judgment December 17, 2025
Pending
Question presented
This case involves an important question of federal law in which the Eleventh Circuit has recently sided with the Fifth and the Tenth Circuit and split from several of its sister circuits, including the First, Second, Sixth, and D.C. Circuit: Does a district court’s violation of 18 U.S.C. § 3553(c)(2) affect a defendant’s substantial rights under plain error review, given that the right to meaningful appellate review is itself a “substantial” right?
Counsel of record
For petitioner
Kathleen Mollison
Federal Public Defender
For respondent
D. John Sauer
Solicitor General
Proceedings
- Jul 16 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 09 2026Waiver of right of respondent United States to respond filed.
- Jun 12 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 16, 2026)
- May 01 2026Application (25A1203) granted by Justice Thomas extending the time to file until June 12, 2026.
- Apr 28 2026Application (25A1203) to extend the time to file a petition for a writ of certiorari from May 13, 2026 to June 12, 2026, submitted to Justice Thomas.