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Nautica Blu Hamilton v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-10434 · judgment March 17, 2026


Pending

Questions presented

At Petitioner’s sentencing hearing, the prosecutor successfully advocated for the statutory maximum sentence—30 years’ imprisonment—because Petitioner was a “young woman” when she committed the crime, and “to prevent” Petitioner “from being able to have her own children.”

  1. Does a prosecutor commit structural error by advocating a harsher sentence because the defendant is a young woman who would otherwise be capable of bearing children?

  2. If not, what quantum of proof is sufficient to show that the error affected the defendant’s substantial rights? (i)

Counsel of record

For petitioner
James Matthew Wright
Office of the Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 11 2026
    Response Requested. (Due September 10, 2026)
  2. Jul 16 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jul 08 2026
    Waiver of right of respondent United States to respond filed.
  4. Jun 15 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 23, 2026)