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Matthew Lee Sepulveda v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 25-40116 · judgment September 10, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The Fifth Circuit has indicated it is jurisdictional that a person must present their issues under § 2255 to the district court and receive a certificate of appealability from the district court before proceeding on appeal. The question presented is: Does the Supreme Court’s ruling that 28 U.S.C. § 2253(c)(3) is non-jurisdictional in nature overrule the Fifth Circuit’s jurisprudence?
Counsel of record
For petitioner
Jeremy Brian Gordon
Guest And Gray
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Linked docket
25A681
Order
Order list, February 23, 2026 · Certiorari denied
Proceedings
- Feb 23 2026Petition DENIED.
- Jan 21 2026DISTRIBUTED for Conference of 2/20/2026.
- Jan 16 2026Waiver of right of respondent United States to respond filed.
- Dec 17 2025Petition for a writ of certiorari filed. (Response due February 9, 2026)
- Dec 11 2025Application (25A681) granted by Justice Alito extending the time to file until December 18, 2025.
- Dec 09 2025Application (25A681) to extend the time to file a petition for a writ of certiorari from December 9, 2025 to January 8, 2026, submitted to Justice Alito.