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In Re Ricardo Villanueva-Martinez

IFP petition


Pending

Question presented

In June of 2024, Petitioner was sentenced to 35 months and 2 days with an expected release date of December 24, 2026. Petitioner filed a timely notice of appeal to the United States Court of Appeals for the Eleventh Circuit. Petitioner’s brief on appeal raised just two issues: that his sentence was both procedurally and substantively unreasonable. On December 13, 2024, all briefing from Petitioner and the Government was complete with a total of twenty-six pages of argument. This case has been under submission since that time, without a decision. On June 18, 2026, Petitioner filed an unopposed motion to expedite proceedings, alerting the court to the urgency of resolution. There is no order on the motion and still no decision on the appeal. As of today, August 12, 2026, Mr. Villanueva-Martinez has served almost 31 months of his 35-month and 2-day sentence. Once Petitioner’s sentence is complete this December, the questions on appeal—whether that sentence was procedurally or substantively unreasonable—will be moot. The question presented is: Whether a writ of mandamus should issue directing Respondents, the Three Unknown Judges of the Eleventh Circuit assigned to United States v. Villanueva-Martinez, No. 24-12208, to decide the appeal.

Counsel of record

For petitioner
Nicole Kaplan
Federal Defender Program, Inc.

For respondent
D. John Sauer
Solicitor General

Case

Conference history

Proceedings

  1. Aug 21 2026
    Motion to dismiss the petition for a writ of mandamus pursuant to Rule 46.2 filed by petitioner Ricardo Villanueva-Martinez.
  2. Aug 19 2026
    Waiver of right of respondent United States to respond filed.
  3. Aug 13 2026
    Petition for a writ of mandamus and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2026)