Supreme Court of the United States · Official docket →
Iran Dewayne Ketchup v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 96-8096 · judgment January 30, 2026
Questions presented
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Was the Eleventh Circuit U.S. Court of Appeals required to recall its mandate in United States v. Ketchup. Case No. 96-8096, 107 F.3d 27 (11th Cir. 1997)(Before Anderson, Birch, and Ed Carnes) when it was alerted that the Criminal Judgment that it affirmed had a "clerical error" in it, which listed the wrong crime, for which Ketchup had not been charged, Indicted or convicted of such crime?
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Was the Eleventh Circuit U.S. Court of Appeals required to provide relief, according to its own Circuit precedent of United States v. Massey, 443 F. 3d 814 (11th Cir. 2006) and Onlted States v. Starr, 717 Fed. Appx. 918 (11th Cir. 2017)y when Ketchup request that such court recall its mandate and remand to the United States District Court for the Middle District of Georgia to allow the Criminal Judgment to be corrected?
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Was the Eleventh Circuit U.S. Court of Appeals required to provide relief, according to the U.S. Supreme Court's decisions in both: ft) United States v. Daugherty, 269 U.S. 360,3363-64J(.1926)^'whetei.thlBxiC<!Jurt.iStated: Sentenceslin.criminalcases should reveal with fair certainty the intent of the court and exclude rany serious misapprehensions by those who must execute them....This and similar unfortunate causes should admonish the trial courts to require the use of meticulously preciseelanguage in all judgment entries. Especial care is essential where sentence for crimes are imposed; b);American Trucking Ass1 ns v. Frisco Transp. Co., 358 U.S. 133, 145 (1958), where this Court stated: It issaxiomatic that courts have the power and duty to correct judgments which contain clerical errors or judgments which have Issued due to inadvertance or or mistake.
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Did the Eleventh Circuit U.S. Court of Appeals create a Circuit split by not adhering to this Court's decision in United States v. Daugherty, 269 U.S. 360, 36 363 (1926)?
Counsel of record
For petitioner
Iran Dwayne Ketchup
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
Proceedings
- Oct 08 2026DISTRIBUTED for Conference of 11/6/2026.
- Sep 30 2026Waiver of right of respondent United States to respond filed.
- Jun 24 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 22, 2026)