No. 24-7392

Jonathan Mota v. United States

Lower Court: Ninth Circuit
Docketed: 2025-06-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: claim-preclusion collateral-review direct-appeal ninth-circuit procedural-rule section-2255
Key Terms:
FifthAmendment HabeasCorpus Privacy
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Does the Ninth Circuit's rule that issues raised and rejected on direct appeal are not reviewable in a 28 U.S.C. § 2255 petition conflict with the general rule announced by this Court that claims not raised on direct appeal may not be raised on collateral review?

Question Presented (OCR Extract)

1. Does the Ninth Circuit’s rule that issues raised and rejected on direct appeal are not reviewable in a 28 U.S.C. § 2255 petition conflict with the general rule announced by this Court that claims not raised on direct appeal may not be raised on collateral review? 2. Was the Ninth Circuit correct to deny a certificate of appealability to review the district court’s conclusion that a Fifth Amendment constructive amendment claim raised by Mr. Mota on direct appeal was the same as the Sixth Amendment categorical analysis challenge raised by Mr. Mota post -conviction? ii INTERESTED

Docket Entries

2025-10-06
Petition DENIED.
2025-06-18
DISTRIBUTED for Conference of 9/29/2025.
2025-06-13
Waiver of United States of America of right to respond submitted.
2025-06-13
Waiver of right of respondent United States of America to respond filed.
2025-06-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 10, 2025)

Attorneys

Jonathan Mota
Hanni M. FakhouryMoeel Lah Fakhoury LLP, Petitioner
United States of America
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent