No. 25-5041

Geovani Hernandez v. United States

Lower Court: Fifth Circuit
Docketed: 2025-07-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review due-process harmless-error mandate-recall sixth-amendment statutory-interpretation
Key Terms:
DueProcess
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether a court of appeals violates due process by declining to recall a mandate where a petitioner demonstrates conviction of a non-existent offense and the court's judgment relied on a theory not authorized by statute or federal precedent

Question Presented (OCR Extract)

No question identified. : 1. Whether a court of appeals violatesdue process by declining to recall a mandate where a petitioner demonstrates that he was convicted of a non-existent offense, specifically, "attempting to aid and abet" and the court's judgement relied oh’a theory not authorized by statute or federal precedent. 2. Whether the omission of jury instructions oh aiding and abetting when the government's entire theory of liability rested on that construct requires a court to conduct a. harmless-error analysis under Neder v. United States, and’whether the failure to. do so. renders subsequent appellate arid postconviction review 'fundamentally flawed. 3. Whether a defendant's Sixth Amendment right to notice is violated where the indictment fails to specify the subsection of 18 U.S.C. § 2 — § 2(a) or § 2(b) — under which he is charged, particularly where that statutory ambiguity becomes dispositive in postconviction review. 4. Whether the appellate court's denial of a motion to recall the mandate without addressing substantial, intervening, and unadjudicated arguments that concern the legality and constitutionality of a conviction conflicts with this Court's holdings that appellate courts have a continuing duty to prevent miscarriages of justice.

Docket Entries

2025-10-06
Petition DENIED.
2025-07-17
DISTRIBUTED for Conference of 9/29/2025.
2025-07-14
Waiver of United States of right to respond submitted.
2025-07-14
Waiver of right of respondent United States to respond filed.
2025-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2025)

Attorneys

Geovani Hernandez
Geovani Hernandez — Petitioner
Geovani Hernandez — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent