No. 25-5091

Andres Burgara v. United States

Lower Court: Ninth Circuit
Docketed: 2025-07-14
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: controlled-substance criminal-offense drug-possession simultaneous-possession statutory-interpretation united-states-code
Latest Conference: 2026-01-09 (distributed 2 times)
Question Presented (AI Summary)

Does the simultaneous possession of one type of controlled substance in two different locations constitute a single offense under 21 U.S.C. § 841(a)(1)?

Question Presented (OCR Extract)

Section 841(a) of Title 21 of the United States Code makes it “unlawful for any person knowingly or intentionally--(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.” The question presented is: Does the simultaneous possession of one type of controlled substance in two different locations constitute a single offense under 21 U.S.C. § 841(a)(1)? ii LIST OF PRIOR PROCEEDINGS United States v. Andres Burgara, Case No. 2:18 -cr-00221-JVS (C.D. Cal.) United States v. Andres Burgara, Case No. 23-581 (9th Cir.)

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-09
Reply of petitioner Andres Burgara filed. (Distributed)
2025-12-09
Reply of Andres Burgara submitted.
2025-11-26
Brief of respondent United States in opposition filed.
2025-11-26
Brief of United States in opposition submitted.
2025-10-20
Motion to extend the time to file a response is granted and the time is further extended to and including November 26, 2025.
2025-10-17
Motion to extend the time to file a response from October 27, 2025 to November 26, 2025, submitted to The Clerk.
2025-10-17
Motion of United States for an extension of time submitted.
2025-09-19
Motion to extend the time to file a response is granted and the time is extended to and including October 27, 2025.
2025-09-18
Motion to extend the time to file a response from September 25, 2025 to October 27, 2025, submitted to The Clerk.
2025-09-18
Motion of United States for an extension of time submitted.
2025-08-26
Response Requested. (Due September 25, 2025)
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-08-04
Waiver of right of respondent United States to respond filed.
2025-08-04
Waiver of right of respondent United States of America to respond filed.
2025-08-04
Waiver of United States of America of right to respond submitted.
2025-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2025)
2025-05-05
Application (24A1068) granted by Justice Kagan extending the time to file until July 11, 2025.
2025-05-01
Application (24A1068) to extend the time to file a petition for a writ of certiorari from May 12, 2025 to July 11, 2025, submitted to Justice Kagan.

Attorneys

Andres Burgara
Holt Ortiz AldenOffice of the Federal Public Defender (C.D. Cal.), Petitioner
Holt Ortiz AldenOffice of the Federal Public Defender (C.D. Cal.), Petitioner
United States
D. John SauerSolicitor General, Respondent
United States of America
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent