No. 25-5400

Andrew Charles Beard v. United States

Lower Court: Fifth Circuit
Docketed: 2025-08-19
Status: Rehearing
Type: IFP
Response WaivedRelisted (5)IFP
Tags: constitutional-claim criminal-procedure federal-prosecution plea-waiver sentencing-enhancement statutory-construction
Key Terms:
Privacy
Latest Conference: 2026-02-20 (distributed 5 times)
Question Presented (AI Summary)

Whether challenging an 18 U.S.C. §924(c) conviction is a constitutional or statutory construction claim that impacts plea enforcement

Question Presented (OCR Extract)

1. Whether challenging an invalid 18 U.S.C. §924(c) conviction is a "constitutional claim" that extinguishes the government's power to enforce defendant's guilty plea, Class v. United States, 583 U.S. 174 (2018), or a "statutory construction" claim that is barred by defendant's guilty plea waiver, Grzegcrczyk v. United States, 997 F.Sd 743, 748 (7th Cir.), cert, denied, 142 S. Ct. 25800, 2580 (2022). 2. Whether offenses that provide enhanced punishments for conduct that results in injury or death —but do not require the "knowing or intentional causation of injury or death" —necessarily involve the use of physical force against another person within the meaning of 18 U.S.C. §924(c)(3)(A). ' Delligatti v. United States, 145 S. Ct. 797 (2025) (noting it is "impossible to cause bodily injury without applying force" on another). 3. Whether the amended federal cyberstalking statute 18 U.S.C. §2261A has exceeded Congress' Commerce Clause powers, or alternatively, whether its application in the present case has displaced the constitutional balance between federal and state powers.

Docket Entries

2026-02-13
Rescheduled.
2026-02-13
DISTRIBUTED for Conference of 2/20/2026.
2026-01-20
Rescheduled.
2026-01-20
DISTRIBUTED for Conference of 1/23/2026.
2026-01-12
Rescheduled.
2026-01-12
DISTRIBUTED for Conference of 1/16/2026.
2026-01-07
Rescheduled.
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-15
Supplemental brief of petitioner Andrew Beard filed. (Distributed)
2025-10-29
Petition for Rehearing filed.
2025-10-06
Petition DENIED.
2025-09-11
DISTRIBUTED for Conference of 9/29/2025.
2025-09-04
Waiver of right of respondent United States to respond filed.
2025-09-04
Waiver of United States of right to respond submitted.
2025-07-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 18, 2025)
2025-06-20
Application (24A1249) granted by Justice Alito extending the time to file until July 14, 2025.
2025-05-05
Application (24A1249) to extend the time to file a petition for a writ of certiorari from May 15, 2025 to July 14, 2025, submitted to Justice Alito.

Attorneys

Andrew Beard
Andrew Charles Beard — Petitioner
Andrew Charles Beard — Petitioner
Andrew Charles Beard — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent