No. 25-5608

Gary Jordan v. United States

Lower Court: Tenth Circuit
Docketed: 2025-09-11
Status: Pending
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP Experienced Counsel
Tags: collateral-review government-misconduct guilty-plea ineffective-assistance sixth-amendment structural-error
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (AI Summary)

Can a defendant collaterally attack his guilty plea via 28 U.S.C. § 2255 as unconstitutional based on surreptitious pre-plea government misconduct without establishing ineffective assistance of defense counsel? Does a Sixth Amendment attorney-client confidentiality violation that occurs during sentencing proceedings qualify as structural error?

Question Presented (OCR Extract)

I. Can a defendant collaterally attack his guilty plea via 28 U.S.C. § 2255 as unconstitutional based on surreptitious pre-plea government misconduct without establishing ineffective assistance of defense counsel? II. Does a Sixth Amendment attorney-client confidentiality violation that occurs during sentencing proceedings qualify as structural error? i

Docket Entries

2026-01-29
DISTRIBUTED for Conference of 2/20/2026.
2026-01-27
Reply of Gary Jordan submitted.
Main DocumentProof of Service
2026-01-27
Reply of petitioner Gary Jordan filed. (Distributed)
Main DocumentProof of Service
2026-01-09
Brief of respondent United States in opposition filed.
Main DocumentProof of Service
2025-11-25
Motion to extend the time to file a response is granted and the time is further extended to and including January 9, 2026.
2025-11-24
Motion of United States for an extension of time submitted.
Main Document
2025-11-24
Motion to extend the time to file a response from December 10, 2025 to January 9, 2026, submitted to The Clerk.
Main Document
2025-11-05
Motion to extend the time to file a response is granted and the time is extended to and including December 10, 2025.
2025-11-04
Motion of United States for an extension of time submitted.
Main Document
2025-11-04
Motion to extend the time to file a response from November 10, 2025 to December 10, 2025, submitted to The Clerk.
Main Document
2025-10-10
Response Requested. (Due November 10, 2025)
2025-10-02
DISTRIBUTED for Conference of 10/17/2025.
2025-09-25
Waiver of United States of right to respond submitted.
Main Document
2025-09-25
Waiver of right of respondent United States to respond filed.
Main Document
2025-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2025)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service

Attorneys

Gary Jordan
Daniel Tyler Hansmeier — Kansas Federal Public Defender's Office, Petitioner
United States
D. John Sauer — Solicitor General, Respondent