No. 25-6134

Rodrick Johnson v. United States

Lower Court: Fifth Circuit
Docketed: 2025-11-17
Status: Pending
Type: IFP
IFP
Tags: 18-usc-3553 circuit-precedent fugitive-tolling sentencing-variance supervised-release supreme-court-rule-10
Latest Conference: 2026-02-20
Question Presented (from Petition)

(1) Should this Court summarily vacate Petitioner's judgment in light of Esteras v. United States, 666 U.S. 185 (2025), because the district court based its upward variance sentence on the 18 U.S.C. § 3553(a)(2)(A) factor, and the Fifth Circuit relied on since-abrogated circuit precedent holding that such consideration is permissible as long as it was not a "dominant factor"?

(2) Does the fugitive-tolling doctrine apply in the context of supervised release? Petitioner notes that this question is identical to the question for which this Court granted certiorari in Rico v. United States, No. 24-1056 (cert. granted June 30, 2025). The Court has therefore already determined that this question meets the criteria set forth in Supreme Court Rule 10.

Question Presented (AI Summary)

Should this Court summarily vacate Petitioner's judgment in light of Esteras v. United States because the district court based its upward variance sentence on a specific sentencing factor, and does the fugitive-tolling doctrine apply in the context of supervised release?

Docket Entries

2026-02-05
DISTRIBUTED for Conference of 2/20/2026.
2026-01-28
Reply of Rodrick Johnson submitted.
2026-01-28
Reply of petitioner Rodrick Johnson filed.
2026-01-16
Memorandum of respondent United States filed.
2025-12-15
Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2026.
2025-12-11
Motion of United States for an extension of time submitted.
2025-12-11
Motion to extend the time to file a response from December 17, 2025 to January 16, 2026, submitted to The Clerk.
2025-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 17, 2025)

Attorneys

Rodrick Johnson
Steven Edward SpiresFederal Public Defender, Eastern Dist. of La., Petitioner
United States
D. John SauerSolicitor General, Respondent