No. 25-6218

Kenleone Joe Nyandoro v. United States

Lower Court: Fifth Circuit
Docketed: 2025-11-24
Status: Pending
Type: IFP
IFP
Tags: appeal-waiver controlled-substance firearm-possession ineffective-assistance second-amendment statutory-maximum
Key Terms:
SecondAmendment DueProcess
Latest Conference: 2026-02-27
Question Presented (AI Summary)

Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum

Question Presented (OCR Extract)

1. Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum. 2. Whether an appeal waiver applies when the sentencing judge advised the defendant that he has a right to appeal and the government did not object. 3. Whether 18 U.S.C. § 922(g)(3), which prohibits possession of firearms by a person who “is an unlawful user of or addicted to any controlled substance,” violates the Second Amendment as applied to an individual who did not admit that he was intoxicated at the time of the firearm possession when he pleaded guilty. 4. Whether 18 U.S.C. § 922(g)(3)’s prohibition on firearm possession by “an unlawful user” of “any controlled substance” is unconstitutionally vague or should be construed in the narrowest manner possible to avoid unconstitutional applications. 5. Whether a claim of legal innocence premised on a post-plea but pre-sentencing change in precedent constitutes a “fair and just reason” to allow withdrawal of a guilty plea under Federal Rule of Criminal Procedure 11(d)(2)(B). 6. Whether Congress may criminalize intrastate firearm possession based solely on the firearm crossing state lines at some point before the defendant came to possess it. i

Docket Entries

2026-02-12
DISTRIBUTED for Conference of 2/27/2026.
2026-01-23
Memorandum of respondent United States filed.
2025-12-19
Motion to extend the time to file a response is granted and the time is extended to and including January 23, 2026.
2025-12-18
Motion to extend the time to file a response from December 24, 2025 to January 23, 2026, submitted to The Clerk.
2025-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2025)

Attorneys

Kenleone Nyandoro
Maria Gabriela VegaOffice of the Federal Public Defender, NDTX, Petitioner
Maria Gabriela VegaOffice of the Federal Public Defender, NDTX, Petitioner
Maria Gabriela VegaOffice of the Federal Public Defender, NDTX, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent