No. 25-6239

Elijah D. Brown v. United States

Lower Court: Fifth Circuit
Docketed: 2025-11-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: adversarial-testing circuit-split due-process evidence-standard fifth-amendment sentencing
Key Terms:
AdministrativeLaw DueProcess FifthAmendment
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether the Fifth Amendment's Due Process Clause permits a district court to base a sentencing determination on technical and factual assertions that were never introduced into evidence or subjected to adversarial testing

Question Presented (OCR Extract)

Whether the Fifth Amendment ’s Due Process Clause permits a district court to base a sentencing determination on technical and factual assertions that were never introduced into evidence or subjected to adversarial testing , a question that has divided the circuits ?

Docket Entries

2026-01-12
Petition DENIED.
2025-12-24
DISTRIBUTED for Conference of 1/9/2026.
2025-12-18
Waiver of right of respondent United States to respond filed.
2025-11-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2025)

Attorneys

Elijah D. Brown
Dustin TalbotFederal Public Defender, Petitioner
Dustin TalbotFederal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent