No. 25-6247

Jackie Lee Brooks v. United States

Lower Court: Fifth Circuit
Docketed: 2025-11-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 certificate-of-appealability due-process ineffective-assistance proffer-agreement slack-v-mcdaniel
Key Terms:
HabeasCorpus
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether a 28 U.S.C. § 2255 petitioner alleging ineffective assistance of counsel for failing to object to a Government's Due Process-violating breach of a proffer agreement satisfies the 'substantial showing' standard for a Certificate of Appealability (COA)

Question Presented (OCR Extract)

1. Whether a 28 U.S.C. § 2255 petitioner who alleges constitutionally ineffective assistance of counsel for faling to object to the Government's Due Process-violating breach of a proffer agreement at sentencing satisfies the "substantial showing" standard for a Certificate of Appealability (COA) under Slack v. McDaniel , 529 U.S. 473 (2000). 2. Whether a court of appeals may impose a jurisdictional or procedural bar, -contrary to the remedial, purpose of § 2253(c)(2) and the mandate of Miller-EL v. Cockrell , 537 U.S. 322 (2003), to deny a COA on the basis that a claim of procedural error such as the denial ofan evidentiary hearing was first articulated in the COA pleadings . ii

Docket Entries

2026-01-12
Petition DENIED.
2025-12-11
DISTRIBUTED for Conference of 1/9/2026.
2025-12-09
Waiver of United States of right to respond submitted.
2025-12-09
Waiver of right of respondent United States to respond filed.
2025-11-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2025)

Attorneys

Jackie Brooks
Jackie Lee Brooks — Petitioner
Jackie Lee Brooks — Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent