No. 25-6250

Richard Ruston v. United States

Lower Court: Tenth Circuit
Docketed: 2025-11-26
Status: Pending
Type: IFP
Response RequestedResponse WaivedIFP Experienced Counsel
Tags: circuit-split federal-criminal-law sentencing-conditions statutory-construction statutory-interpretation supervised-release
Key Terms:
JusticiabilityDoctri
Latest Conference: 2026-01-09
Question Presented (AI Summary)

Whether the 'and' in 18 U.S.C. § 3583(d)(1) means 'and' or 'or' as interpreted by the Tenth Circuit

Question Presented (OCR Extract)

Under 18 U.S.C. § 3583(d), a sentencing court may only impose a discretionary condition of supervised release insofar as the condition “is reasonably related to the factors set forth in section 3553(a)(1), (a)(2)(B), (a)(2)(C), and (a)(2)(D).” The factor set forth in section 3553(a)(1) is “the nature and circumstances of the offense and the history and characteristics of the defendant.” The question presented is: Whether the “and” in 18 U.S.C. § 3583(d)(1), as well as the “and” in 18 U.S.C. § 3553(a)(1), as cross-referenced in section 3583(d)(1), means “and,” or whether the “and” means “or,” as the Tenth Circuit held below? i

Docket Entries

2026-02-11
Motion to extend the time to file a response is granted and the time is further extended to and including March 19, 2026.
2026-02-09
Motion of United States for an extension of time submitted.
2026-02-09
Motion to extend the time to file a response from February 17, 2026 to March 19, 2026, submitted to The Clerk.
2026-01-12
Motion to extend the time to file a response is granted and the time is extended to and including February 17, 2026.
2026-01-08
Motion to extend the time to file a response from January 16, 2026 to February 17, 2026, submitted to The Clerk.
2025-12-17
Response Requested. (Due January 16, 2026)
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.
2025-11-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2025)

Attorneys

Richard Ruston
Daniel Tyler HansmeierKansas Federal Public Defender's Office, Petitioner
Daniel Tyler HansmeierKansas Federal Public Defender's Office, Petitioner
Daniel Tyler HansmeierKansas Federal Public Defender's Office, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent