No. 25-6390

Busch Sereal v. United States

Lower Court: Fifth Circuit
Docketed: 2025-12-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: circuit-split crime-of-violence overbreadth-doctrine sentencing-enhancement state-court-decisions statutory-interpretation
Key Terms:
AdministrativeLaw Immigration
Latest Conference: 2026-01-16
Question Presented (from Petition)

Whether a defendant challenging a prior state conviction under the crime of violence definitions must produce actual state court decisions showing non-generic application of a facially overbroad statute—as the Fifth Circuit alone requires—or whether the statutory text suffices to demonstrate overbreadth—as every other circuit holds?

Question Presented (AI Summary)

Whether a defendant challenging a prior state conviction under the crime of violence definitions must produce actual state court decisions showing non-generic application of a facially overbreadth statute, as the Fifth Circuit alone requires, or whether the statutory text suffices to demonstrate overbreadth, as every other circuit holds?

Docket Entries

2026-01-20
Petition DENIED.
2025-12-31
DISTRIBUTED for Conference of 1/16/2026.
2025-12-22
Waiver of United States of right to respond submitted.
2025-12-22
Waiver of right of respondent United States to respond filed.
2025-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 15, 2026)

Attorneys

Busch Sereal
Dustin TalbotFederal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent