No. 25-6424

Sherrod Goodspeed v. United States

Lower Court: Fifth Circuit
Docketed: 2025-12-23
Status: Dismissed
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: categorical-approach crime-of-violence fifth-circuit guidelines mens-rea robbery-definition
Key Terms:
SecondAmendment
Latest Conference: 2026-02-20
Question Presented (AI Summary)

Did the Fifth Circuit misapply the categorical approach by dismissing an elemental mismatch as a mere variation in terminology and misconstruing the mens rea required in the amended definition of robbery in the Guidelines, in finding that Texas robbery is a crime of violence?

Question Presented (from Petition)

I. Texas robbery may be committed by a reckless use of force merely incidental to the taking of property. Did the Fifth Circuit misapply the categorical approach by dismissing an elemental mismatch as a mere variation in terminology and misconstruing the mens rea required in the amended definition of robbery in the Guidelines, in finding that Texas robbery is a crime of violence. II. Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment? III. Whether 18 U.S.C. §922(g) permits conviction for the possession of any firearm that has ever crossed state lines at any time in the indefinite past, and, if so, if it is facially unconstitutional? i

Docket Entries

2026-01-29
Petition Dismissed - Rule 46.
2026-01-15
DISTRIBUTED for Conference of 2/20/2026.
2026-01-12
Waiver of right of respondent United States to respond filed.
2026-01-06
Motion to dismiss the petition filed by counsel for petitioner.
2025-12-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2026)

Attorneys

Sherrod Goodspeed
Christy Posnett MartinFederal Public Defender-Northern District of Texas, Petitioner
Christy Posnett MartinFederal Public Defender-Northern District of Texas, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent