No. 25-6546

Miguel Bocardo and Cyr Dino Banguguilan v. United States

Lower Court: Ninth Circuit
Docketed: 2026-01-12
Status: Pending
Type: IFP
Response WaivedIFP
Tags: court-of-appeals district-court evidence-challenge federal-rules-of-evidence rule-403 sexual-abuse
Key Terms:
Patent
Latest Conference: 2026-02-20
Question Presented (AI Summary)

QP1: Did appellants Cyr Banguguilan and Miguel Bocardo forfeit their Fed. R. Evid. 403 challenge to the admission of photographs and video recordings depicting Steven Rodriguez's sexual abuse of a physically and mentally disabled eight-year-old girl when opposing admission pursuant to Fed. R. Evid. 403 but without specifically demanding that the district court review the proffered exhibits before ruling?; QP2: Whether a district court abuses its discretion by admitting graphic depictions of violent sexual abuse of a mentally and physically disabled 8-year-old girl without viewing the evidence to assess defendants' Rule 403 challenge?; QP3: Whether the court of appeals must review evidence challenged under Rule 403 before resolving that claim of error?

Docket Entries

2026-01-22
DISTRIBUTED for Conference of 2/20/2026.
2026-01-16
Waiver of United States of right to respond submitted.
2026-01-16
Waiver of right of respondent United States to respond filed.
2025-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 11, 2026)

Attorneys

Miguel Bocardo, et al.
Ellis Murray Johnston IIIClarke Johnston Thorp & Rice PC, Petitioner
Ellis Murray Johnston IIIClarke Johnston Thorp & Rice PC, Petitioner
Ellis Murray Johnston IIIClarke Johnston Thorp & Rice PC, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent