No. 25-6710

Jose Ramon Castillo-Lopez v. United States

Lower Court: Fifth Circuit
Docketed: 2026-02-04
Status: Pending
Type: IFP
IFP Experienced Counsel
Tags: appellate-waiver federal-sentencing fifth-circuit guilty-plea plea-agreement withdrawal-of-plea
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Fifth Circuit correctly dismissed Petitioner's challenge to his federal sentence based on a plea agreement's boilerplate waiver of appellate rights, and whether Petitioner showed a 'fair and just reason' to withdraw from his guilty plea after learning of potential state charges

Question Presented (OCR Extract)

1. Based on his plea agreemen t’s boilerplate waiver of most appellate rights, the Fifth Circuit dismissed Petitioner’s challenge to his federal sentence. Was that wrong? 2. Petitioner agreed to waive his appellate rights in exchange for the Government’s promises to dismiss an illegal reentry charge and to refrain from filing additional charges for conduct “underlying and related to” his plea of guilty. After the district court accepted his guilty plea, but before the court accepted the plea agreement, Petitioner learned that the State of Texas intended to pursue the attempted murder charges based on the very same conduct. Petitioner asked to withdraw from his guilty plea so that he could plead guilty without any plea agreement. The district court denied that motion, and the Fifth Circuit affirmed. Did Petitioner show a “fair and just reason” to withdraw from the agreed plea?

Docket Entries

2026-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2026)

Attorneys

Jose Ramon Castillo-Lopez
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent