No. 25-7149

Timothy Defoggi v. United States

Lower Court: Eighth Circuit
Docketed: 2026-04-06
Status: Pending
Type: IFP
IFP
Tags: due-process ex-post-facto-clause first-amendment habeas-corpus sentencing-guidelines sua-sponte-recharacterization
Latest Conference: N/A
Question Presented (from Petition)

1) May an Article III court sua sponte recharacterize an unambiguous filing, and then do so after adversarial briefs have been concluded and filed with the court, depriving Petitioner of his 1st Amendment right to redress and 5th Amendment right to due process?

2) May a U.S. District court choose sua sponte to utilize a post-offense Sentencing Guideline that enacts additional enhancements or punishments in violation of Article I, Section 9, Clause 3 "Ex Post Facto Clause" of the United States Consititution?

Question Presented (AI Summary)

Whether an Article III court may sua sponte recharacterize an unambiguous filing after adversarial briefs have been concluded, depriving a petitioner of First Amendment and Fifth Amendment rights, and whether a district court may sua sponte apply post-offense Sentencing Guidelines enhancements in violation of the Ex Post Facto Clause

Docket Entries

2026-03-23
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2026)

Attorneys

Timothy Defoggi
Timothy R. DeFoggi — Petitioner
United States
D. John SauerSolicitor General, Respondent