No. 25A521

Thelonious Wayne Kirby v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-11-05
Status: Application
Type: A
Tags: criminal-appeal criminal-conviction eleventh-circuit federal-jurisdiction sentencing-guidelines writ-of-certiorari
Latest Conference: N/A
Question Presented (AI Summary)

Whether the Eleventh Circuit correctly applied federal sentencing guidelines or constitutional standards in affirming Mr. Kirby's criminal conviction

Question Presented (OCR Extract)

No question identified. : APPLICATION FOR EXTENSION OF TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI To the Honorable Clarence Thomas, Circuit Justice for the United States Court of Appeal for the Eleventh Circuit: Pursuant to Rule 13.5 of the Rules of the Supreme Court of the United States, Petitioner Thelonious Wayne Kirby respectfully requests a 30-day extension of time, up to and including December 24, 2025, to file his petition for writ of certiorari. BASIS FOR JURISDICTION The United States District Court for the Middle District of Florida had original jurisdiction over this criminal case under 18 U.S.C. § 3231. The United States Court of Appeals for the Eleventh Circuit reviewed the district court’s judgment under 18 U.S.C. § 3742 and 28 U.S.C. § 1291. The Eleventh Circuit issued its decision on August 26, 2025. This Court will have jurisdiction over a timely filed petition for writ of certiorari in this case under 28 U.S.C. § 1254(1). Mr. Kirby’s petition is due on November 24, 2025, and he is filing this application more than 10 days before that date pursuant to Supreme Court Rule 13.5. Under that rule, the Court may extend the time to file a petition for writ of certiorari for a period not exceeding 60 days. JUDGMENT FOR WHICH REVIEW IS SOUGHT On August 26, 2025, the Eleventh Circuit affirmed Mr. Kirby’s judgment and conviction. See United States v. Kirby, No. 24-10142, 2025 WL 2450518 (11th Cir. Aug. 26, 2025). A copy of the opinion is attached as

Docket Entries

2025-11-05
Application (25A521) granted by Justice Thomas extending the time to file until December 24, 2025.
2025-11-03
Application (25A521) to extend the time to file a petition for a writ of certiorari from November 24, 2025 to December 24, 2025, submitted to Justice Thomas.

Attorneys

Thelonious Wayne Kirby
Matthew D. CavenderOffice of the Federal Defender (MDFL), Petitioner
Matthew D. CavenderOffice of the Federal Defender (MDFL), Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent