No. 25-5383

Oscar Barrios v. United States

Lower Court: Fifth Circuit
Docketed: 2025-08-15
Status: Denied
Type: IFP
Response RequestedResponse WaivedRelisted (2)IFP
Tags: appellate-review constitutional-violation criminal-procedure double-jeopardy judicial-discretion plain-error
Latest Conference: 2026-01-09 (distributed 2 times)
Question Presented (from Petition)

Whether the absence of a binding, on-point decision of either this Court, or of the reviewing court of appeals, is enough to preclude the potential for error to be "plain" within the meaning of Federal Rule of Criminal Procedure 52(b).

Question Presented (AI Summary)

Whether the absence of a binding, on-point decision of either this Court, or of the reviewing court of appeals, is enough to preclude the potential for error to be 'plain' within the meaning of Federal Rule of Criminal Procedure 52(b)

Docket Entries

2026-01-12
Petition DENIED.
2025-12-27
Reply of petitioner Oscar Barrios filed. (Distributed)
2025-12-27
Reply of Oscar Barrios submitted.
2025-12-24
DISTRIBUTED for Conference of 1/9/2026.
2025-12-08
Brief of respondent United States in opposition filed.
2025-12-08
Brief of United States in opposition submitted.
2025-11-10
Motion to extend the time to file a response is granted and the time is further extended to and including December 9, 2025.
2025-11-06
Motion of United States for an extension of time submitted.
2025-11-06
Motion to extend the time to file a response from November 13, 2025 to December 9, 2025, submitted to The Clerk.
2025-10-10
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2025.
2025-10-09
Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
2025-10-09
Motion of United States for an extension of time submitted.
2025-09-11
Response Requested. (Due October 14, 2025)
2025-08-28
DISTRIBUTED for Conference of 9/29/2025.
2025-08-21
Waiver of right of respondent United States to respond filed.
2025-08-21
Waiver of right of respondent United States of America to respond filed.
2025-08-21
Waiver of United States of America of right to respond submitted.
2025-08-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2025)

Attorneys

Oscar Barrios
Evan Gray HowzeFederal Public Defender, Petitioner
United States of America
D. John SauerSolicitor General, Respondent