No. 25-6563

Gary Craig Stephens v. United States

Lower Court: Ninth Circuit
Docketed: 2026-01-13
Status: Pending
Type: IFP
Response RequestedResponse WaivedIFP
Tags: court-of-appeals plain-error-review procedural-error sentencing-guidelines sentencing-range supervised-release
Latest Conference: 2026-02-20
Question Presented (from Petition)

1. Whether a court of appeals may affirm a sentence when the district court never calculated or identified the applicable Sentencing Guidelines range, notwithstanding this Court's repeated holdings that Guidelines calculation is the mandatory starting point for sentencing and that failure to do so constitutes procedural error.

2. Whether a sentence may be affirmed on plain-error review where the district court imposed a sentence more than double the high end of the applicable Guidelines range without any explanation tethered to a calculated range.

Question Presented (AI Summary)

Whether a court of appeals may affirm a sentence when the district court never calculated or identified the applicable Sentencing Guidelines range and imposed a sentence more than double the high end of the correct range

Docket Entries

2026-02-06
Sealed electronic records received from the U.S. Court of Appeals for the Ninth Circuit.
2026-02-04
Response Requested. (Due March 6, 2026)
2026-02-04
Record Requested.
2026-01-29
DISTRIBUTED for Conference of 2/20/2026.
2026-01-21
Waiver of United States of right to respond submitted.
2026-01-21
Waiver of right of respondent United States to respond filed.
2026-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2026)

Attorneys

Gary Stephens
Paul A. BarrFlowers Keller LLP, Petitioner
United States
D. John SauerSolicitor General, Respondent