No. 25-7133

John Louis Atkins v. United States District Court for the Northern District of Texas

Lower Court: Fifth Circuit
Docketed: 2026-04-01
Status: Pending
Type: IFP
Response WaivedIFP
Tags: acquitted-conduct criminal-jurisdiction double-jeopardy due-process sentencing-guidelines supervised-release-violation
Latest Conference: 2026-05-01
Question Presented (from Petition)

Does a United States District Court retain criminal jurisdiction (under 18 U.S.C. § 3231) over a defendant after a jury's finding of not guilty to persist in the prosecution of a supervised release revocation/violation, when the plain language of § 3231 requires "... an offense against the laws of the United States," where the alleged violation is premised upon the jury trials acquitted conduct that arose from the very same event. ? And;

As a result of the U.S. Sentencing Commission's recent amendment to the Sentencing Guidelines, Section 1B1.3 (Relevant Conduct) adding Subsection (c) (Acquitted Conduct) does not begin to remedy the bedrock Constitutional issues under the Fifth and Sixth Amendmends and 18 U.S.C. § 3583(e)(3)'s Due Process Clause violation regarding the preponderance of evidence on a felony or "infamous" sentence.

Question Presented (AI Summary)

Whether a federal district court retains criminal jurisdiction under 18 U.S.C. § 3231 to prosecute a supervised release violation based on conduct for which a jury acquitted the defendant, and whether the Sentencing Commission's amendment to Guidelines Section 1B1.3 remedies Fifth and Sixth Amendment violations arising from application of the preponderance standard to acquitted conduct

Docket Entries

2026-04-16
DISTRIBUTED for Conference of 5/1/2026.
2026-04-08
Waiver of USDC ND TX of right to respond submitted.
2026-04-08
Waiver of right of respondent USDC ND TX to respond filed.
2025-12-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2026)

Attorneys

John Louis Atkins
John Louis Atkins — Petitioner
USDC ND TX
D. John SauerSolicitor General, Respondent