No. 18-7739
Title:Gonzalo Holguin-Hernandez, Petitioner
v.
United States
Docketed:February 4, 2019
Lower Ct:United States Court of Appeals for the Fifth Circuit
   Case Numbers:(18-50386)
   Decision Date:December 27, 2018
   Rehearing Denied:
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Jan 22 2019Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 6, 2019)
PetitionAppendixMotion for Leave to Proceed in Forma PauperisProof of Service
Feb 11 2019Waiver of right of respondent United States of Amercia to respond filed.
Main Document
Feb 14 2019DISTRIBUTED for Conference of 3/1/2019.
Feb 25 2019Response Requested. (Due March 27, 2019)
Mar 20 2019Motion to extend the time to file a response from March 27, 2019 to April 26, 2019, submitted to The Clerk.
Main Document
Mar 21 2019Motion to extend the time to file a response is granted and the time is extended to and including April 26, 2019.
Apr 26 2019Brief of respondent United States of Amercia in opposition filed.
Main DocumentCertificate of Word Count
Apr 30 2019Reply of petitioner Gonzalo Holguin-Hernandez filed.
Main DocumentProof of Service
May 08 2019DISTRIBUTED for Conference of 5/23/2019.
May 28 2019DISTRIBUTED for Conference of 5/30/2019.
Jun 03 2019Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
Jun 18 2019Motion to appoint counsel filed by petitioner Gonzalo Holguin-Hernandez.
Main Document
Jun 28 2019K. Winn Allen, Esquire, of Washington, D. C., is invited to brief and argue this case, as amicus curiae, in support of the judgment below.
Jun 30 2019Joint motion for an extension of time to file the briefs on the merits filed.
Main Document
Jul 03 2019DISTRIBUTED for Conference of 10/1/2019.
Jul 17 2019Joint motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix, petitioner's brief on the merits, and the brief of the United States on the merits is extended to and including July 29, 2019. The time to file the brief of Court-appointed amicus curiae in support of the judgment below is extended to and including September 9, 2019.
Jul 29 2019Joint appendix filed. (Statement of costs filed)
Main Document
Jul 29 2019Brief of petitioner Gonzalo Holguin-Hernandez filed. (Reprinted brief submitted).
Jul 29 2019Brief of petitioner Gonzalo Holguin-Hernandez filed. (September 27, 2019 - Reprinted).
Main DocumentProof of ServiceCertificate of Word Count
Jul 29 2019Brief of respondent United States supporting vacatur filed.
Proof of ServiceMain Document
Aug 05 2019Brief amicus curiae of National Association of Criminal Defense Lawyers and National Association of Federal Defenders filed.
Main DocumentCertificate of Word CountProof of Service
Aug 20 2019Motion of the Court-appointed amicus curiae in support of the judgment below for a further extension of time to file the brief on the merits filed.
Main Document
Aug 30 2019Motion to further extend the time to file the Court-appointed amicus curiae's brief on the merits in support of the judgment below granted and the time to file is extended to and including September 30, 2019.
Sep 13 2019SET FOR ARGUMENT on Tuesday, December 10, 2019.
Sep 30 2019Brief amicus curiae of Court-appointed amicus curiae in support of the judgment below filed.
Main DocumentProof of ServiceCertificate of Word Count
Oct 04 2019Motion for divided argument filed by respondent United States.
Proof of ServiceMain Document
Oct 07 2019Motion to appoint counsel filed by petitioner GRANTED, and Philip J. Lynch, Esq., of San Antonio, Texas, is appointed to serve as counsel for petitioner in this case.
Oct 21 2019Motion for divided argument filed by the Solicitor General GRANTED, and the time is divided as follows: 15 minutes for petitioner, 15 minutes for the Solicitor General in support of vacatur, and 30 minutes for Court-appointed amicus curiae in support of the judgment below.
Oct 23 2019Record requested from the U.S.C.A. 5th Circuit.
Oct 25 2019CIRCULATED
Oct 30 2019Reply of petitioner Gonzalo Holguin-Hernandez filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Oct 30 2019Reply of respondent United States supporting vacatur filed. (Distributed)
Certificate of Word CountMain Document
Oct 31 2019Sealed documents received from the U.S.D.C. Western District of Texas (electronic).
Dec 10 2019Argued. For petitioner: Kendall Turner, Washington, D. C. For respondent in support of vacatur: Morgan L. Ratner, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For Court-appointed amicus curiae in support of the judgment below: K. Winn Allen, Washington, D. C.
Feb 26 2020Judgment VACATED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. Alito, J., filed a concurring opinion, in which Gorsuch, J., joined.
Mar 30 2020JUDGMENT ISSUED.

NAMEADDRESSPHONE
Attorneys for Petitioner
Philip J. Lynch
    Counsel of Record
Law Offices of Phil Lynch
17503 La Cantera Parkway
Suite 104-623
San Antonio, TX 78257

LawOfficesofPhilLynch@satx.rr.com
210-883-4435
Party name: Gonzalo Holguin-Hernandez
Kendall Kelly Alexis TurnerO'Melveny & Myers
1625 I St. NW
Washington, DC 20006

kendallturner@omm.com
202-383-5204
Party name: Gonzalo Holguin-Hernandez
Attorneys for Respondent
Noel J. Francisco
    Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SupremeCtBriefs@USDOJ.gov
202-514-2217
Party name: United States
Other
Kenneth Winn Allen
    Counsel of Record
Kirkland & Ellis, LLP
655 15th Street, NW
Washington, DC 20005

winn.allen@kirkland.com
202-879-5078
Party name: Court-appointed amicus curiae in support of the judgment below
Chanakya Arjun Sethi
    Counsel of Record
Wilkinson Walsh + Eskovitz LLP
130 W 42nd St
Suite 1402
New York, NY 10036

csethi@wilkinsonwalsh.com
929-264-7758
Party name: National Association of Criminal Defense Lawyers and National Association of Federal Defenders