No. 25-1199October Term 2025Petition PendingUpdated Sep 1, 2026
Fred Davis Clark, Jr. v. United States
Fred Davis Clark, Jr., Petitioner v. United States
Fred Davis Clark Jr. asks the Supreme Court to review an Eleventh Circuit ruling involving his effort to challenge financial criminal penalties through a federal post-conviction motion.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Next
- Awaiting an order on the petitionNo decision timeline until the Court agrees to hear the case.
- What it's about
Fred Davis Clark Jr. asks the Supreme Court to review an Eleventh Circuit ruling involving his effort to challenge financial criminal penalties through a federal post-conviction motion. The case concerns when a court may grant permission to appeal because other circuits disagree, and whether a sufficiently restrictive forfeiture or restitution order may be challenged under 28 U.S.C. § 2255.
Question presented
1. Whether, as this Court suggested in Slack v. McDaniel, 529 U.S. 473, 484 (2000), the existence of a circuit split alone, notwithstanding contrary home circuit precedent, can demonstrate that reasonable jurists could find a claim debatable for purposes of granting a certificate of appealability under 28 U.S.C. § 2253(c)(2). (A 3-3 circuit split.)? 2. Whether collateral challenges to noncustodial punishment, such as forfeiture orders or restitution awards, can be cognizable under § 2255 if the financial penalty is sufficiently severe that it restrains liberty. (A 5-2 circuit split.)?
- Case path
United States Court of Appeals for the Eleventh Circuit / Petition pending
- Area
Petition for review pending
Briefing
What it's about
Fred Davis Clark Jr. asks the Supreme Court to review two questions about post-conviction challenges. One concerns when a certificate of appealability (permission to appeal) should issue; the other concerns challenges to severe financial penalties under § 2255.
Argument
The case is pending, and oral argument has not been scheduled. No substantive justice or advocate reactions are available yet.
Impact
The case could affect people seeking to appeal after conviction when courts disagree on the legal issue. It could also affect people trying to challenge restitution or forfeiture orders that they say severely restrict their freedom.
What's next
The next step is a scheduling or other action by the Court on the petition for certiorari (the Court's decision whether to hear the case). No decision window is available yet.
What is at stake in Clark v. United States?
The petition asks whether disagreement among appeals courts can support permission to appeal and whether severe financial penalties can be challenged after conviction.
Who could be affected by the financial-penalty question?
People facing restitution or forfeiture orders could be affected if those penalties are severe enough to restrain liberty.
When will the Supreme Court act in Clark v. United States?
No argument date or decision window is available. Watch for a scheduling move or other Court action on the petition.
Documents
Activity
Docket activity3
AI analysis generated: Case Briefing
Sep 1, 2026 | Generated
Brief added: Petition
Apr 16, 2026 | Court records
Court Order added: Lower Court Orders/Opinions
Jan 15, 2026 | Court records
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 1, 2026
- Method
- Methodology