No. 25-1199October Term 2025Before Arguments
Fred Davis Clark, Jr., Petitioner v. United States
from the United States Court of Appeals for the Eleventh Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Eleventh Circuit.
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 / Accepted by the Court
- Area
Supreme Court case awaiting argument
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
In a petition from the Eleventh Circuit, Clark asks the justices to review two questions about later review after conviction. The petition asks whether a split among federal appeals courts can, by itself, justify a certificate of appealability (permission to appeal) and whether § 2255 can reach severe restitution or forfeiture orders when the financial penalty is so severe that it restrains liberty.
Argument
The case is pending, and no oral argument is scheduled; the petition asks the Court to resolve the Eleventh Circuit dispute and two circuit splits.
Impact
The case could matter for people seeking review in circuits with unfavorable precedent, because it asks whether disagreement elsewhere is enough to show a claim is debatable. It also matters for people facing major restitution or forfeiture orders, since lower courts are split over whether § 2255 can be used to challenge those penalties.
What is at stake in Clark v. United States?
The petition asks whether a circuit split alone can support a certificate of appealability, meaning permission to appeal after conviction. It also asks whether very severe restitution or forfeiture orders can be challenged under § 2255.
Who could be affected by Fred Davis Clark, Jr. v. United States?
People seeking later review after a federal conviction could be affected, especially in circuits with contrary precedent. People facing major restitution or forfeiture orders could be affected too.
What happens next in Clark v. United States?
The case is pending and no oral argument is scheduled. Watch for oral argument or another scheduling move from the Court.
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
- Jul 23, 2026
- Method
- Methodology