No. 25-7619October Term 2025Before Arguments
Yulisey Herrera Gongora, 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
Does a district court’s violation of 18 U.S.C. § 3553(c)(2) affect a defendant’s substantial rights under plain error review, given that the right to meaningful appellate review is itself a “substantial” right?
- 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
Yulisey Herrera Gongora asks the Supreme Court to review a federal sentencing question from the Eleventh Circuit. The petition asks whether a district court’s violation of 18 U.S.C. § 3553(c)(2) affects a defendant’s substantial rights under plain error review.
Argument
The case is still at the certiorari (the Court's decision to hear the case) stage, and oral argument has not been scheduled. The petition says federal appeals courts are split on this question.
Impact
The answer could shape how hard it is for federal defendants to challenge sentencing errors on appeal and still get meaningful appellate review. Right now, a defendant in one circuit may face a different rule than a similarly situated defendant elsewhere.
What is the dispute in Herrera Gongora v. United States?
The petition asks whether a district court's violation of 18 U.S.C. § 3553(c)(2) affects a defendant's substantial rights under plain error review. The case also highlights a split among federal appeals courts.
Who could be affected if the Supreme Court takes this case?
Federal defendants appealing sentences could be affected, especially in circuits that treat this kind of error differently. The Court could bring one nationwide rule.
What happens next in Herrera Gongora?
The justices must first decide whether to grant certiorari (agree to hear the case). If they do, the next visible step would be scheduling oral argument.
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 17, 2026
- Method
- Methodology