In re: Timothy Guess — 4th Cir. (Oct 30, 2026)

No. 26-0110 Argued October 30, 2026 Published October 31, 2026

The Fourth Circuit considers whether Timothy Guess can bring another challenge to his federal sentence after receiving a sentence reduction. A judge shortened his prison term but did not give him the full reduction he requested. The order he received did not explain the judge's reasons, a problem noted in the earlier appeal of that reduction. Section twenty-two fifty-five allows federal prisoners to challenge the legality of their convictions or sentences. But strict rules limit second or successive motions. The judges will explore two different ideas: whether a later reduction creates a new judgment, and whether a newly arising claim should count as a repeat challenge. Guess seeks to have his proposed motion treated as a first motion. This hearing concerns whether the motion can proceed, not whether its underlying challenge should win.

In re: Timothy Guess (No. 26-0110) — U.S. Court of Appeals for the Fourth Circuit, argued October 30, 2026.

Sources

Argument audio — U.S. Court of Appeals for the Fourth Circuit:https://www.ca4.uscourts.gov/OAarchive/mp3/26-0110-20261030.mp3

Recording listing — U.S. Court of Appeals for the Fourth Circuit:https://www.ca4.uscourts.gov/oral-argument/oral-argument-audio-files

Argument calendar and case synopsis — Fourth Circuit, October 30, 2026:https://www.ca4.uscourts.gov/cal/internetcalOct272026.pdf

Earlier sentence-reduction appeal — United States v. Guess, June 23, 2025, No. 25-6095:https://www.ca4.uscourts.gov/opinions/256095.U.pdf

Federal postconviction motions — 28 U.S.C. § 2255:https://www.law.cornell.edu/uscode/text/28/2255

Sentence modifications and reductions — 18 U.S.C. § 3582:https://www.law.cornell.edu/uscode/text/18/3582

Later-arising claims — Panetti v. Quarterman, Court opinion, Section II:https://supreme.justia.com/cases/federal/us/551/930/

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