acceptance-of-responsibility
49 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5788 | Kalup Allen Born v. United States | Tenth Circuit | 2025-10-02 | Denied | Response WaivedIFP | acceptance-of-responsibility acquitted-conduct criminal-procedure downward-departure harmless-error sentencing-guidelines | A defendant who "demonstrates acceptance of responsibility" for the offense "shall" be awarded a deduction in the offense level. When a defendant's en… |
| 25-5404 | Darren Smith v. United States | Second Circuit | 2025-08-19 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure mitigation-arguments official-victim-enhancement procedural-error sentencing-guidelines | Whether a district court commits procedural error under 18 U.S.C. § 3553, Rita v. United States, 551 U.S. 338 (2007), and Gall v. United States, 552 U… |
| 25-5213 | Cimeon Dion Williams v. United States | Fifth Circuit | 2025-07-28 | Denied | Response WaivedIFP | acceptance-of-responsibility constitutional-principles criminal-procedure mental-illness post-plea-misconduct sentencing-guidelines | Whether a district court may deny a reduction for acceptance of responsibility under USSG § 3E1.1 based solely on uncorroborated allegations of post p… |
| 24-6729 | Justin Lang Williams v. United States | Fifth Circuit | 2025-03-10 | Denied | Response WaivedIFP | acceptance-of-responsibility drug-offense felon-in-possession firearms-possession second-amendment sentencing-guidelines | 1. Whether section 922(g)(1)'s lifetime ban for possessing a firearm violates the Second Amendment as applied to Petitioner? 2. Can a district court … |
| 24-6202 | Kayne Russell Donath v. United States | Eighth Circuit | 2024-12-26 | Denied | IFP | acceptance-of-responsibility circuit-split criminal-statute physical-force sentencing-enhancement ussg-guideline | The district court increased Mr. Donath's sentence based upon his prior state of Iowa conviction for assault causing bodily injury or mental illness. … |
| 24-5820 | Tevon Ngomba v. United States | First Circuit | 2024-10-24 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure first-circuit obstruction-of-justice sentencing-guidelines united-states-sentencing-guidelines | I. Whether the Court of Appeals for the First Circuit erred by summarily affirming the district court's imposition of a two-level offense increase for… |
| 23-7583 | Shawn Hill v. United States | Second Circuit | 2024-05-29 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure mental-health plea-bargaining remorse sentencing sentencing-guidelines substantive-reasonableness supervised-release | 1. Was petitioner improperly denied credit for acceptance of responsibility based on an incident in a Hartford jail that appeared to be a mental healt… |
| 23-7327 | Zachariah Jay Histed v. United States | Sixth Circuit | 2024-04-29 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-law criminal-procedure drug-offense federal-sentencing judicial-discretion plea-bargaining sentencing sentencing-guidelines | Whether a defendant who plea ds guilty, admits the substantive elements of the criminal charge, and spares the government the time and expense of a tr… |
| 23-7133 | Garry Hines v. United States | Fourth Circuit | 2024-04-03 | Denied | Response WaivedIFP | acceptance-of-responsibility appellate-review criminal-appeal criminal-sentencing due-process fourth-circuit sentencing-discretion sentencing-guidelines statutory-maximum | 1. Whether the Fourth Circuit erred when determining that Petitioner's Sentence which exceeded the statutory maximum was proper and reasonable 2. Whe… |
| 23-6919 | Raul Perez v. United States | Eleventh Circuit | 2024-03-07 | Denied | Response WaivedIFP | acceptance-of-responsibility alford-plea criminal-procedure criminal-sentencing inter-circuit-split memory-defense memory-loss plea-bargaining sentencing-guidelines united-states-sentencing-guidelines | Does a plea of guilty pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), based on a complete loss of memory of the actions underlying the offen… |
| 23-5862 | Benancio Castaneda v. United States | Fifth Circuit | 2023-10-24 | Denied | Response WaivedIFP | acceptance-of-responsibility canine-sniff drug-investigation fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-search | Narcotics agents were surveilling a house based on unidentified "concerned citizen" calls of a high volume of short-stay traffic. Without corroboratin… |
| 23-5240 | Alden Brent Cooper v. United States | Fifth Circuit | 2023-07-28 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-conduct criminal-procedure due-process fifth-amendment presentence-investigation presentence-investigation-report sentencing sentencing-guidelines | Section 18 U.S.C. § 2252A(a)(1) can be violated by either knowingly receiving or distributing child pornography. A defendant accused of a violation of… |
| 22-7771 | Jaden Rene Johnson v. United States | Fifth Circuit | 2023-06-13 | Denied | Response WaivedIFP | 18-usc-3583 acceptance-of-responsibility criminal-sentencing due-process federal-procedure incarceration liberty liberty-deprivation sentencing sentencing-guidelines statutory-interpretation | Whether the District Court unreasonably sentenced Petitioner to a higher than necessary sentence by denying Petitioner's points for acceptance of resp… |
| 22-7290 | Michael Kenneth Howard v. United States | Fourth Circuit | 2023-04-14 | Denied | Response WaivedIFP | abuse-of-discretion acceptance-of-responsibility criminal-procedure district-court fourth-circuit right-to-appeal sentencing-guidelines waiver waiver-of-appeal | I. Whether the Fourth Circuit erred by ruling that Mr. Howard waived his right to appeal whether the District Court erred by not applying Acceptance o… |
| 22-7076 | Servando Pineda-Valdez v. United States | Fifth Circuit | 2023-03-23 | Denied | Response WaivedIFP | acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari | Should a writ of certiorari be granted since Servando-Pineda 's title 28 U.S.C. § 2255 motion sufficiently alleged constitutional claims violations du… |
| 22-5262 | David D. Major v. United States | Seventh Circuit | 2022-08-02 | Denied | Response WaivedIFP | abuse-of-discretion acceptance-of-responsibility appeal-denial career-offender criminal-history drug-related-offense obstruction-of-justice reliable-evidence sentencing-guidelines | (1) Isnt Seventh Circuit's panel decision contrary with UNITED STATES v. CHEEKS, 740 F.3d 440 (7thcir 2014),where district Court abused it's discret… |
| 21-7587 | Jose Garcia Solorzano v. United States | Seventh Circuit | 2022-04-11 | Denied | Response WaivedIFP | acceptance-of-responsibility appeal criminal-procedure criminal-sentencing district-court district-court-discretion reduction-in-sentence sentence-reduction sentencing-guidelines u.s.s.g.-§3e1.1 u.s.s.g.-interpretation | Did the district court err in not granting Mr. Solorzano a reduction in sentence for his acceptance of responsibility under U.S.S.G. §3E1.1? |
| 21-7351 | Miguel Angel Cruz-Polanco, aka Luis Hernandez v. United States | Fourth Circuit | 2022-03-11 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure federal-sentencing plain-error plea-bargaining sentencing-guidelines | I- wheter the Federal SeNten cing Guidelines Manvel Reguire a Plea oF Guilty and PoiNt ReductioN three guarantee a ? For accePtaNCe OF ResPoN sability… |
| 21-633 | Gustavo Placancia-Rosendo v. United States | Fifth Circuit | 2021-10-29 | Denied | Response Waived | acceptance-of-responsibility burden-of-proof criminal-procedure due-process plea-agreement relevant-conduct sentencing standard-of-proof | A defendant who pleads guilty will face a presentence investigation report, the results of which will guide the District Court in affixing sentence. A… |
| 21-6064 | Robert William Knopping v. United States | Ninth Circuit | 2021-10-26 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure district-court district-court-discretion downward-departure government-motion sentencing sentencing-guidelines third-level-reduction u.s.s.g. | Under what circumstances can the district court at sentencing deny the government's motion for a third-level reduction for acceptance of responsibilit… |
| 20-7177 | Sandra Doyle v. United States | Fifth Circuit | 2021-02-19 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process post-arrest-interview prosecutorial-discretion relevant-conduct safety-valve sentencing witness-testimony | 1. Is it a denial of due process to sentence petitioner to additional imprisonment based on a finding that she lied or minimized in her safety-valve i… |
| 20-6726 | Jamie Betances v. United States | First Circuit | 2020-12-30 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure factual-objections guilty-plea legal-arguments plea-agreement sentencing-enhancement sentencing-guidelines | Did the lower court err in denying Jamie Betances acceptance of responsibility, under U.S.S.G. § 3E1.1, after Mr. Betances pleaded guilty, accepted th… |
| 20-6577 | Victor Mondragon v. United States | Fifth Circuit | 2020-12-09 | Denied | Response WaivedIFP | acceptance-of-responsibility appellate-review criminal-sentencing district-court downward-adjustment federal-jurisdiction panel-review standard-of-review | I. DID THE DISTRICT COURT ERR BY DENYING MR. MONDRAGON A THREE-LEVEL DOWNWARD ADJUSTMENT FOR ACCEPTANCE OF RESPONSIBILITY? II. DID THE PANEL ERR BY E… |
| 20-5812 | Jason Andrew Dunlap v. United States | Ninth Circuit | 2020-09-25 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure defendant-responsibility federal-sentencing guilty-plea offense-level plea-bargaining sentencing-guidelines | Do the sentencing Guidelines limit the maximum offense level to 43, so that, from that highest level, there is a reduction when a defendant accepts re… |
| 20-5775 | Natalie Angeles v. United States | Fifth Circuit | 2020-09-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acceptance-of-responsibility criminal-procedure harm-analysis judicial-coercion presentence-report sentencing structural-error | Does a district court coerce the Defendant to withdraw her objections to findings in the Presentence Report where the court informs the Defendant that… |
| 20-5715 | Martin Rogelio Longoria v. United States | Fifth Circuit | 2020-09-16 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | at sentencing may withhold a motion for a third-level reduction acceptance-of-responsibility circuit-split criminal-procedure government-discretion motion-to-suppress plea-bargaining sentencing-guidelines | Whether the government, at sentencing, may withhold a motion for a third-level reduction for acceptance of responsibility under USSG § 3E1.1(b) on the… |
| 20-5666 | Cristian Mendoza v. United States | Fifth Circuit | 2020-09-11 | Denied | Response WaivedIFP | acceptance-of-responsibility advisory-sentencing criminal-procedure due-process guilty-plea plea-agreement sentencing-guidelines sentencing-range | 1. A defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of respon… |
| 20-5356 | Jabarr Ryeheine Rudolph v. United States | Fourth Circuit | 2020-08-14 | Dismissed | Response WaivedIFP | acceptance-of-responsibility appeal cocaine-base criminal-appeal criminal-procedure drug-weight due-process obstruction-of-justice sentencing-guidelines standard-of-review | I. WHETHER THE CIRCUIT COURT OF APPEALS ERRED IN THE ASSESSMENT OF A TWO POINT ENHANCEMENT AGAINST THE APPELLANT JABARR RUDOLPH FOR OBSTRUCTION OF JUS… |
| 19-8649 | Angelo Johnson v. United States | Eighth Circuit | 2020-06-13 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines u-s-sentencing-commission | Should a defendant be denied a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 when the defendant enters a timely guilty… |
| 19-7698 | Martin Calderon-Ortalejo v. United States | Fifth Circuit | 2020-02-18 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure extensive-scope extensive-scope-planning fifth-circuit-review judicial-abuse-of-discretion offense-level-enhancement plea-agreement sentencing-discretion substantial-interference substantial-interference-with-justice total-offense-level | Did the United States District Court for the Northern District of Texas, Lubbock Division, abuse its discretion by imposing two consecutive sentences … |
| 19-7624 | Jerome Shaw v. United States | Second Circuit | 2020-02-12 | Rehearing | Response WaivedRelisted (2)IFP | acceptance-of-responsibility burden-of-proof criminal-procedure due-process eighth-amendment excessive-fines excessive-fines-clause fatico-hearing sentencing | Whether the District Court violated Petitioner's Due Process Rights when it erroneously found that the Government had sustained its burden of proof … |
| 19-7638 | Rodrigo Cruz Perez v. United States | Fourth Circuit | 2020-02-11 | Denied | Response WaivedIFP | acceptance-of-responsibility circuit-split constitutional-rights criminal-procedure criminal-sentencing fifth-amendment sentencing-guidelines sixth-amendment split-among-circuits | Under the U.S. Sentencing Guidelines, a defendant who accepts responsibility for an offense receives a two-point reduction on the offense level. U.S.S… |
| 19-6638 | Yannier Arias v. United States | Eleventh Circuit | 2019-11-21 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel | 1. Whether conflicting affidavits require an evidentiary hearing for ineffective assistance of counsel. 2. Counsel was ineffective for not objecting … |
| 19-5874 | David Kirkland v. United States | Third Circuit | 2019-09-09 | Denied | Response WaivedIFP | acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial | 1. Whether the petitioner's attorney was ineffective for withholding information that cost defendant a three-point sentencing reduction for acceptance… |
| 19-5742 | Robert Gene Rand v. United States | Ninth Circuit | 2019-08-29 | Denied | Response WaivedIFP | acceptance-of-responsibility appellate-review criminal-procedure district-court district-court-discretion factual-findings ninth-circuit plea-agreement sentencing-guidelines sentencing-guidelines-application sentencing-reductions standard-of-review | Whether a circuit court errs by affirming a district court's decision regarding the applicability of the United States Sentencing Guidelines based on … |
| 19-5738 | Carlos Manuel Perez-Crisostomo v. United States | First Circuit | 2019-08-29 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process identity name obstruction-of-justice plea-agreement puerto-rico sentencing sentencing-court sentencing-enhancement sentencing-guidelines u.s.s.g.-3c1.1 | I.- Whether the Sentencing Court erred in founding Petitioner obstructed justice, pursuant to U.S.S.G. § 3C1.1, when Petitioner did not correct the … |
| 19-5718 | Alexander Lee Salazar v. United States | Fifth Circuit | 2019-08-27 | Denied | Response WaivedIFP | acceptance-of-responsibility appeal criminal-procedure district-court district-court-discretion mitigating-factors mitigating-role offense-level role-adjustment sentencing-guidelines | L Did the district court err when it declined to grant Mr. Salazar a mitigating role adjustment under the Guidelines? I. Did the district court err w… |
| 18-9739 | Timothy Paul Malone v. United States | Fifth Circuit | 2019-06-20 | Denied | Response WaivedIFP | acceptance-of-responsibility application-note application-note-2 chapter-5 criminal-procedure criminal-sentencing federal-sentencing judicial-interpretation offense-level sentencing-guidelines statutory-interpretation | I. Whether the lower court has misconstrued and misapplied U.S.S.G. Chapter 5, Part A, Application Note 2 by failing to limit the offense level to a l… |
| 18-9677 | Martin Arreola Zavala v. United States | Eighth Circuit | 2019-06-14 | Denied | Response WaivedIFP | acceptance-of-responsibility contested-cases criminal-procedure drug-quantity due-process evidence evidence-determination federal-courts federal-sentencing legal-sufficiency quantity-determinations sentencing sentencing-guidelines standard-of-review sufficiency-of-evidence | 1. WHETHER THIS COURT SHOULD GRANT CERTIORARI TO ADDRESS THE PROPER APPLIATION OF LAW TO FACT RELATING TO SUFFICIENCY OF THE EVIDENCE FOR QUANTITY DET… |
| 18-9085 | Juan Antonio Hunter v. United States | Fourth Circuit | 2019-05-02 | Denied | Response WaivedIFP | acceptance-of-responsibility base-offense-level criminal-appeal criminal-procedure-sentencing criminal-sentencing district-court-discretion federal-sentencing-guidelines first-step-act sentencing-guidelines statutory-maximum u.s.s.g.-5g1.1(a) | WHETHER THE DISTRICT COURT ABUSED ITS DISCRETION BY DEDUCTING THE THREE POINTS AWARDED THE PETITIONER FOR HIS ACCEPTANCE OF RESPONSIBILITY WHEN THOSE … |
| 18-8400 | Travis Demond Johnson v. United States | Eleventh Circuit | 2019-03-12 | Denied | Response WaivedIFP | abuse-of-discretion acceptance-of-responsibility criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-procedure sentencing-reasonableness statutory-purposes-of-sentencing upward-departure | 1. WHETHER THE DISTRICT COURT ERRED IN DEPARTING UPWARD UNDER THE UNITED STATES SENTENCING GUIDELINES §4A1.3 RESULTING IN AN UPWARD DEPARTURE DURING T… |
| 18-8268 | Alandis D. Patterson v. United States | Fourth Circuit | 2019-03-06 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-history criminal-procedure drug-possession due-process presentence-investigation sentencing-factors sentencing-guidelines sentencing-variance sexual-abuse | 1. Did the trial court err in overruling the Petitioner's objection to the Application of a two-level increase pursuant to U.S.S.G. Section 2G1.1(c)(1… |
| 18-8079 | Christopher Loran Bentley v. United States | Eleventh Circuit | 2019-02-22 | Denied | Response WaivedIFP | abuse-of-discretion acceptance-of-responsibility criminal-sentencing judicial-discretion notice-requirement relevant-conduct sentencing-guidelines sentencing-reasonableness statutory-maximum substantive-reasonableness upward-departure | 1. WHETHER THE DISTRICT COURT ERRED IN SENTENCING MR. BENTLEY TO A STATUTORY MAXIMUM OF 120 MONTHS IN THAT SUCH SENTENCE WAS GREATER THAN NECESSARY TO… |
| 18-7740 | Esequiel Joel Rodriguez v. United States | Fifth Circuit | 2019-02-04 | Denied | Response WaivedIFP | acceptance-of-responsibility certificate-of-appealability due-process government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment | 1. Whether It Was Error to deny Rcdriguez A Certificate of Appealability, to Pursue His Sixth Amendment Claim on Appeal, Where He Demonstrated Ineffec… |
| 18-6980 | Traveon Shaquille Martin v. United States | Fourth Circuit | 2018-12-11 | Denied | Response WaivedIFP | acceptance-of-responsibility clear-error criminal-procedure district-court offense-level sentencing-guidelines u.s.s.g-3e1.1 | Whether the district court clearly erred in denying a three-level reduction in Petitioner's offense level for acceptance of responsibility under U.S.S… |
| 18-6911 | Adrian Pineda-Orozco v. United States | Fifth Circuit | 2018-12-04 | Denied | Response WaivedIFP | acceptance-of-responsibility affirmative-defense criminal-conviction criminal-law criminal-law-procedure duress-defense family-member fifth-circuit miscarriage-of-justice sentencing | 1. Whether the Fifth Circuit Court of Appeals opinion permitting Pineda-Orasco's conviction to stand resulted in a miscarriage of justice given the lo… |
| 18-5204 | Jose Luis Morales v. United States | Fifth Circuit | 2018-07-11 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process enhancement evidence fact-finding immigration immigration-law judicial-error sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation undocumented-aliens | WHETHER THE LOWER COURT ERRORED BY DENYING THE RELIEF UNDER SECTION 3E1:1 FOR ACCEPTANCE OF RESPONSIBILITY ? WHETHER THE LOWER COURT ERRORED IN ENHAN… |
| 18-5072 | Jill M. Evans v. United States | Tenth Circuit | 2018-07-02 | Denied | Response WaivedIFP | acceptance-of-responsibility burden-on-court-system criminal-procedure due-process efficient-punishment federal-sentencing federal-sentencing-guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines unrelated-offenses | Under the Federal Sentencing Guidelines, should a defendant be entitled to credit under the acceptance of responsibility guideline (USSG §3E1.1) if sh… |
| 18-5047 | Keith Lamont Tutt v. United States | Fourth Circuit | 2018-06-29 | Denied | Response WaivedIFP | abuse-of-discretion acceptance-of-responsibility corporate-liability criminal-procedure-due-process discretion due-process environmental-regulations fair-opportunity officer-responsibility plea-bargaining regulatory-compliance sentencing statutory-interpretation withdraw-guilty-plea withdrawal-of-plea | 1) Whether the district court Prejudiced the defendant by denying him due process of a concerning his reasons for Wanting to withdraw his guilty plea … |