| 23-6476 |
Phillip Thomas Green v. United States |
Sixth Circuit |
2024-01-12 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review constitutional-law criminal-procedure due-process federal-sentencing presumption-of-reasonableness rebuttal sentencing-guidelines |
With the understanding that federal sentences are accompanied by a presumption of reasonableness if they fall within a properly calculated advisory gu… |
| 23-5159 |
Juan Jabari Hollis v. United States |
Tenth Circuit |
2023-07-21 |
Denied |
Response WaivedIFP |
advisory-guidelines appeal-waiver categorical-approach controlled-substance-offense controlled-substance-offenses criminal-sentencing federal-sentencing miscarriage-of-justice sentencing-guidelines waiver-of-appeal |
Despite waiving his right to appeal his sentence except under limited circumstances, did the calculation of his advisory guideline range, which influe… |
| 22-7055 |
Terrindez Xsidrick Bryant v. United States |
Fourth Circuit |
2023-03-21 |
Denied |
Response WaivedIFP |
advisory-guidelines booker-kimbrough-precedent district-court district-court-authority judicial-discretion kimbrough-v-united-states methamphetamine methamphetamine-sentencing sentencing-guidelines sentencing-variance united-states-v-booker |
In Kimbrough v. United States, 552 U.S. 85 (2007), this Court held that a district court had the authority, at sentencing, to reject the advice of the… |
| 22-5418 |
Miguel Jesus Rodriguez-Villanueva v. United States |
Fifth Circuit |
2022-08-22 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-jurisdiction circuit-split criminal-sentencing discretionary-decision downward-departure fifth-circuit sentencing-guidelines statutory-interpretation subject-matter-jurisdiction |
Whether the Fifth Circuit Court of Appeals had appellate jurisdiction to review the district court's discretionary decision not to depart below the ad… |
| 22-5265 |
Preston Hester, Jr. v. United States |
Eleventh Circuit |
2022-08-02 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure district-court due-process sentencing sentencing-guidelines SORNA SORNA-tier tier-level |
Whether the district court's failure to determine Mr. Hester's correct SORNA tier level in calculating the correct advisory Guideline sentencing range… |
| 21-8269 |
James Paris Williams v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure criminal-sentencing district-court district-court-discretion sentencing sentencing-guidelines substantive-reasonableness upward-variance |
1. Did the district court impose a substantively unreasonable sentence when it varied upward from the advisory sentencing range? |
| 21-7701 |
Francisco Rosales Hernandez v. United States |
Ninth Circuit |
2022-04-26 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure district-court extraordinary-compelling-reasons judicial-discretion molina-martinez-v-united-states ninth-circuit plain-error remand remand
21-7700" rosales-mireles-v-united-states sentencing-guidelines sentencing-law sentencing-reduction statutory-interpretation Whether a district court may consider nonretroacti |
When should a case be remanded for resentencing under the plain-error standard of review if the district court failed to announce its calculation of t… |
| 21-7581 |
Ice Tee Hudson v. United States |
Fourth Circuit |
2022-04-08 |
Denied |
Response WaivedIFP |
advisory-guidelines consecutive-sentences criminal-sentencing fourth-circuit reversible-error state-prosecution |
WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. HUDSON'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY I… |
| 21-6969 |
Alton Jackson v. United States |
Eleventh Circuit |
2022-01-26 |
Denied |
Response WaivedIFP |
advisory-guidelines booker circuit-court-review criminal-sentencing guideline-enhancement lapsed-statute legal-interpretation mandatory-guidelines sentencing-enhancement sentencing-guidelines statutory-interpretation |
1. Whether it was error for the Eleventh Circuit to uphold the district court's enhancement of Defendant's sentence under a provision of U.S.S.G. § 2K… |
| 21-6087 |
Maria Vargas-Luna v. United States |
Fifth Circuit |
2021-10-26 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-law criminal-procedure drug-conspiracy fact-finding judicial-fact-finding jury-trial-right reasonable-doubt sentencing sentencing-guidelines sixth-amendment |
Petitioner pleaded guilty to conspiracy to possess with intent to distribute a controlled substance. She admitted to the district court that approxima… |
| 21-5146 |
Antonio Dewayne Adams v. United States |
Tenth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
advisory-guidelines circuit-split criminal-procedure due-process fifth-amendment preponderance-of-the-evidence preponderance-standard sentencing sentencing-guidelines statutory-maximum |
The Tenth Circuit's decision is in conflict with decisions from the
Ninth Circuit Court of Appeals. The Tenth Circuit affirmed the district
court's us… |
| 21-5110 |
Junior Jean Baptiste v. United States |
Eleventh Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
18-U.S.C.-3553(a) advisory-guidelines appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasoned-decision sentencing sentencing-guidelines |
The district court, on remand for resentencing after failing or iginally to permit
allocution by petitioner, reimposed the original sentence witho ut … |
| 20-8431 |
Brandon Kendale Dudley v. United States |
Fourth Circuit |
2021-06-24 |
Denied |
Response WaivedIFP |
advisory-guidelines constitutional-law criminal-procedure due-process evidence-standard judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines |
Whether the use of the preponderance of the evidence standard at sentencing to substantially enhance a criminal defendant's advisory guideline range c… |
| 20-8136 |
Ebone Jazmine McAfee, aka Jazzy v. United States |
Fifth Circuit |
2021-05-25 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review circuit-split sentencing supervised-release supervisory-powers |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which affirmed two revocation sentences for violati… |
| 20-7956 |
Bryan Montalvo v. United States |
Fifth Circuit |
2021-05-07 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-jurisdiction criminal-procedure downward-departure federal-courts judicial-discretion motion-for-departure sentencing sentencing-review statutory-interpretation |
I. Whether a circuit court of appeals has jurisdiction to review the denial of a motion for downward departure? |
| 20-7172 |
Dakota Manucy Constantin v. Florida |
Florida |
2021-02-17 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-procedure due-process fifth-amendment judicial-discretion sentencing sentencing-guidelines sixth-amendment uncharged-conduct |
WAS CONSTANTIN DENIED DUE PROCESS WHEN THE SENTENCING COURT RELIED UPON UNCHARGED CONDUCT IN IMPOSING A SENTENCE IN EXCESS OF THAT RECOMMENDED BY THE … |
| 20-6246 |
Adam Joseph Bogema v. United States |
Ninth Circuit |
2020-11-06 |
Denied |
Response WaivedIFP |
18-usc-3553 advisory-guidelines appellate-review criminal-sentencing mental-illness sentencing-guidelines standard-of-review statutory-interpretation substantive-reasonableness unwarranted-disparity |
Whether this Court should provide some guidance to the appellate courts on the proper evaluation of a within guidelines sentence vis-a-vis 18 U.S.C. §… |
| 20-5983 |
Omar Sierre Folk v. United States |
Third Circuit |
2020-10-13 |
Denied |
Response WaivedIFP |
advisory-guidelines career-offender criminal-procedure guidelines habeas-corpus pre-beckles section-2255 sentencing sentencing-guidelines statute-of-limitations third-circuit |
1. Whether the Third Circuit's erred in not addressing Erroneous Career Offender Designation under the 5, 2016. |
| 20-5945 |
Shelby Clarmont v. Willis Chapman, Warden |
Sixth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
advisory-guidelines constitutional-violation criminal-procedure due-process people-v-lockridge people-v-milbourn proportionality resentencing sentencing-guidelines |
Is The Imposing Of A Sentence Which Was Based On Incorrectly Scored Sentencing Guidelines And Was A Departure From Applicable Advisory Guidelines Wher… |
| 20-5053 |
Deandre Lornell Brown v. United States |
Ninth Circuit |
2020-07-15 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review criminal-sentencing departure judicial-discretion presumptively-reasonable procedural-error sentencing-guidelines variance variance-standard |
Whether the district court's decision when imposing sentence that a defendant failed to sufficiently justify a "reduction" from the Sentencing Guideli… |
| 19-8543 |
Carl L. Burdick v. United States |
Second Circuit |
2020-05-27 |
Denied |
Response WaivedIFP |
18-usc-3553 advisory-guidelines criminal-procedure judicial-discretion plea-agreement rita-v-united-states sentencing sentencing-guidelines sentencing-range united-states-v-booker |
Whether the District Court, contrary to precedents of this Court and the United States Court of Appeals for the Second Circuit, accorded the advisory … |
| 19-8199 |
Dwight Bullard v. United States |
Sixth Circuit |
2020-04-07 |
Denied |
Response WaivedIFP |
28-usc-2255 advisory-guidelines career-offender collateral-attack collateral-review criminal-sentencing due-process federal-sentencing section-2255 sentencing-guidelines |
Whether a defendant erroneously sentenced as a career offender under the advisory Guidelines can collaterally attack his enhanced sentence under 28 U.… |
| 19-7681 |
Howard Aron Washington, Jr. v. United States |
Fourth Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review criminal-sentencing gall-v-new-jersey guideline-departure procedural-error procedural-reasonableness reasonableness rosales-mireles Rosales-Mireles-v-United-States sentencing sentencing-guidelines standard-of-review |
THE DECISION OF THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT IN UNITED STATES V. WASHINGTON IS INCONSISTENT WITH THIS COURT'S DECISION IN… |
| 19-5754 |
Charmar Brown v. United States |
Eighth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
advisory-guidelines collateral-attack constitutional-challenge criminal-procedure cross-reference double-jeopardy due-process habeas-corpus magwood magwood-precedent sentencing sentencing-guidelines |
Whether Magwood extended to challenges to the original undisturbed conviction, following a new judgment?
Whether Murder Cross-reference U.S.S.G. 2D1.… |
| 18-9275 |
James Troiano v. United States |
Ninth Circuit |
2019-05-14 |
Denied |
Response WaivedIFP |
acca-residual-clause advisory-guidelines advisory-sentencing-guidelines armed-career-criminal-act certificate-of-appealability due-process johnson-claim johnson-v-united-states townsend-misinformation townsend-v-burke vagueness void-for-vagueness |
Should a COA issue because reasonable jurists could conclude that Johnson's interpretation of the ACCA's residual clause triggers a Townsend claim aga… |
| 18-8234 |
Jeremy Snider v. United States |
Sixth Circuit |
2019-03-05 |
Denied |
Response WaivedIFP |
28-usc-2255 advisory-guidelines advisory-sentencing-guidelines circuit-court-decision circuit-split cognizable-claims criminal-procedure-28-usc-2255 federal-law federal-statute non-constitutional-claims post-conviction-relief sentencing-guidelines sentencing-relief statutory-interpretation |
Whether non-constitutional claims for sentencing relief grounded on the advisory Sentencing Guidelines can ever be cognizable under 28 U.S.C. § 2255. |
| 18-7862 |
Vincent Beatty, aka Jamaal Beatty, aka Vincent Daward Beatty, aka Mozzi v. United States |
Fourth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
abuse-of-discretion advisory-guidelines criminal-history criminal-procedure criminal-sentencing felon-in-possession reasonableness reasonableness-review sentencing-guidelines sentencing-variance sua-sponte upward-variance |
Whether a sua sponte upward variance sentence is reasonable where the advisory Guideline range accurately reflected the defendant's conduct and prior … |
| 18-7666 |
Rowy De Jesus Vasquez v. United States |
Eleventh Circuit |
2019-01-30 |
Denied |
Response WaivedIFP |
18-usc-3553 advisory-guidelines criminal-sentencing departure district-court-discretion due-process notice notice-requirement sentencing-departures sentencing-guidelines statutory-interpretation ussg-1b1.1 ussg-5k2.0 |
Whether the district court must have provided defendant notice for the grounds for a sentence above the range recommended by the advisory guidelines r… |
| 18-6732 |
Myron Gerald Stevens v. United States |
Eleventh Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-sentencing discretion-to-vary downward-variance judicial-discretion procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness |
1. Did the trial court impose a procedurally unreasonable sentence of life imprisonment upon conviction of a first offense, where it applied an incorr… |
| 18-6461 |
Gerren K. Love v. United States |
Tenth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
advisory-guidelines causation-element circuit-split crime-of-violence criminal-classification criminal-law force-definition sentencing sentencing-guidelines statutory-interpretation united-states-v-castleman violent-crime violent-force |
If a statute has a causation-of-harm element, does it also necessarily have an element of violent force for purposes of classifying the crime as a vio… |
| 18-6397 |
Angel Rosario v. United States |
Second Circuit |
2018-10-23 |
Denied |
Response WaivedIFP |
actual-innocence advisory-guidelines amendment-709 career-offender due-process ineffective-assistance johnson-rule rule-of-lenity sentencing-enhancement void-for-vagueness |
Were the Appellant's right to Due Process of Law violated and proceedings unfair considering that the Second Circuit granted both summary affirmance t… |
| 18-6138 |
Lance Fox v. United States |
Ninth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
advisory-guidelines beckles-v-united-states certificate-of-appealability criminal-defendant due-process misinformation sentencing sentencing-guidelines townsend-v-burke void-for-vagueness |
Due process precludes a district court from relying on misinformation when sentencing a criminal defendant, requiring instead accuracy and reliability… |
| 18-6112 |
Opherro G. Jones v. United States |
Ninth Circuit |
2018-09-28 |
Denied |
Response WaivedIFP |
advisory-guidelines beckles-v-united-states certificate-of-appealability criminal-procedure due-process misinformation sentencing sentencing-guidelines townsend-v-burke void-for-vagueness |
Due process precludes a district court from relying on misinformation when sentencing a criminal defendant, requiring instead accuracy and reliability… |
| 18-6113 |
Frank J. Ballesteros v. United States |
Eleventh Circuit |
2018-09-27 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-procedure fairness fairness-doctrine integrity judicial-proceedings judicial-review post-conviction-relief pro-se-applicant public-reputation resentencing sentencing sentencing-guidelines |
1. Should this Court grant review of the court of appeals' decision based on this Court's subsequent decision in Rosales-Mireles v. United States that… |
| 18-6007 |
Valerie Louise Williams v. United States |
Fourth Circuit |
2018-09-17 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review criminal-procedure downward-variance federal-sentencing federal-sentencing-guidelines judicial-discretion presumption-of-reasonableness sentencing sentencing-guidelines substantive-reasonableness |
Whether The Court Should Grant Certiorari to Provide Further Clarification as to the Presumption of Substantive Reasonableness for Downward Variances … |
| 18-5308 |
O'Neil Anthony Harris v. United States |
Eleventh Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
advisory-guidelines congressional-intent guideline-amendment judicial-discretion sentence-enhancement sentencing-factors sentencing-guidelines sentencing-reform upward-variance |
Whether a District Court Disregards Congressional Intent and Imposes an Unreasonable Sentence When it Applies an Upward Variance to the Advisory Sente… |
| 18-5266 |
Michael Ferguson v. United States |
Sixth Circuit |
2018-07-18 |
Denied |
Response WaivedIFP |
advisory-guidelines arrest-records bare-arrest-records dismissed-charges due-process evidence-reliability hearsay hearsay-evidence reliability-standard sentencing sentencing-guidelines sixth-amendment |
(1) What standard of scrutiny does Due Process require courts to use when evaluating the reliability of evidence courts rely on to impose a sentence?
… |