consecutive-sentences

42 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6847 Andre Lamont Rawls v. United States Fifth Circuit 2026-02-18 Pending IFP appellate-review concurrent-sentences consecutive-sentences sentencing sentencing-guidelines supervised-release Whether the judge in the Southern District of Mississippi erred by ordering the 60-month supervised release revocation sentence at issue to run consec…
24-6748 Clifford Charles Galley, II v. Colorado Colorado 2025-03-11 Denied Response WaivedIFP consecutive-sentences constitutional-proportionality cruel-unusual-punishment eighth-amendment life-without-parole sentencing 1) Under the ever evolving standards that mark the progress of a maturing society, does the Eighth Amendments prohibition against cruel and unusual pu…
23-5954 Arthur Picklo v. United States Eleventh Circuit 2023-11-06 Denied Response WaivedIFP 924(c) consecutive-sentences consecutive-sentencing criminal-procedure federal-criminal-law rule-of-lenity sentencing sentencing-guidelines statutory-interpretation Whether the rule of lenity requires a sentencing court to impose a § 924(c) sentence consecutive to only the predicate crime of violence or drug offen…
23-5941 Gregory L. Randle v. United States Fifth Circuit 2023-11-02 Denied Response WaivedRelisted (2)IFP consecutive-sentence consecutive-sentences criminal-procedure due-process federal-jurisdiction sentencing sentencing-guidelines sentencing-reasonableness supervised-release Whether the district court erred by ordering Mr. Randle to serve 12 months in prison for nonviolent supervised release violations, and by ordering the…
23-5631 Jason M. Moriarty v. United States Eleventh Circuit 2023-09-21 Denied Response WaivedIFP consecutive-sentences criminal-law criminal-procedure imprisonment maximum-sentence revocation-of-release sentencing sentencing-guidelines statutory-interpretation supervised-release When revoking multiple terms of supervised release and requiring a defendant "to serve in prison all or part of the term of supervised release," may t…
22-7769 Tyrone Desante Morant v. Bill Stange, Warden Missouri 2023-06-13 Denied Response RequestedRelisted (3)IFP 14th-amendment 6th-amendment 8th-amendment consecutive-sentences constitutional-rights eighth-amendment juvenile-sentencing mandatory-life-sentence miller-v-alabama sentencing-discretion Missouri's former first-degree murder statute, Section 565.020, RSMo, mandated a sentence of life without parole for any offender who committed the of…
22-7192 Dan Pizarro v. United States Ninth Circuit 2023-04-04 Denied Response WaivedIFP consecutive-sentences criminal-sentencing district-court-authority district-court-discretion federal-criminal-procedure federal-jurisdiction future-events future-sentence-commencement judicial-sentencing-power sentencing-authority setser-v-united-states 1. Does a district court exceed its authority by expressly or effectively ordering its sentence to run consecutively to a sentence in another federal …
22-6408 Samuel Lawrence Wood v. Mike Brown, Warden Sixth Circuit 2022-12-28 Denied Response WaivedIFP concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process federal-review federal-sentencing habeas-corpus sentencing state-prisoner state-sentencing statutory-authority Is the state of Michigan in the Absence of Statutory Authority. See 18 U.S.C. 9 3584 (a) Petitioner was Already subject to the state sentences. Petiti…
22-6364 Fairly W. Earls v. Federal Bureau of Prisons Seventh Circuit 2022-12-21 Dismissed IFP concurrent-sentences consecutive-sentences constitutional-rights double-jeopardy due-process federal-sentence sentencing sentencing-guidelines state-sentence I. Whether Earls should have to serve the same Federal Sentence a Second Time. The United States Court of Appeals for the Seventh Circuit violated Ear…
22-5979 Demetrice R. Devine and Brandon Jowan Mangum v. United States Fourth Circuit 2022-11-02 Denied Response RequestedResponse WaivedRelisted (2)IFP blockburger-test consecutive-sentences constitutional-review criminal-sentencing double-jeopardy modified-blockburger new-sentencing-hearings sentencing sentencing-enhancements substantive-reasonableness 1. Should this Court adopt the predominant modified Blockburger approach and find the maximum consecutive sentences imposed on the Petitioners on all …
22-5836 Laquan Kyle Duane Shakespeare v. United States Tenth Circuit 2022-10-14 Denied Response WaivedIFP 18-usc-3583k consecutive-sentences constitutional-challenge double-jeopardy due-process mandatory-minimum marks-doctrine marks-v-united-states sentencing-enhancement statutory-interpretation united-states-v-haymond 1. Whether Mr. Shakespeare's five-year mandatory minimum revocation term of imprisonment imposed pursuant to 18 U.S.C. § 3583(k) is valid in light of …
22-5132 Joe Octavio Granado v. United States Fifth Circuit 2022-07-19 Denied Response WaivedIFP 18-usc-3583 concurrent-sentences consecutive-sentences district-court incarceration liberty-deprivation liberty-interest revocation sentencing statutory-interpretation supervised-release Whether the District Court, in revoking supervised release, excessively sentenced Petitioner with consecutive incarceration from an original concurren…
22-49 Efrain Lora v. United States Second Circuit 2022-07-19 Judgment Issued Amici (2)Response RequestedResponse WaivedRelisted (3) circuit-split concurrent-sentences consecutive-sentences criminal-law criminal-procedure federal-criminal-law mandatory-minimums sentencing sentencing-discretion statutory-interpretation Whether 18 U.S.C. § 924(c)(1)(D)(ii), which provides that "no term of imprisonment imposed … under this subsection shall run concurrently with any oth…
21-7975 Amir Karim Beigali v. United States Sixth Circuit 2022-05-26 Denied Response WaivedIFP 924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release DOES THE FIFTH AND SIXTH AMENDMENT UNDER THE U.S. CONSTITUTION PROHIBIT SECOND OR SUBSEQUENTLY SECTION 924 (c) (1) (C)(i) AND ITS CONSECUTIVE MANDATOR…
21-7784 Idania Renteria Madrid v. United States Fifth Circuit 2022-05-05 Denied Response WaivedIFP 18-usc-3583 consecutive-incarceration consecutive-sentences criminal-sentencing due-process federal-sentencing-guidelines immigration-detention liberty-deprivation sentencing statutory-interpretation Whether the District Court excessively sentenced Petitioner to consecutive incarceration and deprived the Petitioner of liberty within the terms of 18…
21-7773 Eric Middlebrook v. United States Seventh Circuit 2022-05-05 Denied Response WaivedIFP consecutive-sentences constitutional-challenge constitutional-law double-jeopardy drug-crimes drug-offense guideline-range mandatory-consecutive-term mandatory-minimum sentencing-enhancement sentencing-guidelines 1. Does punishing an individual with both a statutory penalty that requires a mandatory consecutive prison term and a Guideline Range enhancement for…
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…
21-6701 Nakyia D. Parker v. Douglas Fender, Warden Sixth Circuit 2021-12-22 Denied Response WaivedIFP consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence WHETHER PETITIONER-APPELLANT, PARKER WAS DENIED A FAIR AND IMPARTIAL TRIAL DUE TO SEVERAL MAJOR CONSTITUTIONAL AND DUE PROCESS RIGHT VIOLATIONS THAT I…
21-6318 Michael Aaron Aldridge v. United States Fifth Circuit 2021-11-17 Denied Response WaivedIFP consecutive-sentences criminal-sentencing sentencing-guidelines statutory-interpretation substantive-reasonableness supervised-release 1. Whether the district court exceeded the statutory maximum sentence of 24 months imprisonment when it imposed five separate sentences of imprisonmen…
20-7986 Kevin Dunbar v. Arizona Arizona 2021-05-11 Denied IFP attempted-first-degree-murder consecutive-sentences constitutional-rights criminal-procedure double-jeopardy due-process evidence-weighing kidnapping self-representation supreme-court-precedent Was the petitioner's aggravated sentences was in violation of due process and conflicts with the United states Supreme Court holdings in Apprendi V. N…
20-7961 Antonio Olmeda v. United States Second Circuit 2021-05-07 Denied Response WaivedIFP consecutive-sentences consecutive-sentencing criminal-procedure double-jeopardy due-process firearm-possession jury-determination jury-trial multiplicitous-conviction sentencing-enhancement sentencing-guidelines statutory-interpretation Whether a Judgment and Conviction oh two counts, § 2K2.1.(a)., for unlawful "receipt", of a firearm and "Possession" of that firearm is multiplicitou…
20-7190 Erik Sanchez v. Terry Jacques, Warden Tenth Circuit 2021-02-22 Denied Response WaivedIFP confrontation-clause consecutive-sentences constitutional-rights criminal-procedure due-process federal-review judicial-discretion plea-bargaining post-conviction-relief sentencing sentencing-guidelines IN ORCDER FOR THE SENTENCING COURT TO DEPART FROM THE CONCURCENT SENTENCES REQUIREMENT IN .R.S. S18-1-HOB(3) DOES COOVECNMENT MUST ENTER FACTUAL BASIS…
20-6666 Sebastian L. Eccleston v. United States Tenth Circuit 2020-12-21 Denied Response WaivedIFP bureau-of-prisons concurrent-sentences consecutive-sentences criminal-justice due-process federal-prisoner federal-sentencing sentencing-statutes state-judiciary In Setser v. United States, this Court construed the third sentence of 18 USC §3584(a) to be inapplicable in cases where a federal sentence is imposed…
20-6396 Michael John Bever v. Oklahoma Oklahoma 2020-11-20 Denied IFP consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment 1. Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review. 2. Whether a judge's decis…
20-6332 Cecil Salyers v. Kentucky Kentucky 2020-11-16 Denied Response WaivedIFP concurrent-sentences consecutive-sentences constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice sentencing-prejudice sixth-amendment strickland strickland-standard Did the Kentucky Court of Appeals correctly interpret the Sixth Amendment in holding Petitioner "cannot demonstrate prejudice under Strickland", when …
20-6301 Alfornia Jason Wall, Jr. v. United States Fourth Circuit 2020-11-13 Denied Response WaivedIFP consecutive-sentences criminal-procedure double-jeopardy due-process federal-law federal-state-interaction recidivism sentencing-enhancement state-law Question not identified.
20-5711 David Smith-Garcia, fka David Garwood Atwood, II v. United States Fifth Circuit 2020-09-16 Denied Response WaivedIFP consecutive-sentences criminal-procedure fifth-circuit plain-error-review sentencing supervised-release 1. Whether the district court erred by ordering two terms of imprisonment to run consecutive in the subject third supervised release revocation procee…
19-8132 Antoine T. Chest v. Michael P. Bald, Judge, Circuit Court of Illinois, Stephenson County Illinois 2020-03-31 Denied IFP bodily-harm consecutive-sentences criminal-law criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion legal-ambiguity sentence-enhancement sentencing-interpretation statutory-construction statutory-interpretation THE HONORABLE JUDGE MICHAEL BALD IMPROPERLY IMPOSED CONSECUTIVE SENTENCES WHEN CONCURRENT SENTENCES ARE MANDATED BY THE STATUTE, PETITIONER WAS FOUND …
19-7780 Frank Harper v. United States Sixth Circuit 2020-02-26 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-USC-924(c) 18-usc-924c carjacking-by-intimidation collateral-review consecutive-sentences criminal-procedure dean-v-united-states ineffective-assistance ineffective-assistance-of-counsel Predicate-Offense retroactivity sentencing-guidelines statutory-interpretation I. A. Should certiorari be granted to determine whether Harper was denied the effective assistance of counsel for the failure to challenge on appeal a…
19-7515 Andy Nguyen v. California California 2020-01-31 Denied Response WaivedIFP alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentences consecutive-sentencing criminal-procedure criminal-sentencing judicial-fact-finding preponderance-of-evidence sentencing stare-decisis Should the Court reconsider its majority opinion in Oregon v. Ice, 555 U.S. 160, 167-168, 173-177, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009) (Ice) which p…
19-7338 David P. Moran v. Florida Florida 2020-01-17 Denied Response WaivedIFP concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process judicial-interpretation prosecutorial-charging same-conduct same-victim sentencing sentencing-discretion sentencing-guidelines 1. Should two charges for the same episode of conduct and the same victim with no temporal break whatsoever be sentenced to consecutive prison terms e…
19-6926 Roger William Campbell, II, aka Roger William Campbell v. United States Ninth Circuit 2019-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP concurrent-sentences consecutive-sentences criminal-procedure federal-sentencing revocation sentence-revocation sentencing-guidelines supervised-release united-states-sentencing-commission Is the "stacking" of multiple consecutive sentences, upon revocation of multiple concurrent terms of supervised release, consistent with the United St…
19-5969 Tawoine Aquil Frank Banks v. United States Second Circuit 2019-09-17 Denied Response WaivedIFP consecutive-sentences consecutive-sentencing court-of-appeals criminal-procedure due-process revocation revocation-sentence section-3624e sentencing supervised-release Did the Court of Appeals err in affirming of a supervised revocation sentence that ran consecutively to other supervised release revocation sentence?
19-91 Michele Buckner, Warden v. Robert W. Allen Missouri 2019-07-18 Denied consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus habeas-relief juvenile-offender juvenile-sentencing life-without-parole parole-eligibility Under the Eighth Amendment, may a State sentence a juvenile offender convicted of multiple crimes to multiple consecutive terms of years in prison und…
19-5127 William D. Dunne v. G. J. Bissett, Warden Ninth Circuit 2019-07-09 Denied Response WaivedIFP aggregated-sentences consecutive-sentences federal-prisoner federal-prisoners habeas-corpus mandatory-parole mandatory-release parole parole-eligibility pre-SRA sentence-calculation sentencing sentencing-reform-act statutory-interpretation Does pre-Sentencing Reform Act of 1984 (SRA)--"old law" — parole statute 18 USC §42.06(d) mandating federal prisoners' lease on parole absent certain…
18-9367 Michael F. Ramsey v. New York New York 2019-05-22 Denied Response WaivedIFP consecutive-punishment consecutive-sentences criminal-possession criminal-sentencing double-jeopardy firearm-law intent-of-legislature johnson-v-morgenthau judicial-precedent legislative-intent misapplied-decisions penal-law single-continuous-possession weapon-possession New York's highest court has distinguished criminal possession of a weapon with the intent to use element, Penal Law § 265.03, from other weapon posse…
18-8603 Gralyn Leon White v. United States Fifth Circuit 2019-03-28 Denied Response WaivedIFP 18-usc-924c aiding-and-abetting brandishing consecutive-sentences criminal-law due-process fifth-circuit first-step-act hobbs-act united-states-v-lewis Did the Fifth Circuit Court of Appeals Err by Failing to Apply the Holdings of United States v. Lewis, 907 F.3d 891, 894-95 (5th Cir. 2018). to Hobb's…
18-7920 Harold A. Habeck, II v. United States Fourth Circuit 2019-02-12 Denied Response WaivedIFP consecutive-sentences criminal-procedure criminal-procedure,sentencing,mandatory-minimums,d criminal-sentencing discretion drug-offense drug-offenses firearms mandatory-minimum mandatory-minimums predicate-crime sentencing-discretion statutory-interpretation "Whether; Dean v. United States, 581 U.S. (2017) permits a district court the discretion to consider less than the mandatory sixty month consecutive s…
18-7399 Gene Donta Carter v. Pennsylvania Pennsylvania 2019-01-14 Denied IFP consecutive-sentences criminal-conspiracy drug-delivery drug-offenses due-process non-violent-crime offense-gravity offense-gravity-scores sentence-proportionality sentencing sentencing-error THE SENTENCING CURT ERRED IN APPLYING INCORRECT OFFENSE GRAVITY SCORES IN VIOLATION OF APPELLANT'S DUE PROCESS RIGHTS BASED UPON THE UNPROVEN WEIGHT O…
18-7365 Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary Oregon 2019-01-10 Denied Response WaivedIFP 8th-amendment consecutive-sentences constitutional-law criminal-procedure cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment habeas-corpus minimum-sentences sentencing 1. Does the combined sentence totaling of 495 years with a 247½/ year minimum violate the Eight Amendment against cruel and unusual punishment? 2. Do…
18-7340 Eric Dillon v. United States Seventh Circuit 2019-01-09 Denied Response WaivedIFP appellate-review circuit-split consecutive-sentences criminal-law criminal-procedure-sentencing due-process federal-statute mandatory-minimum mandatory-minimums sentencing sentencing-guidelines statutory-interpretation united-states-v-battle SINCE 18 U.S.C. 924(j) Is A DISCRETE OFFENSE THAT DOES NOT CONTAIN A MANDATORY MINIMUM SENTENCE OR REQUIRE A CONSECUTIVE S,DID THE SEVENTH CIRCUIT APP…
18-6897 Victor Solorzano Tavia v. United States Eleventh Circuit 2018-12-03 Denied Response WaivedIFP blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release I. Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy clause …