criminal-conduct

29 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6697 Adedayo Abioye v. Mojisola Braimoh, et al. California 2026-02-03 Pending IFP criminal-conduct false-statement federal-statute fiduciary-duty mortgage-loan victim-damages Federal statute of the United States Code - 18 U.S.C. § 1014, prohibits making a (misleading or) "false statement " for the purpose of influencing cer…
25-5853 Clarence Santiago v. United States Fifth Circuit 2025-10-09 Denied Response WaivedIFP circuit-split criminal-conduct federal-procedure sentencing-disparity sentencing-guidelines statutory-interpretation In assessing whether two defendants are similarly situated for purposes of § 3553(a)(6), are courts required to consider their actual offense conduct?
24-6544 Lemack Bellot v. United States Ninth Circuit 2025-02-11 Denied Response WaivedIFP aiding-and-abetting attempt-crime criminal-conduct ninth-circuit reverse-sting statutory-interpretation Whether the Ninth Circuit's decision that "aiding and abetting an attempt" and "attempting to aid and abet" are equivalent permits wholly fictitious c…
24-6518 Martin Vera-Rivas v. United States Ninth Circuit 2025-02-10 Denied Response WaivedIFP border-patrol border-proximity corpus-delicti criminal-conduct illegal-entry suspicion-of-crime Does mere proximity to the border corroborate the criminal conduct at the core of illegal entry, thereby defeating a corpus delicti defense?
23-720 Omar Ahmed Khadr v. United States District of Columbia 2024-01-04 Denied Amici (1) appellate-waiver circuit-split criminal-conduct direct-appeal judicial-decision plea-agreement statutory-interpretation Plea agreements often include a general waiver of the right to appeal. Circuits are divided over whether the inclusion of such a term bars a defendant…
23-6331 Hannibal Moore v. United States Eleventh Circuit 2023-12-22 Denied Response WaivedIFP affirmative-defense burden-of-proof criminal-conduct criminal-law disqualifying-element imminent-threat justification-defense legal-alternative proximate-cause The question presented is whether the courts should also take a narrow view in considering the disqualifying element of the justification defense, and…
23-6297 Kevin Hewlett v. United States Fourth Circuit 2023-12-18 Denied Response WaivedIFP 18-usc-2251 cellphone-evidence child-pornography commerce-clause criminal-conduct criminal-law criminal-procedure interstate-commerce jury-instruction mens-rea 1) Whether the use of an internationally-manufactured cellphone in criminal conduct is, by itself, a sufficient nexus to interstate commerce to satisf…
23-6269 Yavonne Hand v. United States Fifth Circuit 2023-12-15 Denied Response WaivedIFP administrative-hearing administrative-law civil-rights criminal-conduct declaratory-judgment due-process ethics-violation government-misconduct public-officials standing IN AN ACTION IN WHICH THE SOLE CLAIM TO BE TRIED IS A CLAIM UNDER THE DECLARA TORY JUDGMENT ACT RESULTING TO VIOLATION OF ETHICS AND CRIMINAL CONDUCT…
23-5601 In Re Michael Kenny Carter 2023-09-15 Denied Response WaivedIFP charging-statute circuit-split constitutional-challenge constitutional-law criminal-conduct criminal-jurisdiction interstate-activity jurisdiction jurisdictional-scope sexual-activity statutory-interpretation Question not identified.
23-5310 Joseph Tyshawn Darren Favorite v. United States Sixth Circuit 2023-08-09 Denied Response RequestedResponse WaivedRelisted (3)IFP burden-of-proof confrontation-clause criminal-conduct criminal-procedure due-process evidentiary-standards judicial-discretion police-report sentencing-enhancement uncorroborated-accusation May the Court rely on an uncorroborated accusation of criminal conduct in a police report to enhance a defendant's sentence when the report is not par…
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…
22-963 John Doe v. Securities and Exchange Commission Second Circuit 2023-04-04 Denied Response Waived administrative-action criminal-conduct criminal-violation dodd-frank enforcement-action judicial-action pleaded-guilty sec-interpretation sentencing whistleblower whistleblower-award In denying a whistleblower award to Petitioner, the SEC interpreted key provisions of the statutory whistleblower program created by Congress in the D…
22-6872 Gustavo Guzman v. California California 2023-02-27 Denied Response WaivedIFP criminal-conduct fourth-amendment fourth-amendment-jurisprudence government-informant home-surveillance reasonable-suspicion warrantless-entry 1. Whether or under what circumstances the Fourth Amendment permits a government informant's warrantless entry into a person's home to monitor, transm…
22-5820 S. Patrick Mendel v. Liane Randolph, Individually and in Her Official Capacity as Commissioner, California Public Utilities Commission, et al. Ninth Circuit 2022-10-12 Denied Response WaivedRelisted (2)IFP civil-rights congressional-preemption criminal-conduct due-process federal-courts federal-enforcement preemption pro-se-petition public-safety transportation transportation-law Congress regulates transportation throughout the United States and preempts by law State interference, to insure a competitive marketplace; and import…
21-7600 Christopher Hibshman v. United States Seventh Circuit 2022-04-12 Denied Response WaivedIFP 18-USC-3583 18-USC-3583(e) criminal-conduct criminal-sentencing reasonableness-review sentencing sentencing-guidelines statutory-interpretation statutory-standards supervised-release 1. For violation of supervised release is the imposition of a 24 month sentence consecutive to a 2 year Indiana prison term unreasonable and at odds w…
21-1008 Andres Mencia v. United States Eleventh Circuit 2022-01-20 GVR Relisted (2) criminal-conduct criminal-intent criminal-liability due-process expert-testimony good-faith-defense medical-practice medical-standard-of-care mens-rea prosecutorial-discretion standard-of-care For more than a decade, the civil standard of care established for the practice of medicine has been utilized by federal prosecutors in criminal prose…
21-6449 Pizarro Thomas v. United States Fifth Circuit 2021-11-30 Denied Response WaivedIFP 4th-amendment criminal-conduct criminal-procedure fourth-amendment law-enforcement-conduct police-policy reasonable-suspicion terry-stop terry-v-ohio warrantless-seizure QUESTION 1 : WAS THERE "REASONABLE SUSPICION" JUSTIFYING PETITIONER'S STOP AND FRISK UNDER TERRY WHEN THE OFFICERS EFFECTING THE "STOP " DID NOT OBSER…
21-6273 Nathan R. Rollins, Jr. v. United States Tenth Circuit 2021-11-15 Denied Response WaivedIFP advisory-sentencing-guidelines booker-standard criminal-conduct criminal-sentencing due-process fifth-amendment preponderance-of-evidence preponderance-of-the-evidence sentencing-guidelines sixth-amendment united-states-v-booker Mr. Rollins plead guilty to single charge of possessing a firearm after conviction of a felony. The offense of conviction resulted in an advisory sent…
21-6034 Clifton James Jackson v. United States Ninth Circuit 2021-10-20 Denied Response WaivedIFP circuit-split criminal-conduct criminal-procedure discovery-violations federal-jurisdiction government-agencies indictment-defect mens-rea rehaif-v-united-states speedy-trial-act 1. After Jackson was charged with and convicted of unlawful firearm possession, this Court overturned near-unanimous circuit authority by holding the …
20-7586 Phillip Blough v. United States Sixth Circuit 2021-03-26 Denied Response WaivedIFP civil-rights criminal-conduct due-process judicial-error jury jury-instructions legal-prejudice right-to-fair-trial trial-by-jury trial-procedure A common-sense extension of the right to a trial by jury is the right to a jury informed of relevant and non-confusing jury instructions. Here, the tr…
20-589 Reed Kirk McDonald v. Eagle County, Colorado, et al. Tenth Circuit 2020-11-03 Denied Response Waived attorney-fees case-conclusion civil-procedure criminal-conduct federal-jurisdiction federal-removal-law judicial-misconduct magistrate-jurisdiction removal state-court state-court-procedure Did the Magistrate for the District of Colorado error in determining that the Bellco and Eagle cases had concluded? Can a state-judge refuse to obey …
20-5122 Maximo Flores-Lezama v. United States Ninth Circuit 2020-07-21 Denied Response WaivedIFP 18-usc-3583(e) criminal-conduct criminal-punishment due-process precedents punishment revocation sentencing statutory-interpretation supervised-release Whether a supervised release revocation sentence may be imposed to punish a defendant for his underlying criminal conduct, or whether a punitive revoc…
19-851 Manuel Lopez-Castro v. United States Eleventh Circuit 2020-01-08 Denied Response Waived actual-innocence constitutional-law criminal-conduct criminal-law habeas-corpus judicial-review legal-precedent precedent procedural-default Does the actual innocence gateway to review of procedurally defaulted habeas claims apply only where new evidence shows the defendant did not commit t…
19-7075 Matthew Rouse v. United States Eighth Circuit 2019-12-27 Denied Response WaivedIFP age-of-consent child-pornography criminal-conduct first-amendment privacy sexual-conduct Whether the child pornography exception to the First Amendment, which is grounded in the long-standing exemption for speech integral to criminal condu…
19-6721 Christopher Ray Parrish v. United States Fourth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-6552 Darrell Tykwan Atkinson v. United States Fourth Circuit 2019-11-07 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-6269 Eduardo Romero Martinez v. United States Fourth Circuit 2019-10-15 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-5036 Craig Alan Toaz v. United States Sixth Circuit 2019-07-02 Denied Response WaivedIFP concurrent-sentences concurrent-sentencing criminal-conduct criminal-procedure federal-convictions habeas-corpus habeas-petition judicial-review procedural-grounds sentencing sentencing-guidelines ussg-5g1.3 I. WHETHER THE DISTRICT AND CIRCUIT COURTS ERRONEOUSLY DISMISSED PETITIONER'S HABEAS PETITION UNDER PROCEDURAL GROUNDS, AND IF SO THEN; II. WHETHER T…
18-927 Emmanuel I. Mekowulu v. United States Eleventh Circuit 2019-01-17 Denied Response Waived constitutional-vagueness criminal-conduct criminal-law criminal-law-procedure due-process ex-post-facto expert-testimony procedural-default standard-of-care vagueness 1. Whether the government's expert's afterthe-fact opinion of the applicable standard of care of Florida Pharmacists is an ex post facto interpretatio…