| 23-6600 |
Richard Daniel v. United States |
Eleventh Circuit |
2024-01-29 |
Denied |
Response WaivedIFP |
circuit-split covered-offense discretionary-sentencing fair-sentencing-act first-step-act sentencing-discretion sentencing-package-doctrine sentencing-reduction |
Where a defendant was sentenced for multiple offenses, some of which are now covered by § 404 of the First Step Act while others are not covered, does… |
| 23-5499 |
Manuel De Jesus Del Cid Bran v. United States |
Fourth Circuit |
2023-08-31 |
Denied |
Response WaivedIFP |
18-usc-3583 abuse-of-discretion criminal-procedure criminal-sentencing deportation discretionary-sentencing sentencing-commission supervised-release |
A district court may not consider retribution when deciding whether to impose a term of supervised release. See Concepcion v. United States, 142 S. Ct… |
| 21-8133 |
Gary L. Boyle v. United States |
Seventh Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
circuit-precedent course-of-conduct criminal-acts criminal-sentencing discretionary-sentencing federal-guidelines guidelines judicial-interpretation same-course-of-conduct sentencing-discretion separate-course-of-conduct united-states-v-booker |
This Court's decisions (as best Boyle can research) have not defined or applied in the discretionary sentencing context, and apart from any Guidelines… |
| 21-7435 |
Ronell Williams v. Kansas |
Kansas |
2022-03-22 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-interpretation discretionary-sentencing jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion youth-characteristics |
Does this Court's decision in Jones v. Mississippi, 593 U. S. ___, ___, 141 S. Ct. 1307, 1320, 209 L. Ed. 2d 390 (2021) mandate that states must stric… |
| 20-7068 |
Jerry Davis v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
civil-rights conspiracy criminal-procedure discretionary-sentencing drug-convictions drug-crimes due-process first-step-act sentencing sentencing-reduction statutory-interpretation |
Whether the 4thCircuit Court of Appeals created a Cirauit split by affiomingthe District
Courts reuson to ceny his motion for a sentence reduction und… |
| 19-720 |
United States v. Riley Briones, Jr. |
Ninth Circuit |
2019-12-06 |
GVR |
Relisted (2) |
constitutional-law criminal-procedure discretionary-sentencing due-process eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment life-without-parole parole sentencing sentencing-discretion |
Whether Miller v. Alabama, which "h[e]ld that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of par… |
| 19-399 |
Barry C. Garcia v. North Dakota |
North Dakota |
2019-09-25 |
Denied |
Response RequestedRelisted (3) |
discretionary-sentencing juvenile-offenses juvenile-offenses-sentencing life-without-parole mandatory-sentencing miller-v-alabama montgomery-v-louisiana parole resentencing-hearing sentencing |
1. Whether the constitutional standard announced in Miller v. Alabama, 567 U.S. 460 (2012),—that sentences of life without the possibility of parole f… |
| 19-336 |
Keith Chester Hill v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-09-12 |
Denied |
Response Waived |
capital-sentencing discretionary-sentencing fifth-circuit glover-v-united-states habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis reasonable-probability sentencing strickland-standard strickland-v-washington |
Whether the court of appeals erred in holding that, to demonstrate that counsel was ineffective at a state, non-capital, discretionary sentencing proc… |
| 19-5128 |
Robert Vincent Salcedo v. United States |
Ninth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
circuit-split direct-appeal discretionary-sentencing discretionary-sentencing-authority non-retroactive-amendment nonretroactive-amendment remand-for-resentencing resentencing retroactivity sentencing-guidelines |
When a non-retroactive amendment to the United States Sentencing Guidelines takes effect after a defendant is sentenced but while his direct appeal is… |
| 18-9123 |
Jovan McClenton v. California |
California |
2019-05-03 |
Denied |
Response WaivedIFP |
discretion due-process eighth-amendment miller-v-alabama sentencing de-novo-resentencing discretionary-sentencing eighth-amendment hallmark-features-of-youth juvenile-offenders juvenile-sentencing miller-factors miller-v-alabama proportionality |
Is de novo resentencing required where lengthy, fully determinate sentences, primarily based on the discretion of the trial court, were imposed on juv… |