| 25-5917 |
Thomas Avery Drum v. United States |
Eighth Circuit |
2025-10-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-authority judicial-discretion new-trial-motion rule-33 weight-of-evidence |
When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court's authority to grant a ne… |
| 25-5292 |
John Charles Volungus v. United States |
First Circuit |
2025-08-06 |
Denied |
IFP |
adam-walsh-act civil-commitment conditional-release district-court-authority medical-treatment statutory-interpretation |
1. Whether 18 U.S.C. § 4248(e) and other federal mental health statutes, which authorize the conditional release of a civilly committed persons under … |
| 24-7137 |
In Re Jack Eugene Carpenter, III |
|
2025-05-05 |
Denied |
Response WaivedIFP |
counsel-consultation district-court-authority evidence-preservation jurisdiction legal-representation self-determination |
Does a sid WW Os Sb USES NEA, Creade "discedion "yo ovad tne Distinct
gucts uky ro ensuce yucisdickion exists?
Pre celicious oelwfs oc \oelie€s Cores… |
| 23-5699 |
Jose J. Galiany-Cruz v. United States |
First Circuit |
2023-10-03 |
Denied |
Response WaivedIFP |
compassionate-release criminal-justice criminal-procedure district-court district-court-authority extraordinary-and-compelling-reasons federal-sentencing judicial-discretion sentencing sentencing-guidelines united-states-sentencing-guidelines |
Does a district court have the authority to determine what constitutes "extra ordinary and compelling reasons " warranting compassionate release or ar… |
| 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 … |
| 22-7055 |
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… |
| 22-783 |
Victor J. Orena v. United States |
Second Circuit |
2023-02-17 |
Denied |
Response Waived |
18-usc-3553 18-usc-3582 concepcion-v-united-states district-court-authority extraordinary-and-compelling-circumstances extraordinary-circumstances first-step-act sentence-reduction sentencing sentencing-discretion statutory-interpretation |
In Concepcion v. United States, — U.S. -, 142 S. Ct. 2389, 2404 213 L. Ed. 2d 731 (June 27, 2022), this Court held that the First Step Act "allows dis… |
| 22-5156 |
Wilbert McKreith v. United States |
Eleventh Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
compassionate-release criminal-justice-reform criminal-sentencing district-court-authority first-step-act judicial-authority sentencing sentencing-commission statutory-interpretation |
Do district courts have authority to grant compassionate release under 18 U.S.C. 3582(c)(1)(A), as amended by the First Step Act of 2018, based on a c… |
| 21-8201 |
Judel Espinoza-Gonzalez v. United States |
Ninth Circuit |
2022-06-22 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-waiver constitutional-violation conviction-review criminal-procedure district-court-authority due-process jurisdictional-challenge mandatory-minimum mandatory-sentence sentencing unconstitutional-conviction |
L. A guilty plea that includes an appellate waiver does not bar jurisdictional challenges on appeal. Class v. United States, 138 S. Ct. 798 (2018). Th… |
| 21-7801 |
Richard E. Shreves v. United States District Court for the District of Montana |
Ninth Circuit |
2022-05-09 |
Denied |
IFP |
civil-procedure civil-rights district-court-authority document-access due-process e-filing e-filing-program inmate-rights prison-litigation pro-se-litigant standing statutory-interpretation |
1. Did the District Court exceed its authority when it determined Pro-Se Inmate Litigants, forced to participate in the Montana State Prison E-Filing … |
| 21-1336 |
Jeffrey Olsen v. United States |
Ninth Circuit |
2022-04-07 |
Denied |
Amici (1)Response Waived |
covid-pandemic criminal-procedure district-court district-court-authority due-process judicial-discretion jury-trial-suspension jury-trials pandemic prosecutorial-delay speedy-trial-act |
I. Whether a District Court may dismiss an indictment under the Speedy Trial Act, where the District Court finds that it is possible to hold a jury tr… |
| 21-7471 |
Jacques Hernes Telcy v. United States |
Eleventh Circuit |
2022-03-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
district-court-authority first-step-act first-step-act-2018 habeas-corpus new-judgment resentencing sentencing sentencing-modification statutory-interpretation |
In the course of a "New Judgment " under the First Step Act of 2018 (FSA2018) new imposed sentence, what truly excess the reset clock for habeas corpu… |
| 21-6697 |
Melvin Walker v. United States |
Eleventh Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
anti-terrorism-and-death-penalty-act civil-procedure court-jurisdiction district-court-authority docket-modification due-process habeas-corpus judicial-discretion procedural-default statute-of-limitations statutory-interpretation |
Concerning procedures of the District and Courts of Appeals regarding due process in federal Rules of Civil Procedure Rule 60(b) motions as well as a … |
| 19-307 |
Stuart A. McKeever v. William P. Barr, Attorney General |
District of Columbia |
2019-09-05 |
Denied |
Amici (1)Relisted (2) |
disclosure district-court-authority grand-jury grand-jury-secrecy historical-significance historically-significant inherent-authority judicial-discretion public-interest rule-6(e) rule-6e |
Whether district courts have inherent authority to release grand jury materials in extraordinary circumstances, such as when the case is historically … |
| 19-5518 |
Muamar A. Sayyed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-09 |
Denied |
IFP |
§2254 §2254-petition civil-procedure district-court district-court-authority due-process habeas-corpus judicial-discretion motion-correction procedural-error successive-petitions void-judgment |
DOES THE DISTRICT COURT HAVE THE AUTHORITY TO DISMISS §2254 HABEAS CORPUS PETITION AS SUCCESSIVE WHEN IT WAS CLEARLY NOT SUCCESSIVE?
DID THE DISTRICT… |
| 18-9735 |
Carlton Darden v. United States |
Eighth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-sentencing dillion-v-united-states district-court-authority due-process evidence judicial-discretion judicial-review new-evidence offense-conduct sentencing-guidelines sentencing-modification statutory-interpretation united-states-sentencing-guidelines united-states-v-adams ussg-1b1.10 |
Does 18 USC 3582(c)(2) after Dillion give a district corut authority to make additional finding as to offense conduct attributable to a defendant base… |
| 18-8759 |
Cuauhtemoc Juarez-Aquino v. United States |
Ninth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-sentencing discretion district-court-authority due-process judicial-discretion majority-circuits ninth-circuit sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion to weigh established factors at sentencing, as the Ninth Circuit has held, or wheth… |
| 18-8468 |
Alfredo Mendez v. United States |
Ninth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure discretion district-court-authority due-process federal-courts judicial-discretion sentencing sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion at sentencing to weigh established factors at sentencing, as the Ninth Circuit has … |
| 18-759 |
Matthew D. Sample v. United States |
Tenth Circuit |
2018-12-14 |
Denied |
Amici (3) |
criminal-sentencing district-court district-court-authority district-court-discretion imprisonment income-earning probation restitution sentencing-discretion victim-compensation |
Whether a district court may reduce a prison sentence, or impose a probationary term in lieu of imprisonment, to enable a defendant to earn income to … |
| 18-479 |
Marc Schenkel v. Xyngular Corporation, et al. |
Tenth Circuit |
2018-10-15 |
Denied |
Response Waived |
case-management civil-procedure civil-rights district-court district-court-authority due-process free-speech inherent-authority judicial-discretion pre-litigation-conduct prelitigation-conduct sanctions standing |
Whether a district court's inherent authority to
manage the disposition of cases, including by imposing
sanctions on a party, does not extend to condu… |
| 18-5182 |
Carlton Butler v. United States |
Eleventh Circuit |
2018-07-10 |
Denied |
IFP |
circuit-split count-of-conviction criminal-procedure district-court-authority federal-rules-of-criminal-procedure illegal-sentence reallocation reallocation-of-sentences rule-35 scope-of-judicial-power sentencing split-among-circuits |
Whether Federal Rule of Criminal Procedure 35(a) grants a district court authority to reallocate the illegal portion of a term of imprisonment levied … |