downward-departure
23 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5788 | Kalup Allen Born v. United States | Tenth Circuit | 2025-10-02 | Denied | Response WaivedIFP | acceptance-of-responsibility acquitted-conduct criminal-procedure downward-departure harmless-error sentencing-guidelines | A defendant who "demonstrates acceptance of responsibility" for the offense "shall" be awarded a deduction in the offense level. When a defendant's en… |
| 24-6976 | Domingo Agustin-Simon, aka Pedro Sanchez-Mendez v. United States | Ninth Circuit | 2025-04-11 | Denied | Response WaivedIFP | alien-smuggling arms-length-agreement downward-departure sentencing-guidelines sua-sponte u-s-c-3553 | 1. Is United States Sentencing Guidelines Section 2A4.1(b)(1) (ransom demand) applicable in the context of an arms-length agreement between an alien s… |
| 24-6655 | Raul Hiram Mata-Gardea v. United States | Fifth Circuit | 2025-02-26 | Denied | Response WaivedIFP | almendarez-torres appellate-jurisdiction downward-departure indictment-requirement pre-removal-felony sentencing-guidelines | 1. Whether the Fifth Circuit had appellate jurisdiction to review the district court's denial of a motion for downward departure under the Sentencing … |
| 24-5588 | Deven L. Smith v. United States | Sixth Circuit | 2024-09-20 | Denied | Response WaivedIFP | abuse-of-discretion career-offender criminal-history downward-departure sentencing-factors sentencing-guidelines | QUESTION NO. I: Whether the Sixth Circuit 's decision affirming the judgment of the district court was error, where one of Defendant-Appellant 's pre… |
| 23-7502 | Kevin Day v. United States | Fourth Circuit | 2024-05-17 | Denied | Response WaivedIFP | 4a1.3(b) criminal-history district-court-discretion downward-departure fourth-circuit motion-to-dismiss sentencing-guidelines variance-sentence | I. Whether the District Court abused its discretion by failing to give Mr. Day a variance sentence and a shorter period of incarceration based upon a … |
| 23-5671 | Oscar Hernandez Maldonado v. United States | Fourth Circuit | 2023-09-29 | Denied | Response WaivedIFP | appellate-review criminal-procedure cultural-assimilation downward-departure expert-testimony ineffective-assistance-of-counsel presentence-report sentencing waiver-of-rights | Whether the United States Court of Appeals properly affirmed the trial court's determination that the defendant was denied effective assistance of cou… |
| 22-6128 | Christopher Erwin v. United States | Third Circuit | 2022-11-21 | Denied | Response WaivedIFP | 28-usc-2255 circuit-split cooperation-agreement downward-departure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy section-2255-motion sentencing-guidelines statutory-maximum | 1. Did the Circuit Court err in affirming the district court's decision to deny, without a hearing, Petitioner's motion pursuant to 28 U.S.C. § 2255 b… |
| 22-5466 | Leonard Andrew v. United States | Sixth Circuit | 2022-08-30 | Denied | Response WaivedIFP | significant intellectual deficit and reduced ment criminal-sentencing downward-departure intellectual-deficit judicial-discretion mental-capacity reduced-mental-capacity sentencing sentencing-guidelines USSG-5H1.3 USSG-5K2.13 | Whether a sentencing court must meaningfully address a defendant's request for a downward departure pursuant to USSG §§ 5H1.3 and 5K2.13 when he has a… |
| 22-5454 | Jesus Carreon-Grimaldo v. United States | Fifth Circuit | 2022-08-29 | Denied | Response WaivedIFP | appellate-jurisdiction court-of-appeals discretionary-decision discretionary-decisions downward-departure jurisdictional-label sentencing-guidelines statutory-interpretation subject-matter-jurisdiction | Does the court of appeals have jurisdiction to review the district court's discretionary decision not to depart below the advisory Sentencing Guidelin… |
| 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… |
| 21-7390 | Choya Dwayne Hailey v. United States | Fifth Circuit | 2022-03-16 | Denied | Response WaivedIFP | 5k1.1 5K1.1-motion breach-of-contract criminal-procedure downward-departure government-breach government-discretion plea-agreement sentencing-guidelines | Whether the government breached the supplemental plea agreement when it declined to move for a downward departure under U.S. Sentencing Guidelines Man… |
| 21-6185 | Rodney Smith v. United States | Third Circuit | 2021-11-04 | Denied | Response WaivedIFP | abuse-of-discretion appellate-review criminal-sentencing district-court district-court-discretion downward-departure judicial-discretion sentencing-guidelines | 1. Was the District Court's decision not to depart downward appropriate? |
| 21-6064 | Robert William Knopping v. United States | Ninth Circuit | 2021-10-26 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure district-court district-court-discretion downward-departure government-motion sentencing sentencing-guidelines third-level-reduction u.s.s.g. | Under what circumstances can the district court at sentencing deny the government's motion for a third-level reduction for acceptance of responsibilit… |
| 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? |
| 20-7655 | Lisa Bershan v. United States | Second Circuit | 2021-04-05 | Denied | Response WaivedIFP | circuit-split criminal-procedure downward-departure judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines variances | Should this Court should grant certiorari in order to resolve the following conflict among the circuits: Is a sentencing judge required specifically t… |
| 20-7388 | Alejandro De La Torre v. United States | Fifth Circuit | 2021-03-09 | Denied | Response WaivedIFP | circuit-split criminal-procedure discretionary-review downward-departure due-process sentencing | Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which affirmed the District Court's denial of Mr. D… |
| 20-5292 | Ashvinbhai Chaudhari v. United States | Fifth Circuit | 2020-08-06 | Denied | Response WaivedIFP | criminal-plea criminal-procedure downward-departure fifth-circuit involuntary-plea judicial-procedure plea-bargain plea-bargaining restitution supervisory-powers | Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held Rule 11 of the Federal Rules of Criminal… |
| 19-8193 | John Purifoy v. United States | Fifth Circuit | 2020-04-06 | Denied | Response WaivedIFP | appellate-jurisdiction appellate-review booker booker-decision criminal-procedure downward-departure jurisdiction sentencing sentencing-guidelines substantial-assistance | The United States Court of Appeals for the Fifth Circuit has held that an appellate court does not have the jurisdiction to review the denial of a dow… |
| 19-7851 | Lenin Martinez-Alvarado v. United States | Eleventh Circuit | 2020-03-03 | Denied | Response WaivedIFP | 18-usc-3553 concurrent-sentences criminal-procedure criminal-sentencing district-court downward-departure eleventh-circuit jurisdiction substantive-reasonableness u.s.s.g-§4a1.3 | I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT HELD THAT IT DID NOT HAVE JURISDICTION TO REVIEW THE DISTRICT COURT'S DENIAL… |
| 19-7356 | James H. Griffin v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. | Eleventh Circuit | 2020-01-22 | Denied | Response WaivedIFP | constitutional-claim criminal-procedure downward-departure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review law-enforcement procedural-due-process sentencing sentencing-manipulation | Did the lower federal courts deny Appellant's Brady Petition without affording a full and fair hearing concerning the claim that his counsel was ineff… |
| 18-8299 | Walter Raynard Lingard v. United States | Fourth Circuit | 2019-03-06 | Denied | Response WaivedIFP | allocution-rights appellate-review criminal-procedure criminal-sentencing downward-departure due-process judicial-discretion probation-revocation right-to-allocution sentencing-review | DID THE COURT OF APPEALS ERR IN ITS DETERMINATION THAT THE DISTRICT COURT DID NOT ERR IN DECLINING TO VARY DOWNWARD BASED UPON LINGARD'S STATE PROBATI… |
| 18-7842 | Brian Michael Burton v. United States | Sixth Circuit | 2019-02-07 | Denied | Response WaivedIFP | emotional and physical dominion and control over 5th-amendment confidential-informant downward-departure due-process government-misconduct plea-agreement psychological-control sentencing statutory-minimum-sentence | Whether a downward departure from a statutory minimum sentence is warranted when the abusive tactics of the Government acting in concert with a Confid… |
| 18-5898 | Armando Castillo Valerio v. United States | Eighth Circuit | 2018-09-05 | Denied | IFP | appellate-review booker circuit-split criminal-sentencing downward-departure gall judicial-discretion sentencing-guidelines standard-of-review | WHETHER THIS COURT SHOULD RESOLVE THE SPLIT AMONG THE CIRCUITS REGARDING WHETHER A DISTRICT COURT'S DENIAL OF A MOTION FOR DOWNWARD DEPARTURE IS REVIE… |