downward-variance
13 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-6824 | Hansel Janel Rijo-Guerrero v. United States | First Circuit | 2025-03-21 | Denied | Response WaivedIFP | criminal-procedure downward-variance drug-trafficking sentencing-disparity sentencing-enhancement ussg-guidelines | 1. Did the district court err when it imposed a two-level sentencing enhancement pursuant to USSG § 2D1.1(b)(3)(C) where the Government failed to prov… |
| 23-5055 | Erick De Jesus-Torres v. United States | First Circuit | 2023-07-07 | Denied | Response WaivedIFP | aiding-and-abetting appellate-review downward-variance gall-v-united-states kimbrough-v-united-states meaningful-explanation policy-considerations sentencing-court sentencing-enhancement sentencing-factors sentencing-guidelines | Whether a sentencing court must provide a reasonable explanation, on the record, as to why it is not considering a sentencing factor, particularly an … |
| 22-7138 | Muzammil Ali v. United States | Eighth Circuit | 2023-03-29 | Denied | Response WaivedIFP | criminal-procedure downward-variance due-process fifth-amendment jail-phone-calls motion-for-continuance sentencing sixth-amendment speedy-trial speedy-trial-act | 1. WHETHER THE COURT OF APPEALS ERRED IN AFFIRMING THAT ALI'S FIFTH AND SIXTH AMENDMENT RIGHTS WERE NOT VIOLATED UNDER THE SPEEDY TRIAL ACT. 2. WHETH… |
| 22-6210 | Aaron Michael Crick v. United States | Fourth Circuit | 2022-12-02 | Denied | Response WaivedIFP | appellate-review criminal-procedure criminal-sentencing downward-variance fourth-amendment fourth-circuit judicial-discretion motion-denial reversible-error sentencing | A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. CRICK'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY… |
| 21-8092 | Nicole R. Bramwell v. United States | Eleventh Circuit | 2022-06-08 | Denied | Response WaivedIFP | 18-U.S.C.-3553a 18-usc-3553(a) 18-usc-3661 abuse-of-discretion appellate-review below-guideline-sentence collateral-consequences downward-variance sentencing-guidelines sentencing-review | (1) When a district court commits no procedural error at sentencing – e.g., correctly calculates the guidelines, considers all statutory sentencing fa… |
| 21-7269 | Joseph Peter Clarke v. United States | Eleventh Circuit | 2022-03-04 | Denied | Response WaivedIFP | abuse-of-discretion covid-19 criminal-history downward-variance drug-offenses juvenile-offenses sentencing-factors sentencing-guidelines stash-house-robbery | Issue 1: Whether the appellate court erred affirming the district court's abuse of discretion in overruling petitioner's objections to the PSI Report … |
| 20-7037 | Elias Junior Rodriguez v. United States | Fourth Circuit | 2021-02-04 | Denied | Response WaivedIFP | 5K1.1-motion appellate-review criminal-procedure criminal-sentencing downward-variance government-motion judicial-discretion sentencing sentencing-guidelines U.S.S.G.-5K1.1 | 1. DOES A COURT VIOLATE THIS COURT'S HOLDING IN GALL v. UNITED STATES, 552 U.S. 38 (2007) BY FAILING TO ADEQUATELY EXPLAIN TO WHAT EXTENT THE COURT'S … |
| 20-6724 | Kaseem Alexander v. United States | Eleventh Circuit | 2020-12-30 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 4th-amendment abuse-of-discretion civil-rights criminal-procedure downward-variance due-process gun-range property-rights search-and-seizure sentencing-guidelines standing target-shooting | Issue 1: Whether the appellate court erred in affirming the District Court's abuse of discretion in overruling petitioner's objection to the Presenten… |
| 20-5533 | Gayle McNamara v. United States | First Circuit | 2020-08-27 | Denied | Response WaivedIFP | appeal appellate-review criminal-history district-court-error downward-variance judicial-discretion offense-level sentencing-guidelines standard-of-review | A defendant who has shown that the district court mistakenly deemed applicable an incorrect, higher Guidelines range has demonstrated a reasonable pro… |
| 19-7107 | Joseph Thor Perkins v. United States | Eighth Circuit | 2019-12-30 | Denied | Response WaivedIFP | 18-usc-3553a 3553(a)-factors abuse-of-discretion booker-v-united-states criminal-sentencing downward-variance federal-sentencing-procedure gall-v-united-states judicial-discretion sentencing-discretion sentencing-guidelines statutory-interpretation | Whether a sentencing court can abuse its discretion by not varying downward further based on this Court's decisions mandating that a sentencing court … |
| 19-6650 | Fidel Rios, Jr. v. United States | Eighth Circuit | 2019-11-15 | Denied | Response WaivedIFP | 18-usc-3553a 8th-circuit criminal-procedure criminal-sentencing district-court downward-variance guidelines judicial-discretion life-circumstances sentencing sentencing-factors sentencing-guidelines u-s-code | Whether the 8th Circuit Court of Appeals and District Court for the Southern District of Iowa failed to adequately consider the sentencing factors set… |
| 18-6732 | Myron Gerald Stevens v. United States | Eleventh Circuit | 2018-11-19 | Denied | Response WaivedIFP | advisory-guidelines criminal-sentencing discretion-to-vary downward-variance judicial-discretion procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness | 1. Did the trial court impose a procedurally unreasonable sentence of life imprisonment upon conviction of a first offense, where it applied an incorr… |
| 18-6007 | Valerie Louise Williams v. United States | Fourth Circuit | 2018-09-17 | Denied | Response WaivedIFP | advisory-guidelines appellate-review criminal-procedure downward-variance federal-sentencing federal-sentencing-guidelines judicial-discretion presumption-of-reasonableness sentencing sentencing-guidelines substantive-reasonableness | Whether The Court Should Grant Certiorari to Provide Further Clarification as to the Presumption of Substantive Reasonableness for Downward Variances … |