drug-crimes
34 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-7654 | Tildren Sherron Hunter v. United States | Fourth Circuit | 2024-06-06 | Denied | Response WaivedIFP | appellate-standard criminal-evidence criminal-law drug-crimes evidence fourth-circuit-review intent intent-to-distribute jury-verdict methamphetamine-possession standard-of-review sufficiency-of-evidence | Whether the Fourth Circuit improperly upheld Mr. Hunter's conviction of possession with intent to distribute methamphetamine where the Government fail… |
| 23-5178 | Bobby Dean Robey v. United States | Eighth Circuit | 2023-07-24 | Denied | Response WaivedIFP | career-offender conspiracy criminal-procedure drug-crimes evidence sentencing | I.WHETHER THERE WAS INSUFFICIENT EVIDENCE THAT MR. ROBEY WAS INVOLVED IN THE "IMPORTATION" OF METHAMPHETAMINE? II.WHETHER MR. ROBEY'S CRIMINAL HISTOR… |
| 22-6391 | Nonami Palomares v. United States | Fifth Circuit | 2022-12-23 | Denied | Amici (1)Relisted (3)IFP | criminal-history drug-crimes drug-offense federal-sentencing mandatory-minimum safety-valve sentencing-guidelines statutory-interpretation | Pursuant to the "safety-valve" provision of the federal sentencing statute, a defendant convicted of certain nonviolent drug crimes can obtain relief … |
| 22-5854 | Willie Ricardo Gordon v. United States | Fourth Circuit | 2022-10-18 | Denied | Response WaivedIFP | appeal criminal-procedure drug-crimes drug-weights fourth-circuit obstruction-of-justice presentence-investigation presentence-investigation-report sentencing | 1. Did the trial court err in accepting the findings of the presentence investigation report, regarding the weights of the drugs attributable to Mr. G… |
| 21-8173 | Vincent Raymond Rios v. United States | Ninth Circuit | 2022-06-17 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure drug-crimes due-process guilty-plea ineffective-assistance ineffective-counsel language-barrier language-rights plea-bargaining | Should the Ninth Circuit have vacated Mr. Rios's guilty plea for lack of a knowing and voluntary waiver of his constitutional rights, for these reason… |
| 21-7957 | Samuel Morales v. United States | Fifth Circuit | 2022-05-24 | Denied | Response WaivedIFP | burden-of-proof circumstantial-evidence conspiracy criminal-law criminal-procedure drug-conspiracy drug-crimes elements-of-crime reasonable-doubt | Whether the government fails to prove the elements of a drug conspiracy beyond a reasonable doubt when it has only circumstantial evidence and that ev… |
| 21-7773 | Eric Middlebrook v. United States | Seventh Circuit | 2022-05-05 | Denied | Response WaivedIFP | consecutive-sentences constitutional-challenge constitutional-law double-jeopardy drug-crimes drug-offense guideline-range mandatory-consecutive-term mandatory-minimum sentencing-enhancement sentencing-guidelines | 1. Does punishing an individual with both a statutory penalty that requires a mandatory consecutive prison term and a Guideline Range enhancement for… |
| 21-7072 | Dontrell R. Wise v. United States | Second Circuit | 2022-02-08 | Denied | Response WaivedIFP | appellate-review burden-of-proof criminal-conviction criminal-procedure drug-crimes drug-dealing due-process expert-testimony sufficiency-of-evidence | 1. A writ of certiorari is requested to determine whether the Second Circuit Court of Appeals erred in affirming Dontrell Wise's conviction which was … |
| 21-6990 | Roger D. Roberts v. United States | Sixth Circuit | 2022-01-28 | Denied | Response WaivedIFP | constitutional-violation criminal-procedure drug-crimes due-process evidence-standard habeas-corpus informant-credibility police-misconduct search-and-seizure state-court-review | How did the prosecutor use evidence of a drug sell allegedly by Mr. Roberts an informant where there was no Us.nq 2 were purchased from Mr. Robert's t… |
| 21-6788 | Bernard Lindsey v. United States | First Circuit | 2022-01-10 | Denied | Response WaivedIFP | appellate-review cell-phone-search cell-phones drug-crimes drug-investigation fourth-amendment probable-cause search-and-seizure search-warrant warrant-particularity | 1. Whether the mere presence of two cell phones in the petitioner Bernard Lindsey's home provided sufficient grounds, under the Fourth Amendment, to s… |
| 21-6427 | Antonio Lorensito Garrido v. United States | Fifth Circuit | 2021-11-24 | Denied | Response WaivedIFP | circuit-split criminal-sentencing drug-crimes mens-rea sentencing-guidelines statutory-interpretation | I. Should this Court resolve a division among the circuit courts regarding whether the two-level enhancement pursuant to U.S.S.G. §2D1.1(b)(5) for the… |
| 21-5595 | Jovan Marquis Harris v. United States | Eighth Circuit | 2021-09-08 | Denied | Response WaivedIFP | burrage-standard burrage-v-united-states causation criminal-law criminal-statute drug-crimes drug-distribution due-process overdose proximate-cause sentencing sentencing-enhancement | 1.) WHETHER, FOR PURPOSES OF TITLE 21 U.S.C. §841(A)(1) AND (B)(1) (C)'S ENHANCED PENALTY "IF DEATH RESULTS " FROM THE USE OF A SUBSTANCE, REQUIRES P… |
| 21-5431 | Jereme Eugene Mackey v. United States | Fourth Circuit | 2021-08-20 | Denied | Response WaivedIFP | conspiracy criminal-procedure drug-conspiracy drug-crimes due-process ineffective-assistance ineffective-counsel pre-trial-custody sentencing sentencing-reasonableness statutory-interpretation | I. WHETHER THE DISTRICT COURT ERRED IN FINDING THE APPELLANT JEREME EUGENE MACKEY GUILTY INASMUCH AS THE GOVERNMENT FAILED TO PROVE AT THE TIME OF ARR… |
| 21-5228 | Dwayne Sheckles v. United States | Sixth Circuit | 2021-07-28 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 4th-amendment criminal-procedure drug-crimes drug-dealing evidence-seizure home-invasion probable-cause residential-searches search-warrant search-warrants | Search warrants are directed at places, not people. To obtain a warrant to enter a person's home, there must be probable cause that evidence of a crim… |
| 21-5077 | Herbert Jonathan Castillo Juarez and Paola Valenzuela Arevalo v. United States | Eleventh Circuit | 2021-07-13 | Denied | Response WaivedIFP | criminal-law criminal-procedure drug-crimes drug-type knowledge-requirement mens-rea rehaif-v-united-states sentencing sentencing-guidelines statutory-interpretation ussg-2d1.1 | Whether the government is required to prove a defendant's mens rea and knowledge with respect to the requisite drug type for penalties under Title 21 … |
| 20-7079 | Lorenzo Liwayne Barnes v. United States | Fourth Circuit | 2021-02-08 | Denied | Response WaivedIFP | appeal-rights criminal-appeal criminal-procedure drug-crimes due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel narcotics-distribution perjury sentencing sentencing-factors | Whether the United States Court of Appeal 4th Circuit violated the United States V McCarthy Rule. Whether the United States Court of Appeal 4th Circu… |
| 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… |
| 20-6837 | Jacob Ray Owens v. United States | Fifth Circuit | 2021-01-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure drug-crimes fact-finding judicial-fact-finding methamphetamine-distribution plea-agreement plea-bargaining sentencing sentencing-guidelines sixth-amendment | Petitioner pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. He admitted to the district court only to possession of … |
| 20-6367 | Kissinger St. Fleur v. United States | Eleventh Circuit | 2020-11-18 | Denied | IFP | appellate-review buyer-seller-transaction cocaine-distribution conspiracy criminal-conspiracy criminal-procedure drug-crimes due-process fair-trial judicial-discretion jury-instruction jury-instructions | Did the district court and the Eleventh Circuit deny Mr. St. Fleur a fair trial when it failed to give buyer-seller instructions to the jury? |
| 19-7341 | Joey D. Wiseman, Jr. v. United States | Sixth Circuit | 2020-01-17 | Denied | Response WaivedIFP | congressional-intent criminal-law drug-crimes drug-felonies drug-policy drug-trafficking due-process equal-protection sentencing sentencing-enhancement statutory-interpretation | Whether this Honorable Court should re-evaluate the inherent inequity in Congress changing the level of the enhancement for prior drug felonies for 21… |
| 19-7335 | Chad Prodoehl v. United States | Sixth Circuit | 2020-01-17 | Denied | Response WaivedIFP | conspiracy criminal-law drug-conspiracy drug-crimes drug-trafficking due-process inchoate-offense inchoate-offenses overt-act sentencing sentencing-enhancement statutory-enhancement statutory-interpretation | As statutorily defined, violating 21 U.S.C. § 846 is an inchoate offense, as it requires no overt act, but is complete upon the agreement. Because of … |
| 19-6849 | Cedric Sharrod Williams v. United States | Fourth Circuit | 2019-12-04 | Denied | Response WaivedIFP | circuit-court-review controlled-substance criminal-law drug-crimes due-process firearm-proximity firearms fourth-circuit sentencing sentencing-enhancement statutory-interpretation | Whether the fourth circuit court of appeals erred in concluding that, despite the controlled substance [heroin] in this matter having been locked in a… |
| 19-6341 | Charles Raymond Stagner v. United States | Eleventh Circuit | 2019-10-22 | Denied | Response WaivedIFP | criminal-intent criminal-procedure drug-crimes due-process evidence-admissibility fifth-amendment intent methamphetamine-possession sentencing sentencing-reduction sufficiency-of-evidence | Whether the Fifth Amendment Guarantees the Petitioner the Right to a Judgment of Acquittal If the Government Fails to Prove the Petitioner Intended to… |
| 18-9422 | Davaus L. McCown v. United States | Eleventh Circuit | 2019-05-24 | Denied | Response WaivedIFP | 4th-amendment controlled-buys criminal-pattern criminal-procedure drug-crimes drug-enterprise drug-sales fourth-amendment ongoing-activity ongoing-criminal-activity probable-cause probable-cause-search search-and-seizure search-warrant stale-information | Probable cause for a search cannot be based on stale information. That is, the evidence sought must be likely to be found in the searched location at … |
| 18-8793 | Larry Burstein v. United States | Eleventh Circuit | 2019-04-11 | Denied | Response WaivedIFP | constitutional-proportionality constitutional-rights criminal-sentencing drug-crimes drug-dealing drug-offense due-process eighth-amendment elderly-defendant elderly-offenders non-violent-crime non-violent-offense sentencing-guidelines supreme-court-precedent | WHETHER A FORTY-EIGHT (48) MONTH PRISON SENTENCE FOR A FIRST TIME NON-VIOLENT, DRUG DEALING, SIXTY-NINE (69) YEAR OLD GRANDFATHER, IS UNREASONABLE, VI… |
| 18-1122 | Alpenglow Botanicals, LLC, et al. v. United States | Tenth Circuit | 2019-02-27 | Denied | Response RequestedResponse WaivedRelisted (2) | 26-usc-280e administrative-determination administrative-determinations administrative-law civil-rights criminal-culpability criminal-law criminal-penalties drug-crimes drug-trafficking due-process irs irs-investigation section-280e standing tax tax-deductions tax-law | 1) Did Congress, under 26 U.S.C. §280E, empower the IRS and its civil auditors to investigate federal drug law crimes and administratively determine w… |
| 18-1054 | Jason Allen Jackson v. United States | Eighth Circuit | 2019-02-12 | Denied | admissibility circuit-split criminal-procedure criminal-prosecution drug-crimes drug-possession due-process evidence evidence-admissibility knowledge-intent prior-conviction prior-convictions | Whether the mere fact of a prior drug possession conviction is admissible to show knowledge and intent in a subsequent drug distribution prosecution. | |
| 18-7737 | Tyshawn Simmons v. United States | Second Circuit | 2019-02-04 | Denied | Response WaivedIFP | constitutional-law controlled-substances-act criminal-procedure drug-crimes due-process federalism sentencing standing statutory-interpretation tenth-amendment | Question not identified. |
| 18-7313 | Lewis Templeton v. United States | Tenth Circuit | 2019-01-08 | Denied | Response WaivedIFP | criminal-procedure drug-crimes firearms sentencing spatial-connection sufficiency-of-evidence u.s.s.g.-2k2.1(b)(6)(b) waiver | Whether the Tenth Circuit correctly concluded that Mr. Templeton had waived his argument that the evidence was insufficient to support increasing Mr. … |
| 18-6518 | Gregory Crum v. United States | Fourth Circuit | 2018-10-31 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure district-court-discretion drug-crimes drug-offense drug-offenses foreign-origin leadership-enhancement methamphetamine relevant-conduct sentencing sentencing-guidelines standard-of-review | I. Whether the district court abused its discretion in determining relevant conduct. 2; Whether Greg Crum should receive a leadership enhancement. 3… |
| 18-6169 | Tracy L. Johnson v. United States | Sixth Circuit | 2018-10-03 | Denied | Response WaivedIFP | 924(c)-statute conspiracy criminal-law criminal-procedure double-jeopardy drug-conspiracy drug-crimes due-process firearm-possession informant-testimony law-enforcement-conduct mandatory-minimum mandatory-sentencing sentencing sentencing-enhancement | Whether a defendant should be subject to a mandatory 25 year consecutive 924(c) sentence for the same drug Conspiracy based on the facts that in a two… |
| 18-6028 | Maurice Baum v. United States | Fourth Circuit | 2018-09-18 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure drug-amount drug-crimes due-process ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sixth-amendment | Was Trial Counsel's failure to object to the District Court's determination and findings of the drug amount attributable to the Petitioner objectively… |
| 18-5332 | Davon Merkiese Kemp v. United States | Sixth Circuit | 2018-07-24 | Denied | Response WaivedIFP | 4th-amendment criminal-procedure drug-crimes drug-trafficking evidence fourth-amendment home-search probable-cause search-and-seizure search-warrant unreasonable-search | Whether a police officer's generalized opinion that drug dealers often keep drugs and other evidence of their trafficking activities in their homes is… |
| 18-5157 | In Re Jose Luis Arevalo | 2018-07-09 | Denied | Response WaivedRelisted (2)IFP | actual-innocence cause-and-prejudice cause-and-prejudice-doctrine certificate-of-appealability drug-crimes due-process eleventh-circuit fifth-amendment jurisdiction money-laundering reasonable-doubt | WHETHER THE DUE PROCESS CLAUSE OF THE FIFTH AMENDMENT WAS VIOLATED IN THE CASE OF AREVALO, BECAUSE HIS PROSECUTION FAILED TO PROVE BEYOND A REASONABLE… |