| 24-6330 |
Michael R. Capps v. United States |
Tenth Circuit |
2025-01-17 |
Denied |
Response WaivedIFP |
appellate-review claim-of-error court-procedure federal-rules-of-criminal-procedure legal-objection preservation-of-issues |
Rule 51(b) of the Federal Rules of Criminal Procedure provides that a "party may preserve a claim of error by informing the court . . . of the action … |
| 24-5191 |
Quentin Veneno, Jr. v. United States |
Tenth Circuit |
2024-07-31 |
Denied |
Response RequestedResponse WaivedRelisted (22)IFP |
constitutional-authority courtroom-closure criminal-procedure federal-rules-of-criminal-procedure intratribal-conduct presley-v-georgia public-trial rule-51(b) rule-51b tribal-sovereignty |
1. Presley v. Georgia, 558 U.S. 209 (2010), held that, before closing the courtroom during a criminal trial, "courts are required to consider alternat… |
| 24-5166 |
Nicholas Joseph v. United States |
Second Circuit |
2024-07-29 |
Denied |
IFP |
abuse-of-discretion circuit-split criminal-procedure federal-rules-of-criminal-procedure impartial-jury newly-discovered-evidence sixth-amendment unconscious-bias voir-dire |
1) Whether this Court should grant Certiorari to address whether a
trial judge, when requested by defense counsel, must voir dire on
implicit or uncon… |
| 24-5133 |
Brian Wright v. United States, et al. |
Ninth Circuit |
2024-07-23 |
Denied |
Response WaivedIFP |
district-court equitable-jurisdiction exceptional-circumstances federal-insurance federal-rules-of-criminal-procedure motion-to-return person ramsden-factors rule-41g standing |
1. Did Federal Insurance Company have standing to file a motion under Fed. R. Crim. P. 41(g) when Federal Insurance Company is not a "person" for Fed.… |
| 24-5028 |
Rafael Cardona, Sr. v. United States |
First Circuit |
2024-07-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure forfeiture good-cause motion-timeliness multiplicity plain-error-review rule-12 waiver |
Before 2014, Rule 12 of the Federal Rules of Criminal Procedure required certain enumerated types of motions to be filed before trial, and stated that… |
| 23-7738 |
Terrill Goods v. United States |
Sixth Circuit |
2024-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-rights due-process federal-rules federal-rules-of-criminal-procedure in-absentia presence sentencing waiver |
1. Whether a defendant who does not clearly and expressly waive his presence at his sentencing hearing may be sentenced in absentia under Fed. R. Crim… |
| 23-7433 |
Gary Allen Kachina v. United States |
Eighth Circuit |
2024-05-09 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure constitutional-law criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure habeas-corpus new-trial standard-of-review |
Question not identified. |
| 23-6759 |
Hia-Keem Don'ae Rice v. United States |
Fourth Circuit |
2024-02-15 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion sentencing supervised-release written-judgment |
Whether Rule 43(a)(3) of the Federal Rules of Criminal Procedure, which requires a defendant to be present at sentencing, permits the sentencing judge… |
| 23-6680 |
Mark Mayo v. United States |
Ninth Circuit |
2024-02-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error rule-52(b) structural-error |
Does a clear or obvious structural error always, or at least ordinarily, require relief under the plain-error standard of Federal Rule of Criminal Pro… |
| 23-6494 |
Lewis Dean Armstrong v. United States |
Ninth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
circuit-split competency-standard competency-to-assist-counsel due-process excusable-neglect federal-rules-of-criminal-procedure new-trial-motion pioneer-factors pioneer-investment-services-co-v-brunswick-associa rule-33 |
This petition is concerned with the denial of a new trial motion under Rule 33(b)(1) of the Federal Rules of Criminal Procedure, filed well after the … |
| 23-6441 |
Marc Hernandez v. United States |
Third Circuit |
2024-01-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure integrity-of-courts judicial-integrity plain-error structural-error substantial-rights |
1. The district court excluded the public, including family members, from the
courtroom for the entirety of jury selection. Petitioner's counsel faile… |
| 23-6298 |
Chet Smith v. Cook County, Illinois |
Seventh Circuit |
2023-12-18 |
Denied |
IFP |
criminal-charges federal-rules-criminal-procedure federal-rules-of-criminal-procedure fifth-amendment government-non-compliance grand-jury oath-requirement panel-defendant procedural-due-process rule-3 void-complaint void-indictment |
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Whefhec ids -deems do
bill, \/ioU-Ves dhe Fi^-^rb
cjCani dur^ of
inoA Procedure,\, VJheFVieC
VO-V… |
| 23-537 |
Faisal Ashraf, aka Sal v. United States |
Ninth Circuit |
2023-11-20 |
Denied |
Amici (1) |
appeal-waiver circuit-split computer-fraud-and-abuse-act criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure plea-agreement |
Whether the federal courts of appeals can refuse to consider a challenge to the sufficiency of the factual basis for a guilty plea when the plea agree… |
| 22-7822 |
Darwin Powell v. United States |
Fifth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 sentencing standard-of-review withdrawal withdrawal-of-guilty-plea |
Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the "fair and just… |
| 22-7566 |
Byron Keith Howard v. United States |
Fourth Circuit |
2023-05-16 |
Denied |
Response WaivedIFP |
automatic-right-to-withdraw criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-colloquy right-to-be-informed rule-11 voluntary-plea |
Must a defendant be informed at the Rule 11 plea colloquy of a factual basis to support the defendant's plea of guilty before the court can accept the… |
| 22-7386 |
Louis McIntosh, aka Lou D v. United States |
Second Circuit |
2023-04-27 |
Judgment Issued |
Amici (2)IFP |
appellate-courts commerce-clause criminal-forfeiture federal-jurisdiction federal-rules-of-criminal-procedure federalism interstate-commerce jurisdiction rule-32.2 sentencing-procedure statutory-interpretation |
1. Whether a district court may enter a criminal forfeiture order outside the time limitations set forth in Rule 32.2, Fed.R.Crim.P.?
2. Is the theft… |
| 22-7272 |
Christopher Ernest Martinez v. United States |
Fifth Circuit |
2023-04-13 |
Denied |
Response WaivedIFP |
criminal-procedure elements-of-crime factual-basis federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 sufficiency-of-evidence united-states-supreme-court |
Where the record identifies no conduct that matches the clearly established and uncontested elements of the crime of conviction, is the district court… |
| 22-7130 |
Timothy Fletcher v. United States |
First Circuit |
2023-03-28 |
Denied |
Response WaivedIFP |
booker-decision criminal-procedure district-court-notice federal-rules federal-rules-of-criminal-procedure judicial-discretion mandatory-guidelines notice-requirement sentencing sentencing-guidelines united-states-v-booker |
Whether this Court's elimination of the mandatory sentencing guidelines pursuant to United States v. Booker, 543 U.S. 220 (2005) has rendered Fed. R. … |
| 22-7116 |
In Re Ramone L. Wright |
|
2023-03-27 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plea-agreement plea-bargaining rule-11 rule-52 |
1D cen a prosecutorenter additionc chorses in
an indictment withoot the added counts bang Superceded
or returned by the Grand Jry while cnder oxith
of… |
| 22-827 |
Carlos Herrera, Daniel Sanchez, and Anthony Ray Baca v. United States |
Tenth Circuit |
2023-03-01 |
Denied |
|
commerce-clause constitutional-challenge criminal-procedure federal-rules-of-criminal-procedure jurisdiction jurisdictional-challenge post-trial-motion rule-12 waiver |
Whether, under Federal Rule of Criminal Procedure 12, Petitioners were permitted to bring a facial constitutional challenge to their statute of convic… |
| 22-6845 |
Jesus Lopez v. United States |
Seventh Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment judicial-interpretation legal-procedure plea-bargaining rule-11 seventh-circuit |
Whether the Seventh Circuit's stringent application of Rule 11(d)(2)(B) violates due process? |
| 22-6636 |
Mostafa Kamel Mostafa v. United States |
Second Circuit |
2023-01-27 |
Denied |
Response WaivedIFP |
criminal-procedure defense-counsel federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence post-trial-motion rule-33 |
1. Whether a claim of ineffective assistance of counsel may be raised under Rule 33(b)(1) of the Federal Rules of Criminal Procedure?
2. Whether the … |
| 22-6543 |
Miguel Angel Mota v. United States |
Ninth Circuit |
2023-01-17 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 structural-error |
Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 22-6393 |
Xavier Milton Earquhart v. United States |
Fourth Circuit |
2022-12-27 |
Denied |
Response WaivedIFP |
due-process fair-trial federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-review mandate-rule motion-to-dismiss sixth-amendment standing subject-matter-jurisdiction |
If subject matter jurisdiction does not affirmatively appear in the record, is the judgement valid?
Does the court have an obligation to determine wh… |
| 22-6348 |
Douglas James Schneider v. United States |
Eighth Circuit |
2022-12-20 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-procedure federal-rules-of-criminal-procedure plain-error procedural-violation rule-11 substantial-rights waiver |
Whether the court of appeals erred in holding the failure to object to the violation of Rule 11(c)(1) provides dispositive evidence that the violation… |
| 22-274 |
Steven Donziger v. United States |
Second Circuit |
2022-09-22 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (8) |
appointments-clause criminal-contempt criminal-procedure executive-power federal-rules-of-criminal-procedure interbranch-appointments judicial-power separation-of-powers special-prosecutor |
In Young v. United States ex rel. Vuitton et Fils
S.A., 481 U.S. 787 (1987), this Court endorsed the
practice of appointing private lawyers to try cri… |
| 22-5599 |
Denzell Russell v. United States |
Sixth Circuit |
2022-09-16 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-split circuit-split criminal-procedure due-process federal-criminal-procedure federal-rules-of-criminal-procedure judicial-interpretation plain-error plain-error-review standard-of-review statutory-interpretation |
1. Is the Sixth Circuit's application of plain error review under Fed. R. Crim. P. 52(b) in conflict with this Court's decisions?
2. Have the courts … |
| 22-5567 |
Lamar Harris v. United States |
Eighth Circuit |
2022-09-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion plain-error plain-error-review sentencing sentencing-waiver waiver |
1. The question presented is whethe r sentencing issue is waived where the
Defendant raises, but drops an issue as part of a sentencing or subject to… |
| 22-5540 |
David Villegas Pereznegron v. United States |
Fifth Circuit |
2022-09-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure judicial-proceedings plain-error-review right-to-allocution sentencing sentencing-allocution substantial-rights |
Whether the plain and prejudicial denial of the right to allocution is an error that ordinarily warrants correction under the fourth prong of plain-er… |
| 22-5529 |
Anthony H. Lett v. United States |
Sixth Circuit |
2022-09-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure ineffective-assistance rehaif-standard rehaif-v-united-states standing |
1. Did. Court of appeals error when denying Petitioner's
Rehaif v.: United States , 139 S.Ct. 204.
2. Was Petitioner 's ineffective assistance claim … |
| 22-5400 |
Maurice D. Bell v. United States |
Eighth Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure judicial-discretion plain-error-review preservation-of-error procedural-error sentencing sentencing-procedure |
Whether an appellate court errs under Fed. R. Crim. P. 51 by applying plain error review to a claim of procedural error brought to the sentencing judg… |
| 21-8033 |
Jesus Francisco Fernandez v. United States |
Tenth Circuit |
2022-06-02 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure fourth-amendment good-cause plain-error plain-error-review pretrial-motions |
Federal Rule of Criminal Procedure 12(c)(3) provides that certain pretrial motions are "untimely" if not raised by the deadline set by the district co… |
| 21-7876 |
Matthew Alexander, III v. United States |
Tenth Circuit |
2022-05-16 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure motion-to-suppress plain-error suppression-motion waiver |
When a defendant files a motion to suppress, then raises a new argument to support suppression in the court of appeals, is the new argument waived abs… |
| 21-7866 |
Carlos Alberto Zamudio v. United States |
Fifth Circuit |
2022-05-13 |
Denied |
Response WaivedIFP |
appellate-jurisdiction appellate-review criminal-procedure federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standard-of-review withdrawal withdrawal-of-guilty-plea |
Whether the courts of appeals, by creating checklists of considerations for the district courts to follow, have improperly narrowed the "fair and just… |
| 21-7648 |
Luis Fernando Ceja, aka Chako v. United States |
Ninth Circuit |
2022-04-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure due-process federal-rules-of-criminal-procedure foreign-citizen foreign-defendant jury-trial jury-trial-waiver oral-colloquy rule-23 waiver |
Whether courts may decline to enforce the plain language of Federal Rule of Criminal Procedure 23(a) requiring that a waiver of jury trial be in writi… |
| 21-7645 |
Alimamy Barrie v. United States |
Fourth Circuit |
2022-04-18 |
Denied |
Response WaivedIFP |
criminal-procedure federal-appeals federal-rules-of-criminal-procedure judicial-review plain-error procedural-default re-sentencing sentencing sentencing-guidelines successive-filing |
Should an Error be Corrected in a Motion under Federal Rules of Criminal Procedure Rule 52b, when the Conditions of US v. Olano are met, even if the I… |
| 21-1319 |
Mark Nordlicht and David Levy v. United States |
Second Circuit |
2022-04-04 |
Denied |
Amici (1) |
credibility criminal-procedure discretion district-court-discretion evidence-weighing federal-rules-of-criminal-procedure jury-verdict new-trial new-trial-motion rule-33 standard-of-review witness-credibility |
Whether district courts have discretion to weigh the evidence, including the credibility of witnesses, when deciding to grant a new trial under Rule 3… |
| 21-7445 |
Juniel B. Rios v. United States |
Eleventh Circuit |
2022-03-24 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-law criminal-procedure due-process federal-rules-of-criminal-procedure procedural-due-process sentencing sentencing-guidelines substantive-reasonableness upward-variance |
1. Whether Constitutional Due Process requires that Irizarry v. United States, 553 U.S. 708 (2008) that limited the Notice requirement in Fed.R.Crim.P… |
| 21-7353 |
Alejandro Chavarria v. United States |
Fifth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure federal-rules-of-criminal-procedure government-estoppel judicial-error plea-agreement rule-32 sentencing |
1. Whether a trial judge's erroneous FED. R. CRIM. P. 32(j)(1)(B) advice regarding the defendant's right to appeal his sentence, and the Government's … |
| 21-7183 |
Ruth Diaz-Burgos v. United States |
Eleventh Circuit |
2022-02-23 |
Denied |
Response WaivedIFP |
criminal-procedure district-court federal-rules-of-criminal-procedure fifth-amendment interrogation plea-bargaining plea-colloquy self-incrimination |
The district court, in conducting a change of plea hearing, failed to advise Petitioner of her right to be free from compelled self-incrimination befo… |
| 21-7116 |
Victor Armando Acevedo v. United States |
Ninth Circuit |
2022-02-15 |
Denied |
IFP |
criminal-law criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure federal-rules-of-criminal-procedure judicial-procedure notice sentencing supervised-release |
Whether, under Federal Rule of Criminal Procedure 43(a)(3), a district court can lawfully impose the thirteen "standard" supervised-release conditions… |
| 21-6955 |
Erica Umbay v. United States |
Ninth Circuit |
2022-01-25 |
Denied |
Response WaivedIFP |
appeal-rights criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel interstate-commerce plea-bargaining plea-withdrawal sentencing-guidelines |
Whether a Criminal Defendant Can Withdraw a Plea Under Federal Rule of Criminal Procedure 11(b)(3) if the Plea Lacked an Adequate Factual Basis?
Whet… |
| 21-6652 |
Salatheo Fluid v. United States |
Fourth Circuit |
2021-12-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion attorney-representation criminal-procedure district-court federal-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion jurisdiction legal-standing motion-for-new-trial |
WHETHER THE LOWER COURTS ABUSED THEIR RESPECTIVE DISCRETION BY DISMISSING PETITIONER'S MOTION FOR A NEW TRIAL (Fed.R.Crira.P. 33(b)), BASED ON A MOTIO… |
| 21-6123 |
Antonio Rene Martinez v. United States |
Ninth Circuit |
2021-11-01 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 sentencing structural-error |
Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 21-6004 |
Olufolajimi Abegunde v. United States |
Sixth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
circuit-split conspiracy-charges criminal-procedure due-process federal-rules-of-criminal-procedure indictment indictment-allegations rule-8-joinder venue venue-impropriety |
In determining the propriety of Joinder of offenses and/or defendants under Rule 8 Federal Rules of Criminal Procedure, there is a profound circuit sp… |
| 21-5844 |
James Malcolm Hale v. United States |
Fourth Circuit |
2021-10-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-disposition federal-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-discretion pretrial-motion pretrial-motions procedural-waiver waiver |
Whether, in a federal criminal prosecution, a defendant who has not reserved in writing his right to appellate court review of an adverse determinatio… |
| 21-5641 |
Conoly Freddie Franklin, III, and Andre Anthony Franklin, aka Tommy Martin v. United States |
Ninth Circuit |
2021-09-10 |
Denied |
Response WaivedIFP |
charging-document circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure good-cause judicial-review plain-error plain-error-review sufficiency |
Does Federal Rule of Criminal Procedure 12(b)(3) bar reviewing the sufficiency of a charging document absent a showing of good cause as the Ninth Circ… |
| 21-288 |
Lancy White, Jr. v. United States |
Eleventh Circuit |
2021-08-26 |
Denied |
Response Waived |
computer-forensics criminal-procedure cronic-standard e-mail-evidence email-manipulation expert-testimony federal-rules-of-criminal-procedure ineffective-assistance ineffective-assistance-of-counsel missing-evidence strickland-standard |
1. Whether under the Strickland standards of deficient performance and prejudice, trial counsel was ineffective by failing to file a proper notice und… |
| 21-5489 |
Jerris M. Blanks v. United States |
Eighth Circuit |
2021-08-26 |
Denied |
IFP |
circuit-conflict criminal-procedure federal-rules-of-criminal-procedure federal-rules-of-evidence good-cause judicial-discretion plea-bargaining plea-offer prejudicial-evidence pretrial-motion |
1. Whether, in direct conflict with decisions of other circuits, the Eighth Circuit correctly held that under Fed. R. Crim. P. 12(c), a defendant who … |
| 21-5340 |
Gerald Allen Hiler v. United States |
Ninth Circuit |
2021-08-11 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing |
Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the… |
| 20-8189 |
Heather Dawn Griffith v. United States |
Fifth Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
controlled-substance controlled-substances criminal-procedure drug-distribution federal-rule federal-rules-of-criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation |
Whether, in a prosecution under 21 U.S.C. § 846, Federal Rule of Criminal Procedure 11(b)(3) requires a statement sufficient to show an agreement to d… |
| 20-7372 |
Terry Lee Ockert, Jr. v. United States |
Tenth Circuit |
2021-03-09 |
Denied |
Amici (2)Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error rule-12 rule-52 suppression-motion |
Whether, under current Rule 12, after a defendant has made a timely motion to suppress evidence that did not include a particular argument, should the… |
| 20-7250 |
Eunice Husband v. United States |
Seventh Circuit |
2021-02-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel judicial-bias plain-error supervised-release united-states-constitution |
The fortcommitted Federal hule of Criminal Procedure 52 (b) Plain Error
I. Bias and Abandonment of judicial role by Distict Judge
Appellate Court fa… |
| 20-7199 |
Maurice Duncan Burks v. United States |
Sixth Circuit |
2021-02-22 |
Denied |
Response WaivedIFP |
appellate-review due-process federal-rules-of-criminal-procedure motion-for-new-trial new-trial standard-of-review trial-court-discretion witness-credibility |
Whether Using a Different, More Stringent, Standard of Review When a Trial Court Grants a Motion for New Trial than Utilized When a Trial Court Denies… |
| 20-924 |
David G. Bowser v. United States |
District of Columbia |
2021-01-11 |
Denied |
Response Waived |
18-usc-1001 criminal-concealment dismissal-with-prejudice false-statement federal-rules-criminal-procedure federal-rules-of-criminal-procedure judgment-of-acquittal legal-duty material-fact motion-for-judgment-of-acquittal |
Whether the legal duty to disclose, required for a criminal concealment of a material fact, 18 U.S.C. § 1001(a)(1), can be created by coupling a volun… |
| 20-5816 |
Jose Antonio Acevedo-Lemus v. United States |
Ninth Circuit |
2020-09-25 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure good-cause plain-error probable-cause search-warrant suppression-motion waiver |
1. When a defendant raises a new theory on appeal in support
of a suppression motion filed in district court—in this case, a
lack of probable cause fo… |
| 20-5692 |
Johnathon Nico Wise v. United States |
Fifth Circuit |
2020-09-14 |
Denied |
Response WaivedIFP |
criminal-procedure error-preservation federal-rules-of-criminal-procedure fifth-circuit judgment-of-acquittal legal-motion preservation-of-error rule-29 standard-of-review sufficiency-of-evidence |
Whether specific grounds must be identified in a Rule 29 motion for judgment of acquittal to preserve error? |
| 20-5639 |
TJ Cain, aka Thomas J. Cain v. United States |
Tenth Circuit |
2020-09-09 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules federal-rules-of-criminal-procedure involuntary-confession miranda-rights plain-error pretrial-motion suppression-of-evidence |
When a criminal defendant does not timely file a pretrial motion raising a claim covered by Federal Rule of Criminal Procedure 12(b)(8), is his claim … |
| 20-5300 |
Victor Santana-Gonzalez v. United States |
First Circuit |
2020-08-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure judicial-error plain-error sentencing sentencing-procedure |
Does plain error apply to Federal Rule of Criminal Procedure Rule 32(i)(4)(a)(ii) when the error is caused by the sentencing court |
| 20-5192 |
Scott Allan Moser v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. |
Eleventh Circuit |
2020-07-31 |
Denied |
IFP |
appellate-counsel federal-rules-of-criminal-procedure habeas-corpus ineffective-assistance-of-counsel invited-error-doctrine martinez-framework martinez-v-ryan procedural-default sixth-amendment |
Under the Sixth Amendment, are procedurally defaulted claims of ineffective assistance of appellate counsel excusable under the framework established … |
| 20-5239 |
Junior Griffin v. United States |
Second Circuit |
2020-07-31 |
Denied |
Response WaivedIFP |
bad-faith criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure government-misconduct joinder severance |
1. Whether courts must consider allegations of "bad faith" by the government when deciding motions to join counts pursuant to Fed. R. Crim. P. 8(a), o… |
| 20-5216 |
Brent Anderson v. United States |
Fifth Circuit |
2020-07-30 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure davis-v-united-states fact-review federal-rule-criminal-procedure federal-rules-of-criminal-procedure gvr judicial-procedure plain-error questions-of-fact standard-of-review |
Are questions of fact cognizable on plain error review under Federal Rule of Criminal Procedure 52(b)? [Petitioner requests GVR in light of Davis v. U… |
| 19-8902 |
Rafael Antonio Patino-Villalobos v. United States |
Eleventh Circuit |
2020-07-06 |
Denied |
Response WaivedIFP |
acknowledgement criminal-procedure defense-counsel district-court federal-rules-of-criminal-procedure invited-error legal-doctrine procedural-waiver rule-52(b) sentencing |
Whether defense counsel's acknowledgement of the district court's statement during sentencing constitutes an affirmative, intentional, deliberate, and… |
| 19-1432 |
Charles Rainer Sinek v. United States |
Second Circuit |
2020-06-29 |
Denied |
Response Waived |
appeal criminal-procedure due-process federal-rules-of-criminal-procedure jury-instructions prejudice rule-30 summation |
When a district court violates Fed. R. Crim. P. 30 and delivers a jury instruction different than what the parties were told to expect, must a defenda… |
| 19-8829 |
Anastasia Purnell v. United States |
Ninth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure judicial-interpretation pro-se rule-of-law standing |
SHOULDENT A COURT BE HELD RESPONSIBLE FOR ITS ABUSE OF DESCRETION WHEN IT FAILS TO
FOLLOW THE RULE OF LAW AS IT IS WRITTEN???
SHOULDENT A RULE OF LA… |
| 19-1328 |
Department of Justice v. House Committee on the Judiciary |
District of Columbia |
2020-06-01 |
Judgment Issued |
Amici (1)Relisted (2) |
criminal-procedure federal-rules federal-rules-of-criminal-procedure grand-jury impeachment impeachment-trial judicial-proceeding legislative-body rule-6(e) rule-interpretation |
Whether an impeachment trial before a legislative body is a "judicial proceeding" under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure. |
| 19-8411 |
Charles Burton v. United States |
Sixth Circuit |
2020-05-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment harmless-error sixth-amendment structural-error |
1. Whether mailing a verdict to a criminal defendant through his counsel in violation of the Fifth Amendment, Sixth Amendment and Federal Criminal Rul… |
| 19-8385 |
Enrique Lopez Quintero v. United States |
Ninth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
career-offender criminal-procedure federal-rules-of-criminal-procedure hughes-v-united-states plea-agreement sentence-reduction sentencing-guidelines type-c-agreement |
l.Is a sentence imposed pursuant to a Type-C agreement, Fed. R. Crim. P. 11(c)(1)(C), is based on the defendant's United States Sentencing Guidelines … |
| 19-8228 |
Kirk Russell Marsh v. United States |
Fourth Circuit |
2020-04-09 |
Denied |
Response WaivedIFP |
claims-processing criminal-procedure direct-appeal equitable-tolling federal-rules-of-criminal-procedure judicial-procedure mandatory-claims-processing-rule procedural-error unique-circumstances |
Whether a trial court's violation of Federal Rule of Criminal Procedure 32(j)(1)
is subject to redress on direct appeal.
II.
Whether an untimely crim… |
| 19-8020 |
Walter Freeman Jordan, III v. United States |
Fifth Circuit |
2020-03-17 |
Denied |
Response WaivedIFP |
aiding-and-abetting criminal-procedure evidence-admission federal-rules-of-criminal-procedure federal-rules-of-evidence fifth-circuit harmless-error hearsay hearsay-evidence standard-of-review |
I. On Appeal WALTER JORDAN argued that the erroneous admission of hearsay evidence that he was the brother of one of the co-defendants caught leaving … |
| 19-7782 |
Stephen Mayer v. United States |
Eleventh Circuit |
2020-02-26 |
Denied |
Response WaivedIFP |
absolute-immunity contempt-of-court-18-usc-401 contempt-proceedings criminal-procedure criminal-procedure-42-a-2 federal-jurisdiction federal-jurisdiction-28-usc-1331 federal-rules-of-criminal-procedure government-misconduct immunity judicial-immunity statutory-interpretation |
I.
WHETHER THE ELEVENTH CIRCUIT'S OPINION DECLINING JURISDICTION
OVER CONTEMPT PROCEEDINGS UNDER 18 U.S.C. §401, VIOLATES FEDERAL
RULES OF CRIMINAL P… |
| 19-7722 |
Audrel Jack Watson, Jr. v. Virginia |
Virginia |
2020-02-21 |
Denied |
Response WaivedIFP |
civil-procedure civil-rights constitutional-violations criminal-appeals due-process federal-procedural-rules federal-rules-of-civil-procedure federal-rules-of-criminal-procedure standing state-court-rules state-statutes statutory-interpretation supreme-court-error |
ARE ALL STATES MANDATED BY ANY U.S. PROVISIONS TO COMPLY WITH FEDERAL RULES OF CRIMINAL PROCEDURE RULE 11 BY ADOPTING THEIR OWN SIMILAR OR IDENTICAL R… |
| 19-7685 |
Dominic Lindsey v. United States |
Fifth Circuit |
2020-02-18 |
GVR |
IFP |
appellate-review criminal-procedure factual-determination factual-errors federal-rule-criminal-procedure federal-rules federal-rules-of-criminal-procedure judicial-error plain-error plain-error-review precedent sentencing standard-of-review |
Does plain-error review under Federal Rule of
Criminal Procedure 52(b) include factual errors? |
| 19-7568 |
Theodore Michael Brewster v. United States |
Fifth Circuit |
2020-02-05 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-interpretation discretionary-review federal-rules-criminal-procedure federal-rules-of-criminal-procedure fifth-circuit legal-procedure rule-11 supervisory-powers supreme-court-precedent united-states-court-of-appeals |
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… |
| 19-7539 |
Shamir Kane v. United States |
Third Circuit |
2020-02-04 |
Denied |
Response WaivedIFP |
criminal-indictment criminal-procedure criminal-procedure-joinder federal-rules-of-criminal-procedure federal-rules-of-evidence hobbs-act joinder severance witness-tampering |
1. Did the Court of Appeals err in upholding the District Court's joinder, under Fed. R. Crim. P. 8, of counts in an indictment related to one Hobbs A… |
| 19-7512 |
Jose Luis Urias-Marquez v. United States |
Fifth Circuit |
2020-01-31 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-interpretation rule-11 supervisory-powers united-states-court-of-appeals united-states-v-lee |
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… |
| 19-7454 |
Kenneth James Barfield v. United States |
Fifth Circuit |
2020-01-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure criminal-procedure-rule-32 due-process federal-rules federal-rules-of-criminal-procedure fifth-circuit gall-v-united-states guidelines preponderance-of-evidence presentence-report sentencing sentencing-guidelines united-states-v-watts |
According to Gall v. United States, 552 U.S. 38 (2007), every federal criminal sentencing must begin with a correctly calculated Guidelines range. Sen… |
| 19-7235 |
Trevon Gross v. United States |
Second Circuit |
2020-01-09 |
Denied |
Response WaivedIFP |
daubert due-process federal-rules-of-criminal-procedure federal-rules-of-evidence hearsay prosecutorial-discretion |
1. Should the Government be able to convert an expert witness into a summary witness by supplying one of several possible accounting methodologies, an… |
| 19-7189 |
Kevin D. Moore v. United States |
Fifth Circuit |
2020-01-08 |
Dismissed |
Response WaivedRelisted (2)IFP |
bias civil-rights criminal-indictment due-process federal-procedure federal-rules-of-criminal-procedure judicial-bias judicial-misconduct judicial-recusal prosecutorial-misconduct recusal standing |
1) Did the United States District Court (USDC) judge Reed Charles O'Connor abuse his discretion when he refused to recuse himself/ in violation of the… |
| 19-7201 |
Casey Lee Jones v. United States |
Fifth Circuit |
2020-01-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review due-process federal-criminal-procedure federal-rules-of-criminal-procedure rule-11 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… |
| 19-7180 |
Rafael Leonhard Wolfga Beier v. United States |
Ninth Circuit |
2020-01-06 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rules-of-criminal-procedure mental-impairment motion-for-new-trial newly-discovered-evidence post-conviction-relief rule-33 standard-of-review standards-for-new-trial trial-standard |
1. Does a criminal defendant's discovery of a recognized mental impairment after conviction at trial constitute newly discovered evidence under Federa… |
| 19-7161 |
Aaron Michael Murray v. United States |
Eleventh Circuit |
2020-01-03 |
Denied |
Response WaivedIFP |
burden-of-proof constitutional-protections criminal-procedure federal-rules federal-rules-of-criminal-procedure guilty-plea guilty-plea-withdrawal ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-bargaining plea-colloquy sentencing withdrawal-of-plea |
Whether third-party affidavits filed with a motion to withdraw a guilty plea before sentencing, claiming ineffective assistance of counsel, overcomes … |
| 19-6905 |
John Alan Conroy v. Cliff Harris, Sheriff, Pecos County, Texas, et al. |
Texas |
2019-12-11 |
Denied |
Response WaivedIFP |
appellate-court-consideration-of-evidence appointment-of-counsel brady-v-maryland brady-violation continuing-duty-of-federal-government criminal-procedure discovery discovery-rules dismissal-with-prejudice due-process evidence-withholding federal-rules-of-criminal-procedure in-camera-review michael-morton-act plea-agreement plea-bargaining rule-16-federal-rules-of-criminal-procedure state-law-enforcement state-law-enforcement-compliance |
(1) After a. criminal defendant's plea of guilty, if it is later
found that the government did not live up to the requirements
- of discovery, is the… |
| 19-6890 |
Kevin Lamont Pearson v. United States |
Tenth Circuit |
2019-12-10 |
Denied |
Response WaivedIFP |
district-court due-process federal-rules-of-criminal-procedure final-revocation-hearing magistrate-judge probable-cause procedural-review revocation-hearing rule-32.1 standing |
Does the plain text of Rule 32.1 of the Federal Rules of Criminal Procedure bar a district court from considering an alleged violation at a final revo… |
| 19-6825 |
Jorge Guerrero v. United States |
Ninth Circuit |
2019-12-04 |
Denied |
IFP |
appellate-review criminal-procedure federal-rules federal-rules-of-criminal-procedure good-cause plain-error pretrial-motions rule-12 rule-52 suppression-motion |
Federal Rule of Criminal Procedure 12(c)(3) provides that certain pretrial motions are "untimely" if not raised by the deadline set by the district co… |
| 19-665 |
John Doe v. United States |
Fifth Circuit |
2019-11-25 |
Denied |
Response WaivedRelisted (2) |
18-usc-3553 18-usc-3553a criminal-procedure district-court district-court-discretion federal-rules-of-criminal-procedure rule-35 rule-35b sentence-reduction sentencing sentencing-factors substantial-assistance |
1. May a district court deny a government's Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence based on substantial assistance … |
| 19-6674 |
Margarita Mora v. United States |
Fifth Circuit |
2019-11-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-conflict circuit-split criminal-procedure discretionary-review due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure rule-11 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… |
| 19-6572 |
Derrick Hills v. United States |
Sixth Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
civil-procedure civil-proceeding coram-nobis criminal-matter federal-criminal-matter federal-rules-of-criminal-procedure jurisdiction jurisdiction-challenge united-states-v-morgan |
Whether Rule 12(b)(2) of the Federal Rules of Criminal Procedure is applicable to coram nobis civil proceedings that challenge jurisdiction in a feder… |
| 19-6471 |
Diego Alonso Lozano-Perez v. United States |
Ninth Circuit |
2019-11-01 |
Denied |
Response WaivedIFP |
constitutional-determination constitutional-law constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure guilty-plea plea-bargaining rule-11 standing voluntariness voluntary-plea |
Whether the Court made the Constitutionally required determination that the guilty plea was truly voluntary, whereas it failed to comply with the rigi… |
| 19-6202 |
Manuel Rodriguez-Santana v. United States |
First Circuit |
2019-10-10 |
Denied |
Response WaivedRelisted (2)IFP |
affidavit constitutional-procedure criminal-complaint criminal-procedure federal-rules-of-criminal-procedure fifth-amendment fourth-amendment magistrate magistrate-review probable-cause |
No. 1 Whether the District Court Violated the Fourth and Fifth Amendment; Federal jlule Criminal Procedure(Rules 3-4) When it Accepjted; an Accusation… |
| 19-6086 |
Luis Alberto Torres v. United States |
Ninth Circuit |
2019-09-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burden-of-proof circuit-conflict criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure harmless-error sentencing sentencing-error standard-of-review |
In recent years, the Court has granted certiorari to clarify how the plain-error standard of review applies to unpreserved claims of sentencing error.… |
| 19-6033 |
Christopher Johnson v. United States |
Ninth Circuit |
2019-09-24 |
GVR |
IFP |
claim-preservation claim-preservation-yee-v-city-of-escondido crime-of-violence federal-rule-criminal-procedure federal-rule-of-criminal-procedure-32 federal-rules-of-criminal-procedure moncrieffe-v-holder ninth-circuit rehaif-standard rehaif-v-united-states sentencing sentencing-guidelines yee-v-city-of-escondido |
I. Did the Ninth Circuit Court of Appeals erroneously find Johnson forfeited his sentencing claim, disregarding this Court's claim preservation holdin… |
| 19-6034 |
Tomas Liriano Castillo v. United States |
Third Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
appointments-clause attorney-general-succession-act civil-procedure federal-government federal-rules-of-criminal-procedure federal-vacancies-reform-act notice plain-error procedural-forfeiture rule-52b social-media social-media-notice |
Can announcements made via the President's personal social media be sufficient to put litigants against the Federal Government on notice so that litig… |
| 19-5949 |
Marcelino Martinez v. United States |
Fifth Circuit |
2019-09-16 |
Denied |
IFP |
criminal-procedure criminal-procedure-rule-11 district-court federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining plea-negotiations rule-11 substantial-rights |
1) When a district court violates Rule 11(c)(1) of the Federal Rules of
Criminal Procedure by interfering in plea negotiations, can a
defendant ordina… |
| 19-5861 |
Louise K. Saine v. United States |
Seventh Circuit |
2019-09-11 |
Denied |
Response WaivedIFP |
appeal-denial appeals career-offender court-of-appeal crime-of-violence criminal-procedure drug-law due-process federal-case federal-classification federal-court federal-rules-of-criminal-procedure prior-convictions rehabilitation-programs rule-35 sentencing sentencing-guidelines sentencing-reform-act state-officer |
When can Rule 35 be used error?
Can a state case be classified as a federal case if defendant has never been convicted of prior felonies?
What is th… |
| 19-5856 |
Amando Villarreal Heredia v. United States |
Ninth Circuit |
2019-09-06 |
Denied |
Response WaivedIFP |
18-usc-3582 18-usc-3582c2 drug-quantity fed-r-crim-p-11 federal-criminal-procedure federal-rules-of-criminal-procedure guidelines-range modification-proceeding plea-agreement sentence-recalculation sentencing-guidelines sentencing-modification |
QUESTION #1: In a " Modification Proceeding pursuant to 18 U.S.C. § 3582(c)(2)," as to a retroactively applicable amendment
to the U.S. Sentencing Gu… |
| 19-5781 |
Yong S. Cha, aka Edward Cha v. United States |
Ninth Circuit |
2019-09-03 |
Denied |
Response WaivedIFP |
adversarial-testing criminal-procedure due-process evidentiary-waiver federal-rules-of-criminal-procedure federal-rules-of-evidence plea-bargaining proffer-statements prosecutorial-discretion prosecutorial-misconduct sixth-amendment |
I. When the Government has agreed not to use a defendant's statements except to refute a defense at trial, may the Government only use those proffer s… |
| 19-5697 |
Felipe Vinagre-Hernandez v. United States |
Fifth Circuit |
2019-08-23 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure detention detention-motion federal-rules-of-criminal-procedure indictment judicial-interpretation jurisdiction legal-timing pretrial-motion speedy-trial-act |
Whether a motion for detention filed before an indictment or information charging a person has been obtained is a pretrial motion within the meaning o… |
| 19-5563 |
Ian Alexander Bowline v. United States |
Tenth Circuit |
2019-08-13 |
Denied |
IFP |
appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure plain-error plain-error-review pretrial-motions timeliness waiver |
Federal Rule of Criminal Procedure 12 no longer provides that the consequence of not timely making a required, pretrial motion is a waiver. Can an app… |
| 19-5396 |
Vincent Anzalone v. United States |
First Circuit |
2019-07-30 |
Denied |
Response WaivedIFP |
criminal-procedure exclusionary-rule federal-rule-of-criminal-procedure-41(b) federal-rules-of-criminal-procedure good-faith-exception government-policy judicial-authority jurisdiction procedural-violation warrant warrant-application |
1. Whether the good faith exception to the exclusionary rule is categorically inapplicable to a warrant issued in violation of Federal Rule of Crimina… |
| 19-5357 |
Daniel Eugene Cookson v. United States |
Tenth Circuit |
2019-07-26 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights exclusionary-rule federal-magistrate federal-magistrates-act federal-rules-of-criminal-procedure fourth-amendment good-faith-exception magistrate-judge search-warrant territorial-jurisdiction |
When a warrant authorizes a search beyond the issuing judge's territorial jurisdiction, does the good-faith exception to the exclusionary rule apply t… |
| 19-5269 |
Reginald Christopher Gilbert v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
IFP |
appellate-procedure appellate-review criminal-law criminal-procedure defendant-rights federal-rules-of-criminal-procedure judicial-review jurisdiction objection reasonableness reasonableness-standard sentencing sentencing-review |
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 19-5216 |
Nicholas Pagliuca v. United States |
Second Circuit |
2019-07-17 |
Denied |
Response WaivedIFP |
appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states |
Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais… |
| 19-5182 |
Geovanny Antonio Loyola-Villegas v. United States |
Fifth Circuit |
2019-07-16 |
Denied |
IFP |
appellate-review empirical-basis federal-rules-of-criminal-procedure plain-error presumption-of-reasonableness reasonableness sentencing sentencing-guidelines |
1. Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's se… |
| 19-5138 |
Jesus Alonso Gonzalez Gonzalez, aka Jesus Gonzalez, aka Jesus Alonzo Gonzalez, aka Alonzo Gonzalez, aka Roberto Soto v. United States |
Fifth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plain-error procedural-review rule-51b sentencing |
1. Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure … |
| 19-5010 |
Andrew Nelson v. United States |
Eleventh Circuit |
2019-06-28 |
Denied |
IFP |
18-usc-924(c) appellate-review continuance criminal-procedure due-process fed-r-crim-p-52a federal-rules-of-criminal-procedure harmless-error judicial-error prejudice right-to-counsel sentencing substantial-rights trial-continuance vagueness-doctrine |
1. Where the district court erroneously premises its denial of a meritorious,
unopposed motion for continuance of the trial on a mistaken belief that … |
| 18-9834 |
Carlos Alberto Ochoa-Orozco v. United States |
Fifth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
constitutional-error cumulative-error due-process fair-trial federal-rules-of-criminal-procedure ineffective-assistance-of-counsel ineffective-counsel plea-bargaining prosecutorial-misconduct rule-18 sentencing sixth-amendment venue venue-challenge |
1. Whether the district court violated Appellant's right to due process, and his Sixth Amendment right to affair trial, where' the district court 'lac… |
| 18-9776 |
Irineo Ponce-Recendiz v. United States |
Fifth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-procedure legal-error plain-error preservation-of-error rule-51b sentencing |
1. Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure … |
| 18-9780 |
Christopher Hannigan v. United States |
Fourth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
18-usc-3551 component-parts criminal-procedure federal-rules federal-rules-of-criminal-procedure judgment judgment-parsing judicial-discretion rule-32 sentencing sentencing-rules statutory-interpretation |
Does the language of Rule 32(k) and 18 U.S.C. §3551 allow for the court to parcel the judgment into component parts? |
| 18-9738 |
Francisco Gonzalez Jose v. United States |
Third Circuit |
2019-06-20 |
Denied |
Response WaivedIFP |
alternate-juror criminal-procedure deliberations due-process federal-rules-of-criminal-procedure judicial-interpretation jury jury-deliberation jury-instructions mistrial third-circuit united-states-v-sotelo |
When a juror cannot continue deliberations and an alternate juror is empaneled, Fed. R. Crim. P. 24(c)(3) dictates proceedings to follow. Does the Thi… |
| 18-9703 |
Milton Terry Kelton v. United States |
Eighth Circuit |
2019-06-18 |
Denied |
Response WaivedIFP |
base-offense-level criminal-procedure due-process ex-post-facto federal-rules federal-rules-of-criminal-procedure plain-error sentencing-enhancement sentencing-guidelines |
WHETHER THE HONORABLE JUDGE BRIAN C. WIMES AND THE U.S. ATTORNEY JAMES BOHLING UTILIZE TWO-INAPPLICABLE STATUTORY ENHANCEMENTS ENACTED BY THE UNITED S… |
| 18-9691 |
Dwayne Lee Stallings v. United States |
Fourth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-rule-32-violations criminal-rule false-statement false-statements federal-rules-of-criminal-procedure obstruction-of-justice plain-error plain-error-analysis sentencing sentencing-enhancement sentencing-guidelines sentencing-procedure standard-of-review structural-error |
Whether the Court's plain error analysis is properly applied to violations of Fed. R. Crim. P. 32(i)(1)(A), and, if so, whether such violations are st… |
| 18-9590 |
Stephen Mayer v. United States |
Eleventh Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-33-b-1 criminal-procedure-33-b-2 federal-rules federal-rules-of-criminal-procedure giglio giglio-violations napue napue-violations new-evidence post-conviction-relief prosecutorial-misconduct |
I Whether evidence of Giglio/Napue violations can be utilized as new evidence under Federal Rules of Criminal Procedure 33(b)(1) or if it is limited t… |
| 18-9365 |
Jose Antonio Ramirez-Jaramillo v. United States |
Fifth Circuit |
2019-05-22 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error sentencing sentencing-error statutory-interpretation statutory-range substantial-rights |
Whether an error in selecting the defendant's statutory range of imprisonment affects his or her substantial rights within the meaning of Federal Rule… |
| 18-9370 |
Mark A. Blankenship v. United States |
Ninth Circuit |
2019-05-21 |
Denied |
Response WaivedIFP |
appellate-jurisdiction criminal-procedure district-court district-court-determination fed-r-crim-p-35(b) federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-review reduced-sentence sentence-reduction sentencing sentencing-factor sentencing-factors |
Does appellate jurisdiction lie from a district court's determination that a particular sentencing factor is relevant to the imposition of a reduced s… |
| 18-9304 |
Abel De Leon v. United States |
Fifth Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rule federal-rules-of-criminal-procedure guilty-plea pre-acceptance right-to-withdraw rule-11 withdrawal |
Whether a formal motion to withdraw a guilty plea is required to invoke the protections of Federal Rule of Criminal Procedure 11(d)(1), which provides… |
| 18-9206 |
Mitchell Felix Brooks v. United States |
Fourth Circuit |
2019-05-08 |
Denied |
Response WaivedIFP |
civil-procedure criminal-law criminal-procedure district-court-discretion due-process federal-rules-of-criminal-procedure guilty-plea plea-bargaining plea-compliance rule-11 sentencing supervisory-powers supervisory-powers-of-lower-courts |
(1) Whether the District Court Judge abused its discretion in violation pursuant to Rule 11, United States v. McCarthy "62 interrogation questions" ma… |
| 18-9132 |
Earlie Dickerson v. United States |
Fifth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidentiary-standard federal-rule-criminal-procedure federal-rules-of-criminal-procedure government-witness government-witnesses motion-for-new-trial newly-discovered-evidence perjury trial-motion witness-credibility witness-testimony |
Question One: Whether new evidence that Government witnesses provided
untruthful statements during a trial can ever satisfy the requirements for a mot… |
| 18-8995 |
Maurice Anderson v. United States |
Fourth Circuit |
2019-04-25 |
Denied |
Response WaivedIFP |
breach-of-contract due-process federal-rules-of-criminal-procedure first-amendment judicial-discretion legitimate-government-purpose plea-agreement plea-bargaining sentencing type-c-agreement |
1. When a judge induces a defendant to plead guilty by reassuring him that if his plea is accepted the court is bound to impose a sentence specified i… |
| 18-8868 |
Amilcar C. Butler v. United States |
Sixth Circuit |
2019-04-17 |
Denied |
Response WaivedIFP |
clerical-error commitment court-filing criminal-procedure fed-r-crim-p-36 federal-criminal-procedure federal-rules-of-criminal-procedure judgment judgment-correction judicial-error procedural-rule record |
I. Is It Error For The District Court To File An Order Granting A Petition To Correct A Clerical. Error In The Judgment Under Fed. R. Crirn. P. 36, Bu… |
| 18-8558 |
Jorge Edwin Rivera v. United States |
Ninth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure guidelines judicial-discretion plain-error plain-error-review sentencing sentencing-guidelines substantial-rights supervised-release |
When a district court imposes a term of supervised release double that of the Guidelines range without first calculating the range or providing an exp… |
| 18-8568 |
David Piper v. United States |
Fifth Circuit |
2019-03-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion compulsory-process criminal-procedure defense-witnesses due-process federal-rules-of-criminal-procedure habeas-corpus sixth-amendment standard-of-review trial-rights witness-production |
I.
Whether Petitioner was deprived of compulsory process under the Due Process Clause of the Fifth Amendment and the Compulsory Process Clause of the … |
| 18-8049 |
Ramon Montero v. United States |
Fifth Circuit |
2019-02-21 |
Denied |
Response WaivedIFP |
criminal-procedure federal-rules-of-criminal-procedure fifth-circuit harmless-error harmlessness-standard molina-martinez molina-martinez-precedent molina-martinez-v-united-states preserved-error preserved-errors rule-52a sentencing-guidelines standard-of-review |
Is the Fifth Circuit correctly conducting its harmlessness inquiry when reviewing preserved Guidelines-calculation errors arising under Rule 52(a) of … |
| 18-7859 |
Frank D. Monsegue, Sr. v. United States |
Eleventh Circuit |
2019-02-08 |
Denied |
Response WaivedRelisted (2)IFP |
6th-amendment criminal-procedure criminal-procedure-defects due-process federal-jurisdiction federal-rules-of-criminal-procedure plea-agreement standing subpoena warrantless-arrest |
Whether eudence used to Secure a True Bill from a defective summons /subpena (No Authorizing Authority Name or Signature) attached hereto render the i… |
| 18-7715 |
Jose Flores v. United States |
Fifth Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion drug-quantity due-process federal-rules-of-criminal-procedure minor-role minor-role-reduction plea-bargaining plea-colloquy rule-11 sentencing sentencing-guidelines standard-of-review ussg-3b1.2 |
Was the District Court's failure to determine a factual basis, and to insure that defendant understood the nature of the charges, in violation of Rule… |
| 18-7607 |
Bruce White v. United States |
Seventh Circuit |
2019-01-28 |
Denied |
Response WaivedIFP |
counsel-actions criminal-procedure criminal-procedure-plea-bargaining defendant-rights due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel motion-withdrawal plea-agreement plea-bargaining right-to-counsel sentencing voluntary-plea withdrawal-of-plea |
IF A PLEA WAS NOT ENTERED VOLUNTARY, INTELLIGENTLY, OR KNOWINGLY WILL THAT BE CONSIDERED GROUNDS TO FILE A MOTION FOR WITHDRAWAL OF A PLEA AGREEMENT P… |
| 18-7035 |
Eminiano A. Reodica v. United States |
Ninth Circuit |
2018-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure district-court evidentiary-hearing federal-rules-of-criminal-procedure guilty-plea motion-to-withdraw plea-withdrawal rule-11 |
Whether Federal Rule of Criminal Procedure 11(d) governing motions to
withdraw a guilty plea establishes a liberal standard which precludes the
distri… |
| 18-7009 |
Jimmy Davis v. United States |
Third Circuit |
2018-12-12 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure notice notice-requirement procedural-due-process supervised-release third-circuit |
Whether Mr. Davis was denied procedural due process as required under the Constitution of the United States and the Federal Rules of Criminal Procedur… |
| 18-6853 |
Noe Garcia-Lima v. United States |
Ninth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rule-of-criminal-procedure-52(b) federal-rules-of-criminal-procedure molina-martinez molina-martinez-v-united-states plain-error-review sentencing-guidelines substantial-rights |
When the "record is silent as to what the district court might have done had it considered the correct Guidelines range," Molina-Martinez v. United St… |
| 18-6746 |
Joseph Haymore, et al. v. United States |
Ninth Circuit |
2018-11-21 |
Denied |
Response WaivedIFP |
appeals appellate-review circuit-split criminal-procedure federal-rules-of-criminal-procedure judicial-precedent severance severance-motion waiver waiver-rule |
Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review. Only the Ninth Circuit… |
| 18-6473 |
Jeremy Bernard Harrison v. United States |
Fifth Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
allocution allocution-error appellate-review criminal-procedure defendant-objection defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plain-error preservation-of-error rule-51b sentencing |
1. Whether allocution error deprives the defendant of an opportunity to object to that error within the meaning of Federal Rule of Criminal Procedure … |
| 18-6434 |
Craig Martin Shults v. United States |
Ninth Circuit |
2018-10-25 |
Denied |
Response WaivedIFP |
appeals appellate-review civil-procedure criminal-procedure due-process federal-rules-of-criminal-procedure ninth-circuit precedent rule-52(b) severance severance-motion waiver waiver-rule |
Whether failure to renew a severance motion at the close of evidence waives the issue, such that it precludes appellate review. Only the Ninth Circuit… |
| 18-6401 |
James Gabriel Smith v. United States |
Sixth Circuit |
2018-10-23 |
Denied |
Response WaivedIFP |
appellate-review competency criminal-procedure due-process federal-rules-of-criminal-procedure informed-consent judicial-process plea-bargaining plea-colloquy rule-11-procedure |
FED. R. CRIM. P. 11 requires district courts to engage in a specific, on-the-record plea colloquy. In reviewing a plea colloquy, is it sufficient for … |
| 18-6391 |
Matthew Vaughn Hawks v. United States |
Eleventh Circuit |
2018-10-19 |
Denied |
Response WaivedIFP |
appeals criminal-procedure due-process eleventh-circuit federal-rules-of-criminal-procedure mental-disability plain-error sentencing sentencing-disparity sentencing-reasonableness substantial-rights united-states-v-olano |
I. Whether the Eleventh Circuit Misapplied Fed. R. Crim. P. 52(b) and
United States v. Olano, 507 U.S. 725 (1998) by Failing to Grant Relief
for Plain… |
| 18-6300 |
Cheryl Singleton v. United States |
Eleventh Circuit |
2018-10-15 |
Denied |
Response WaivedIFP |
allocution criminal-procedure federal-rules federal-rules-of-criminal-procedure joint-stipulation presentence-investigation presentence-investigation-report sentencing |
Does the filing of joint stipulation(s) as to the presentence investigation report entitle the defendant to allocution on the (A)(i), (ii) ? |
| 18-421 |
Jose Luis Cepeda-Cortes v. United States |
Fifth Circuit |
2018-10-03 |
Denied |
Response Waived |
co-defendant criminal-procedure extraneous-criminal-acts federal-rules-of-criminal-procedure joint-trial jury-reliability prejudice rule-14a severance spill-over-effect zafiro-v-united-states |
Does a fair and consistent application of Rule 14(a) require this Court to re-examine its decision in Zafiro and clarify the factors to be considered … |
| 18-6034 |
In Re Gregory Wayne Burwell |
|
2018-09-19 |
Denied |
Response WaivedIFP |
criminal-procedure federal-grand-jury federal-rules-of-criminal-procedure fifth-amendment firearm-offenses forged-indictment grand-jury indictment-validity non-existent-crimes non-existent-offenses sentencing subject-matter-jurisdiction |
Whether the District Court and Fourth Circuit Court of Appeal's had subject matter jurisdiction over the criminal case entitled United States of Ameri… |
| 18-5979 |
Malik Derry v. United States |
Third Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment brady-v-maryland brady-violation conspiracy constitutional-rights criminal-procedure due-process federal-rules-of-criminal-procedure fifth-amendment law-of-case right-to-be-present right-to-counsel sixth-amendment suppression-of-evidence |
A. Whether the Fifth or Sixth Amendments, or Rules 43 and 44 of the Federal Rules of Criminal Procedure, are violated when neither a criminal defendan… |
| 18-237 |
Gary Thomas and Felix Parrilla v. United States |
Second Circuit |
2018-08-23 |
Denied |
Response Waived |
6th-amendment civil-procedure conspiracy-venue constitutional constitutional-venue cooperating-witness criminal-procedure due-process federal-rules-of-criminal-procedure government-witness manufactured-venue prosecutorial-discretion sixth-amendment venue venue-determination venue-manipulation venue-provisions witness-cooperation |
1. Whether it is permissible under the venue provisions of the U.S. Constitution Article III, § 2, cl. 3; the Sixth Amendment; and Federal Rules of Cr… |
| 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 … |