| 25-5003 |
Eric Richard Garza v. United States |
Fifth Circuit |
2025-07-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-conviction de-novo-resentencing fifth-circuit-interpretation mandate-rule sentencing-discretion |
Did the Fifth Circuit misapply its restrictive interpretation of the mandate rule which does not permit de novo resentencing, but limits to resentenci… |
| 23-7841 |
Richard Schorovsky v. United States |
Fifth Circuit |
2024-07-01 |
GVR |
IFP |
armed-career-criminal armed-career-criminal-act burglary-statute fifth-circuit-interpretation jury-determination robbery-convictions sentencing sentencing-enhancement separate-occasions shepard-documents |
1. In light of Erlinger v. United States, No. 23-370, 602 U.S._ (June 21, 2024), was Petitioner Schorovsky properly sentenced as an armed career crimi… |
| 23-5907 |
Brian Jones v. United States |
Fifth Circuit |
2023-10-30 |
Denied |
Response WaivedRelisted (2)IFP |
carjacking carjacking-statute criminal-law federal-statute fifth-circuit-interpretation force-and-violence intent intent-requirement serious-harm-or-kill taking-a-vehicle vehicle-theft |
Does a conviction for carjacking by "force and violence" under 18 U.S.C. § 2119 require that the force and violence be employed, with the requisite in… |
| 21-7483 |
Ruben Aguilera v. United States |
Fifth Circuit |
2022-03-29 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-procedure criminal-statute-interpretation divisibility fifth-circuit-interpretation generic-burglary sentencing-enhancement texas-burglary-statute |
1. Can the Texas burglary statute — which the Fifth Circuit has held to be indivisible and descriptive of generic burglary — properly be the basis for… |
| 21-6914 |
Michael Patrick Kennedy v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2022-01-20 |
Denied |
IFP |
appellate-review civil-procedure civil-rights constitutional-rights dismissal-standard due-process fifth-circuit-interpretation judicial-proceedings pro-se-representation standing successive-petitions supervisory-power |
Question No. one:
The United States Court of Appeals for the Fifth Circuit has entered a
decision involving denial of a Constitutional Right which is… |
| 19-7965 |
Cedric Edney v. United States |
Fifth Circuit |
2020-03-11 |
Denied |
Response WaivedIFP |
categorical-approach controlled-substance-offense controlled-substances criminal-law fifth-circuit-interpretation mathis-standard mathis-v-united-states modified-categorical-approach sentencing-guidelines statutory-interpretation taylor-precedent taylor-v-united-states u-s-s-g-section-4b1-2-b |
Did the Fifth Circuit Err in deciding as an issue of first impression, that Texas offenses of Distribution of controlled substances and possession wit… |
| 18-8885 |
Jose Roman v. United States |
Fifth Circuit |
2019-04-18 |
Denied |
Response WaivedIFP |
criminal-activity criminal-procedure criminal-sentencing drug-offense fifth-circuit-interpretation firearm-enhancement firearms foreseeability presumption presumption-of-use sentencing-guidelines tools-of-the-trade |
WHETHER THE GUIDELINES ARE MISAPPLIED LINER 2D1.1 (b)(1) BY MAKING A GENERAL PRESUMPTION THAT FIREARMS ARE "TOOLS OF THE TRADE" AND THAT ALWAYS IS FOR… |