government-discretion
12 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 22-7421 | Michael Anthony McDowell, aka Red v. United States | Fourth Circuit | 2023-05-01 | Denied | Response WaivedIFP | compel criminal-procedure district-court due-process government-discretion government-refusal judicial-review rule-35 rule-35-motion standing | Whether the due process rights of Petitioner violated by the Government's refusal to file a Rule 35 motion, and the district court's refusal to compel… |
| 21-7867 | Jasper B. Mackey, Jr. v. United States | Fourth Circuit | 2022-05-13 | Denied | Response WaivedIFP | criminal-sentencing due-process fourth-circuit government-discretion mandatory-minimum plea-agreement sentencing substantial-assistance | I. The United States Fourth Circuit Court of Appeals erred in affirming the district court's judgment which did not depart below the mandatory minimum… |
| 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… |
| 21-6447 | Logan Bailey Lawrence v. United States | Fifth Circuit | 2021-11-30 | Denied | Response WaivedIFP | appellate-review criminal-sentencing due-process estoppel government-discretion waiver-of-appeal | Where the Government strenuously argues for below-Guidelines sentencing, but the District Court refuses, should the Government be estopped from preclu… |
| 21-766 | Douglass Properties II, LLC v. City of Olympia, Washington | Washington | 2021-11-23 | Denied | constitutional-scrutiny due-process government-discretion impact-fees koontz-v-st-johns land-use land-use-permit nollan-dolan-doctrine nollan-v-california-coastal-commission property-rights takings | Whether, after Koontz, the Nollan/Dolan doctrine applies generally to impact fees, i.e., whether after Koontz there is any distinction between "adjudi… | |
| 21-5335 | Omar Israel-Griffin v. United States | Sixth Circuit | 2021-08-10 | Denied | Response WaivedIFP | administrative-law constitutional-provisions contract-law cooperation criminal-procedure due-process federal-procurement government-contract government-discretion plea-agreement statutory-interpretation withdrawal | When a defendant enters a plea agreement (guilty/nolo contendere), providing that the government is allowed to withdraw if the government believes the… |
| 20-5985 | Derrick Kennedy Crumpton v. United States | Sixth Circuit | 2020-10-09 | Denied | Response WaivedIFP | bad-faith-review circuit-court-split criminal-procedure government-discretion government-motion judicial-review plea-agreement proffer-agreement sentencing sentencing-guidelines | What is the scope of judicial review when the defendant and the government have entered in a Plea Agreement and/or a Proffer Agreement in which the go… |
| 20-5715 | Martin Rogelio Longoria v. United States | Fifth Circuit | 2020-09-16 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | at sentencing may withhold a motion for a third-level reduction acceptance-of-responsibility circuit-split criminal-procedure government-discretion motion-to-suppress plea-bargaining sentencing-guidelines | Whether the government, at sentencing, may withhold a motion for a third-level reduction for acceptance of responsibility under USSG § 3E1.1(b) on the… |
| 20-5382 | William Charles Graham v. United States | Eighth Circuit | 2020-08-18 | Denied | Response WaivedIFP | civil-procedure civil-rights constitution constitutional-rights due-process federal-system government-discretion judicial-independence legal-safeguards standing | Is the Constitution of the Unifed States of Amenico, its Arhickes, and its Amendments the Supreme law of the land ? 2. Is slavery abolished in its le… |
| 20-160 | Ahmed Halim v. United States | Federal Circuit | 2020-08-14 | Denied | Response Waived | administrative-law civil-procedure civil-rights due-diligence good-faith government-discretion housing-regulations official-good-faith standing state-variance takings | What are the limits on due diligence? Do government officials act in good faith all the time? Can the government punish the petitioner for reasons B… |
| 19-7984 | Danny Pereda v. United States | Ninth Circuit | 2020-03-13 | Denied | Response WaivedIFP | 6th-amendment civil-rights constitutional-law criminal-law due-process government-discretion government-procedures jury-trial sentencing-guidelines | Question not identified. |
| 19-5811 | Joe Edger v. United States | Eighth Circuit | 2019-09-05 | Denied | Response WaivedIFP | ambiguity conflict constitutional-rights contract-law court-of-appeals criminal-procedure criminal-process due-process government-discretion plea-agreement prosecutorial-misconduct | 1. Does the phrase "cited in the affense of conviction" mean "information used in a partriular count of an indictment or information that initiat the … |