judge-found-facts
6 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-970 | Rami Ghanem v. United States | Ninth Circuit | 2026-02-18 | Pending | acquitted-conduct beyond-reasonable-doubt fifth-amendment judge-found-facts sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit federal courts from increasing a criminal defendant's authorized punishment based on conduct—including… | |
| 20-7198 | Benjamin Edward Henry Bradley v. United States | Sixth Circuit | 2021-02-22 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | apprendi apprendi-doctrine criminal-forfeiture honeycutt honeycutt-precedent in-personam-judgment in-personam-money-judgments judge-found-facts jury-finding sixth-amendment | 1. Whether, under Apprendi and its progeny, a court violates the Sixth Amendment's jury-finding requirements by ordering forfeiture, over the defendan… |
| 20-6954 | Brenda Yadira Gamez-Castaneda v. United States | Fifth Circuit | 2021-01-27 | Denied | Response WaivedIFP | alien-smuggling criminal-procedure criminal-sentencing due-process judge-found-facts judicial-fact-finding jury-trial jury-trial-rights sentencing sentencing-guidelines sixth-amendment | Petitioner pleaded guilty to conspiracy to transport aliens within the United States and being found in the United States after a previous deportation… |
| 20-6925 | Leonidas Iraheta and Eduardo Hernandez v. United States | Ninth Circuit | 2021-01-25 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fifth-amendment judge-found-facts judicial-discretion jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit severe increases to the sentences of criminal defendants using judge-found facts rejected by the jury. |
| 18-7181 | Antonio Amar White v. United States | Fifth Circuit | 2018-12-27 | Denied | Response WaivedIFP | dismissed-conduct district-court due-process judge-found-facts sentencing sixth-amendment sixth-amendment-violation unreasonable-sentence | Whether Petitioner's sentence violated the Sixth Amendment because the district court's factual findings, based on dismissed conduct, provided the leg… |
| 18-5258 | Howell Miller v. United States | Second Circuit | 2018-07-18 | Denied | Response WaivedIFP | appellate-procedure criminal-procedure due-process en-banc-review judge-found-facts judicial-fact-finding sentencing sentencing-guidelines sixth-amendment uniformity-of-decisions united-states-v-booker | WHETHER A DRASTICALLY INCREASED SENTENCE (FROM ROUGHLY 10 YEARS TO 12 YEARS) THAT WOULD NOT HAVE BEEN REASONABLE BUT FOR JUDGE-FOUND FACTS VIOLATES TH… |