maximum-sentence
11 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 23-6453 | James David Welton v. United States | Eighth Circuit | 2024-01-10 | Denied | Response WaivedIFP | circuit-court civil-rights criminal-procedure due-process habeas-corpus maximum-sentence petition-review procedural-challenge sentencing state-court-conviction supervised-release supreme-court-review | Whether the court should grant the writ to resolve a circuit split as to whether the sentence of supervised release must be counted with a 10 year max… |
| 23-5631 | Jason M. Moriarty v. United States | Eleventh Circuit | 2023-09-21 | Denied | Response WaivedIFP | consecutive-sentences criminal-law criminal-procedure imprisonment maximum-sentence revocation-of-release sentencing sentencing-guidelines statutory-interpretation supervised-release | When revoking multiple terms of supervised release and requiring a defendant "to serve in prison all or part of the term of supervised release," may t… |
| 21-6573 | Michael Roy Sharpe v. United States | Eleventh Circuit | 2021-12-13 | Denied | Response WaivedIFP | constitutional-guarantees criminal-law due-process judicial-factfinding jury-trial maximum-sentence sentencing sentencing-procedure supervised-release trial-by-jury | When Congress created the novel system of supervised release for federal criminal defendants, it authorized district judges to act as factfinders and … |
| 21-5694 | Shawn Travis Paschal v. United States | Fifth Circuit | 2021-09-16 | Denied | Response WaivedIFP | constitutional-rights elements-of-offense federal-sentencing maximum-sentence minimum-sentence sentencing | I. Whether facts that affect the minimum or maximum reasonable federal sentence must be treated as elements of the defendant's offense for constitutio… |
| 20-423 | LaQuanda Gilmore Garrott v. United States | Eleventh Circuit | 2020-10-02 | Denied | charge-bargain judicial-review maximum-sentence plea-agreement prosecutorial-discretion sentencing sentencing-discretion separation-of-powers | Whether a district judge violates the separation of powers by rejecting a plea agreement containing a "charge bargain"—a guilty plea to one or more co… | |
| 19-8088 | Antonio Rodrigues v. Massachusetts | Massachusetts | 2020-03-24 | Denied | IFP | constitutional-due-process criminal-element due-process felony-murder judicial-determination judicial-fact-finding maximum-sentence predicate-felony sentencing sufficiency-of-evidence trial-evidence | Does the Constitution prohibit a State to define a crime to include an element that is to be decided by a judge without evidence; and where the State … |
| 19-5589 | Marlon Leroy Porch v. T. Watson, Warden | Fifth Circuit | 2019-08-14 | Denied | Response WaivedIFP | criminal-procedure fundamental-defect maximum-sentence saving-clause sentence-review sentencing sentencing-enhancement statutory-interpretation statutory-maximum | I. WHETHER A FUNDAMENTAL DEFECT IS SUFFICIENT TO SATISFY THE SAVING CLAUSE WHERE PETITIONER ERRONEOUS ENHANCE SENTENCE FELL BENEATH THE STATUTORY MAXI… |
| 18-9306 | Shawn Sayer v. United States | First Circuit | 2019-05-16 | Denied | Response WaivedIFP | 18-usc-3553 criminal-procedure criminal-sentencing due-process maximum-sentence probation-report procedural-error procedural-reasonableness sentencing sentencing-guidelines substantive-reasonableness upward-variance | I. Whether the district court erred by imposing a sentence without adequate explanation pursuant to 18 U.S.C. § 3553(c), and the length of which sente… |
| 18-7910 | Richard Fuentes v. United States | Fifth Circuit | 2019-02-12 | Denied | Response WaivedIFP | armed-career-criminal-act johnson-v-united-states maximum-imprisonment maximum-sentence revocation-sentence sentencing statutory-maximum substantive-reasonableness supervised-release | Can a prison sentence imposed upon revocation of supervised release ever be substantively reasonable when: 1) it was authorized by virtue of the fact … |
| 18-6366 | John A. Barbosa v. United States | First Circuit | 2018-10-17 | Denied | Response WaivedIFP | armed-career-criminal-act carachuri-rosendo carachuri-rosendo-v-holder charging-decision charging-document circuit-split judgment maximum-sentence plea-colloquy prosecutorial-discretion record-of-conviction rodriguez-precedent serious-drug-offense state-drug-offense | The Court's decision in United States v. Rodriquez, which it clarified in Carachuri-Rosendo v. Holder, instructs lower courts to look to the record of… |
| 18-5994 | Ricky Wayne White v. Arkansas | Arkansas | 2018-09-14 | Denied | Response WaivedIFP | criminal-procedure due-process habeas-corpus judicial-error legal-relief maximum-sentence misdemeanor-enhancement sentencing sentencing-error state-court-jurisdiction state-courts | Question One: Is an error of a lower State Court in exceeding the maximum sentence legally allowed, cognizable for relief at any time? Question Tw… |