plea-agreement
505 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6850 | Davantae London v. United States | Fifth Circuit | 2026-02-18 | Pending | IFP | appeal-waiver consecutive-sentencing ineffective-assistance-of-counsel plea-agreement sentencing-appeal statutory-maximum | 1. Whether a general appeal waiver that does not mention the right to challenge the consecutive nature of a sentence bars such a challenge. 2. Whethe… |
| 25-6808 | William Loggins, Jr. v. Kansas | Kansas | 2026-02-13 | Pending | IFP | constitutional-rights due-process ex-post-facto plea-agreement pro-se-pleading sentencing-guidelines | 1. Whether a state court judge must adhere to the principle that a pro se pleading must be construed liberally? 2. Whether the trial judge misconstru… |
| 25-6731 | Keith Lashon Bell v. United States | Fourth Circuit | 2026-02-05 | Pending | IFP | appellate-waiver consideration contract-law criminal-procedure judicial-interpretation plea-agreement | Whether general contract principles, such as the requirement of consideration, and negotiated exclusive remedies, apply to the enforcement of appellat… |
| 25-6710 | Jose Ramon Castillo-Lopez v. United States | Fifth Circuit | 2026-02-04 | Pending | IFP | appellate-waiver federal-sentencing fifth-circuit guilty-plea plea-agreement withdrawal-of-plea | 1. Based on his plea agreement's boilerplate waiver of most appellate rights, the Fifth Circuit dismissed Petitioner's challenge to his federal senten… |
| 25-6633 | Leihinahina Sullivan v. United States | Ninth Circuit | 2026-01-21 | Pending | Response WaivedIFP | criminal-history district-court plea-agreement sentence-adjustment sentencing-guidelines status-points | &ivn(<)WineVViev' be ^-zmled sendee reducho-n uvtdeK ■sfetfus points Amendment &aJ aiad -WnaA' unde« IS U.SZ. Z&SSfa'fte) 7 reaumnq-toe Court to ronf… |
| 25-6583 | John Hotaling v. United States | Second Circuit | 2026-01-14 | Pending | Response WaivedIFP | breach-of-contract criminal-procedure due-process plea-agreement santobello-standard sentencing-guidelines | Whether the government breaches a plea agreement, and violates due process under Santobello v. New York, 404 U.S. 257 (1971), when it enters into an a… |
| 25-6577 | Charles Denard Milbry v. Florida | Florida | 2026-01-14 | Pending | Response WaivedIFP | constitutional-defect ex-post-facto habeas-corpus judicial-discretion plea-agreement sentencing-guidelines | Petitioner played a relatively minor role in his acceptance of plea. A trial judge was assigned to petitioner's case when it was filed in 1996 and pre… |
| 25-6555 | Fredrick Dontae Slade v. United States | Fourth Circuit | 2026-01-13 | Pending | IFP | appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement | 1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 25-6526 | Johnny Ray Walls-Bey v. Arizona | Arizona | 2026-01-08 | Pending | Response WaivedIFP | brady-rule due-process false-testimony napue-violation plea-agreement prosecutorial-misconduct | (1) Where State Prosecutors knowingly used and failed to correct false sworn testimony in connection with the plea such as at the plea colloquy, in … |
| 25-6488 | Matthew Jones v. Dave Yost, Attorney General of Ohio | Sixth Circuit | 2026-01-06 | Pending | IFP | criminal-procedure due-process plea-agreement plea-offer right-to-counsel sixth-amendment | The first question presented is : Should the Sixth Amendment right to counsel attach at the moment an accused is confronted by his expert adversary w… |
| 25A742 | Shameek J. Halls v. United States | Second Circuit | 2025-12-23 | Application | bureau-of-prisons criminal-procedure judicial-review plea-agreement second-circuit summary-order | Question not identified. | |
| 25-6411 | Gregory Johnson, Jr. v. United States | Fifth Circuit | 2025-12-22 | Pending | IFP | appeal-waiver appellate-review criminal-procedure due-process miscarriage-of-justice plea-agreement | Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and… |
| 25-6389 | Kingsley Ita v. United States | Fifth Circuit | 2025-12-16 | Pending | IFP | appeal-waiver circuit-split criminal-procedure due-process plea-agreement sentencing-procedure | I. Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing co… |
| 25-6308 | Johnny Joe Figueroa-Mangual v. United States | First Circuit | 2025-12-08 | Denied | Response WaivedIFP | constitutional-rights eighth-amendment fifth-amendment plea-agreement sentencing-guidelines sixth-amendment | Whether it was a violation to the Fifth, Sixth and Eighth Amendment of the U.S. Constitution, the sentencing factors enshrined in 18 U.S.C. 3553 (a) a… |
| 25-6269 | Lairon Graham v. United States | Second Circuit | 2025-12-02 | Pending | IFP | appellate-procedure circuit-split due-process ineffective-assistance party-presentation plea-agreement | 1. Whether the right to due process on appeal is violated where, despite a criminal defendant-appellant's repeated invocations of the party presentati… |
| 25-601 | Ralston Brown v. Mellekas, Police Officer, et al. | Second Circuit | 2025-11-24 | Denied | Response Waived | constitutional-rights due-process judicial-estoppel megan's-law plea-agreement retroactive-statute | Weather the Respondent violated the Petitioner Constitutional Rights By acting under color of law? Whether the New York Court of Appeals, overlooked … |
| 25A594 | Keith Lashon Bell v. United States | Fourth Circuit | 2025-11-20 | Application | appeal-waiver constitutional-exception criminal-procedure federal-sentencing habeas-corpus plea-agreement | Question not identified. | |
| 25A591 | Nadarius Barnes v. United States | Tenth Circuit | 2025-11-19 | Application | appellate-rights circuit-split criminal-procedure guilty-plea plea-agreement waiver | Whether, by entering an unconditional guilty plea, a defendant waives his right to appeal the conviction on the basis that the conduct admitted in the… | |
| 25-6136 | Damien Antione Jones v. United States | Fifth Circuit | 2025-11-17 | Pending | IFP | appellate-waiver collateral-review constitutional-rights criminal-procedure due-process plea-agreement | Petitioner is serving a sentence for an offense that was later declared unconstitutional by this Court in United States v. Davis, 588 U.S. 445 (2019),… |
| 25A552 | Gregory Johnson, Jr. v. United States | Fifth Circuit | 2025-11-12 | Application | appeal-waiver career-offender circuit-split criminal-procedure plea-agreement sentencing-guidelines | Question not identified. | |
| 25-6075 | Derek Muñoz-Gonzalez v. United States | First Circuit | 2025-11-10 | Denied | Response WaivedIFP | breach-of-contract criminal-procedure guideline-range plea-agreement prosecutorial-conduct sentencing-enhancement | Whether the prosecution breached the plea agreement by vigorously advocating, at sentencing, for the application of two enhancements, that the parties… |
| 25A469 | Cedric Ray Jones v. United States | Fifth Circuit | 2025-10-24 | Application | appeal-waiver circuit-split collateral-review constitutional-vagueness plea-agreement section-924(c) | Question not identified. | |
| 25-474 | Justin Baggett v. Texas | Texas | 2025-10-17 | Denied | criminal-procedure due-process impeachment-evidence ineffective-assistance plea-agreement strickland-standard | I. Whether trial counsel's failure to investigate and discover impeachment evidence against a key prosecution witness before a defendant accepts a ple… | |
| 25-5866 | Davon Anthony Beckford v. United States | Third Circuit | 2025-10-10 | Pending | IFP | miscarriage-of-justice plea-agreement sentencing-guidelines substantial-assistance third-circuit waiver-of-appeal | 1. DOES ENFORCEMENT OF APPELLANT'S WAIVER OF APPEAL AND THE GOVERNMENT'S SUMMARY AFFIRMANCE MOTION OF MR. BECKFORD'S SENTENCE CONSITUTE A MISCARRIAGE … |
| 25-384 | Faisal Ashraf v. United States | Ninth Circuit | 2025-10-02 | Denied | Response Waived | certificate-of-appealability due-process intervening-law ninth-circuit noncriminal-conduct plea-agreement | Whether this Court should grant, vacate, and remand the Ninth Circuit's denial of a certificate of appealability for the plainly substantial issue of … |
| 25-5696 | Anatole Mbe v. United States | Ninth Circuit | 2025-09-22 | Pending | IFP | appeal-waiver criminal-procedure legal-error plea-agreement restitution sentencing | Did petitioner's appeal waiver as part of his plea agreement preclude an appeal challenging the amount imposed for restitution on grounds that the gov… |
| 25-5669 | Stanislav Steven Yelizarov v. United States | Fourth Circuit | 2025-09-17 | Denied | Response WaivedIFP | actual-innocence appeal-waiver ineffective-counsel miscarriage-of-justice plea-agreement resentencing | When a criminal defendant is resentenced after a conviction is vacated because he is actually innocent of the charge, does an appeal waiver in the ple… |
| 25-5620 | Terry Duane Qualls v. United States | Eighth Circuit | 2025-09-12 | Pending | IFP | appeal-waiver categorical-approach controlled-substances-act due-process plea-agreement sentencing | Whether an appeal waiver applies when the sentencing judge advises the defendant that he has the right to appeal and the government does not object. |
| 25-5609 | Jackie Kavaskia McMillan v. United States | Eleventh Circuit | 2025-09-11 | Pending | IFP | appeal-waiver district-court illegal-sentence jurisdictional-challenge plea-agreement sentencing | While "jurisdictions appear to treat at least some claims as unwaivable" via an appeal waiver in a plea agreement, this Court has not yet decided "wha… |
| 25-5520 | Dennis Wilson v. United States | Seventh Circuit | 2025-09-02 | Denied | Response WaivedIFP | criminal-trial due-process fundamental-rights plea-agreement rights-to-counsel sentencing | Whether the predicted outcome and the potential sentence faced by Mr. Wilson, should he be convicted at trial, is to be compared to the plea agreement… |
| 25-5387 | Robert Narvett v. United States | Seventh Circuit | 2025-08-18 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement rule-11-hearing | Did the Appeals Court error by claiming Movants substantial rights were not affected after conceeding that the District Court accepted the Movants ple… |
| 25-5362 | Nathaniel Blancher v. United States | Eleventh Circuit | 2025-08-14 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure evidentiary-hearing guilty-plea ineffective-assistance plea-agreement | Whether a guilty plea becomes knowing, intelligent, and voluntary when the plea agreement inaccurately describes the penalty provision of the statute … |
| 25-5211 | Kareem Muhammad v. United States | Fifth Circuit | 2025-07-28 | Denied | Response WaivedIFP | court-of-appeals defendant-expectations four-corners judicial-review plea-agreement plea-bargaining | The overwhelming majority of criminal cases are resolved by plea bargaining. However, how these agreements are interpreted lacks uniformity in the cou… |
| 25A99 | Carlos Daniel Canario-Vilomar v. United States | Eleventh Circuit | 2025-07-24 | Presumed Complete | criminal-prosecution drug-conspiracy eleventh-circuit maritime-drug-law plea-agreement vessel-jurisdiction | Question not identified. | |
| 25-5154 | Elijah Muhammad v. United States | Fifth Circuit | 2025-07-21 | Denied | Response WaivedIFP | appellate-review breach-of-contract criminal-procedure due-process four-corners-doctrine plea-agreement | 1. Whether a court should only look at the "four corners" of the plea agreement language when determining whether a breach of the plea agreement occur… |
| 25-5099 | Franklin Ray v. United States | Second Circuit | 2025-07-15 | Denied | Response WaivedIFP | actual-innocence appeal-waiver due-process plea-agreement sixth-amendment statutory-interpretation | After this Court re-interpreted the Aggravated Identity Theft statute in Dubin v. United States, 599 U.S. 110, 132 (2023), Petitioner was factually in… |
| 25-5031 | Michael Odom v. United States | Eighth Circuit | 2025-07-03 | Denied | Response WaivedIFP | appeal-waiver circuit-consensus due-process fifth-amendment plea-agreement sentencing-proceedings | 1. Whether the near consensus determination by the various Circuits to accept appeal waivers in plea agreements that extend to subsequent sentencing p… |
| 24-7478 | Shaquan Dannard McCall v. United States | Fourth Circuit | 2025-06-23 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement | 1. ISA DEFEDANTS RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 24-1293 | Brett Morris McAlpin v. United States | Fifth Circuit | 2025-06-18 | Denied | Response WaivedRelisted (2) | appellate-review circuit-split contract-law due-process plea-agreement sentencing-reform | Should an appeal waiver in a plea agreement be enforced when the plea agreement confers no benefit on the defendant in exchange for his guilty plea, t… |
| 24A1249 | Andrew Charles Beard v. United States | Fifth Circuit | 2025-06-17 | Presumed Complete | constitutional-challenge crime-of-violence cyberstalking direct-appeal plea-agreement sentencing-enhancement | Question not identified. | |
| 24-7357 | Christopher Scott Jones v. United States | Fourth Circuit | 2025-06-05 | Denied | Response WaivedIFP | criminal-procedure due-process fourth-circuit obstruction-enhancement plea-agreement sentencing-guidelines | I. Whether the Fourth Circuit erred because the District Court improperly accepted a plea and proceeded with sentencing where Mr. Jones had not been a… |
| 24-7166 | David Eugene Rush, Jr. v. United States | Sixth Circuit | 2025-05-09 | Denied | Response WaivedIFP | appeal-waiver consideration constitutional-rights criminal-procedure due-process plea-agreement | Plea agreements are governed by traditional contract principles — but unlike ordinary contracts, they involve the waiver of fundamental constitutiona… |
| 24-7132 | Donovan Jacob Farr v. Texas | Texas | 2025-05-05 | Denied | Response WaivedIFP | constitutional-validity criminal-procedure due-process effective-assistance-of-counsel guilty-plea plea-agreement | Did the state court disregard this Court's precedent by upholding the constitutional validity of Petitioner's guilty plea despite recognizing the tria… |
| 24-7118 | Enrique Diaz v. Ricky Dixon, Secretary, Florida Department of Corrections, et al. | Florida | 2025-05-02 | Denied | IFP | amendment-violation constitutional-rights due-process habeas-corpus judicial-review plea-agreement | WHETHER THE THIRD DISTRICT'S DECISION DISALLOWING DIAZ'S USE OF THE GREAT WRIT OF HABEAS CORPUS TO PRESENT VALID AND UNBARRED CLAIMS VIOLATES DIAZ'S R… |
| 24-1073 | Ghislaine Maxwell v. United States | Second Circuit | 2025-04-14 | Denied | Amici (1) | contract-interpretation district-court federal-prosecutors plea-agreement prosecutorial-promise santobello-principle | Under Santobello and common principles of contract interpretation, does a promise on behalf of the "United States" or the "Government" that is made by… |
| 24-6814 | Jason Johnson v. United States | Sixth Circuit | 2025-03-20 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure illegal-sentence plea-agreement sentencing-law | While "jurisdictions appear to treat at least some claims as unwaivable" via an appeal waiver in a plea agreement, this Court has not yet had occasion… |
| 24-6630 | Amado De La Mora Cardenas v. United States | Ninth Circuit | 2025-02-24 | Denied | Response WaivedRelisted (2)IFP | appellate-waiver criminal-defendant district-court legal-error plea-agreement sentencing-guidelines | The question presented in this Petition for Writ of Certiorari is whether a criminal defendant may prospectively waive the right to appeal the Distric… |
| 24-6572 | Victor Rivera v. United States | Second Circuit | 2025-02-14 | Denied | Response WaivedIFP | appellate-review breach-of-agreement plain-error plea-agreement second-circuit sentencing | 1. Did the Second Circuit err by requiring Petitioner to object with specificity at sentencing and identify a particular provision of the plea agreeme… |
| 24-6575 | Marshall Ray Scarborough v. United States | Fourth Circuit | 2025-02-14 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement sentencing | Federal Rule of Criminal Procedure 11(b)(1)(N) requires that, before a district court accepts a plea of guilty, it must first "inform the defendant of… |
| 24-6543 | Devin Chaney v. United States | Fifth Circuit | 2025-02-11 | Pending | Response RequestedResponse WaivedRelisted (4)IFP | appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-agreement sentencing-error | Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and… |
| 24A773 | Munson P. Hunter, III v. United States | Fifth Circuit | 2025-02-11 | Presumed Complete | appeal-waiver circuit-split constitutional-challenge criminal-procedure plea-agreement sentencing-rights | (1) whether a defendant who agreed to waive his right to appeal may nonetheless challenge his sentence on constitutional grounds other than ineffectiv… | |
| 24-6505 | Jerome Jones v. United States | Fifth Circuit | 2025-02-07 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appeal-waiver circuit-split criminal-procedure plea-agreement sentencing-error statutory-right | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made errors as part of his plea agreemen… |
| 24A758 | Jonathan Stacy Berrier v. United States | Eighth Circuit | 2025-02-04 | Presumed Complete | criminal-procedure factual-basis interstate-travel plea-agreement sentencing-variance sex-offense | Question not identified. | |
| 24-6461 | David James Lack v. Dr. Posner, et al. | Ninth Circuit | 2025-02-03 | Denied | Response WaivedIFP | constitutional-rights due-process medical-treatment plea-agreement prison-conditions speedy-trial | 1. Was the Trial Court in Violation of the Plaintiffs State and Federal Speedy-Trial Rights. Plaintiff constantly asking for a speedy trial for over 4… |
| 24-6441 | David Joseph Bunevacz v. United States | Ninth Circuit | 2025-01-31 | Denied | Response WaivedIFP | criminal-history due-process government-breach plea-agreement sentencing-guidelines upward-variance | 1. Whether petitioner David Joseph Bunevacz's convictions should be reversed because the government breached the plea agreement, in violation of this … |
| 24A709 | Ghislaine Maxwell v. United States | Second Circuit | 2025-01-17 | Presumed Complete | circuit-split criminal-procedure district-court federal-jurisdiction plea-agreement prosecutorial-discretion | Question not identified. | |
| 24-6261 | Thaddeus J. Culpepper v. United States | Ninth Circuit | 2025-01-10 | Denied | Response WaivedIFP | appellate-waiver constitutional-rights guilty-plea plea-agreement pretrial-detention voluntariness | Does an appellate waiver in a plea agreement, that specifically excepts challenges to the voluntariness of a guilty plea, bar the appellate argument t… |
| 24A669 | Dajuan Martin v. United States | Fifth Circuit | 2025-01-08 | Presumed Complete | criminal-statute fifth-circuit firearm-possession plea-agreement prohibited-person sentencing | Question not identified. | |
| 24-6253 | Victor Clayton v. United States | Third Circuit | 2025-01-08 | Denied | Response WaivedIFP | criminal-procedure motion-to-dismiss motion-to-withdraw plea-agreement rule-12 sex-trafficking | 1. Did the district court err in denying defendant's motion to dismiss pursuant to federal Rule of Criminal Procedure 12 (b)(3) counts One and Two of … |
| 24-6215 | Liston Watson v. United States | Sixth Circuit | 2024-12-30 | Denied | Response WaivedIFP | 28-usc-2255 criminal-procedure effective-assistance-of-counsel federal-conviction plea-agreement post-conviction-relief | Whether the right to effective assistance of counsel attaches during a 28 U.S.C. § 2255 proceeding when counsel is communicating a plea agreement to t… |
| 24-6106 | In Re Freeman William Stanton | 2024-12-10 | Denied | IFP | concurrent-sentences guilty-plea ineffective-counsel mental-disability plea-agreement resentencing | 1. WHETHER OR NOT THE PETITIONER IS ENTITLED TO BE RESENTENCED IN ACCORDANCE WITH THE TERMS OF THE PLEA AGREEMENT THAT IN VOLVES A "QUID PRO QUO" AND … | |
| 24-6081 | Christopher Zamarripa v. United States | Fifth Circuit | 2024-12-05 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure effective-assistance-of-counsel plea-agreement sentencing sixth-amendment | WHETHER ZAMARRIPA WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT AS A RESULT OF HIS COUNSEL'S ADVICE THAT HE ACCEPT THE … |
| 24-6072 | John Rogers v. United States | Ninth Circuit | 2024-12-04 | Denied | Response WaivedIFP | criminal-procedure defendant-conduct Does U.S.S.G. §3E1.1 apply when a defendant has vo plea-agreement sentencing-guidelines sentencing-reduction voluntary-termination | 1. Whether the two clauses in 18 U.S.C. §924(c) creates two separate crimes or a single crime and whether the conflation of the elements of the two di… |
| 24-6060 | Albert Trampis Dogskin v. United States | Ninth Circuit | 2024-12-03 | Denied | Response WaivedIFP | appeal-waiver circuit-split false-information judicial-discretion plea-agreement sentencing-error | Whether there is an exception to an appeal waiver in a plea agreement where the district court relied on false or unreliable information in sentencing… |
| 24-590 | Brian Kelsey v. United States | Sixth Circuit | 2024-12-02 | Denied | Amici (1)Response Waived | appellate-review circuit-split error-preservation judicial-procedure plea-agreement preservation-standard | Under this Court's precedent and that of several circuit courts, an error of criminal law is preserved for appellate review if it was "brought to the … |
| 24-6011 | Harry Lee Goldsboro, II v. Florida | Florida | 2024-11-21 | Denied | IFP | constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement post-conviction | Question not identified. |
| 24A486 | Jeremy Young Hutchinson v. United States | Eighth Circuit | 2024-11-15 | Presumed Complete | ineffective-assistance plea-agreement prosecutorial-misconduct rule-11 sentencing-guidelines sentencing-recommendation | Question not identified. | |
| 24-5972 | Alex N. Morales-Velez v. United States | First Circuit | 2024-11-14 | Denied | Response WaivedIFP | criminal-procedure ineffective-assistance mandatory-minimum plea-agreement sentencing-recommendation strickland-standard | 1. Whether defense counsel's failure to object to the government's high-end sentencing recommendation —contrary to the terms of the plea agreement fol… |
| 24-5819 | Oscar Robinson v. United States | Eleventh Circuit | 2024-10-24 | Denied | Response WaivedIFP | appellate-review criminal-procedure plain-error plea-agreement sentencing substantial-rights | When a criminal defendant demonstrates that, but for the plain error raised on appeal, his sentence as to each of two separate counts would be differe… |
| 24-5794 | Juan Daniel Sierra-Jimenez v. United States | First Circuit | 2024-10-21 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | breach-of-agreement circuit-split plain-error-rule plea-agreement prejudice-prong sentencing-review | Whether a Circuit Split exists related to how lower courts examine Defendants' compliance with the third prong of the plain error rule (prejudice pron… |
| 24-5739 | Christopher Lee Parker v. United States | Fifth Circuit | 2024-10-10 | Denied | Response WaivedIFP | due-process fifth-amendment first-amendment internet-restriction plea-agreement supervised-release | Whether the Fifth Circuit erred by dismissing Mr. Parker's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 24-5714 | Gerardo Farias-Contreras v. United States | Ninth Circuit | 2024-10-07 | Denied | Response RequestedResponse WaivedRelisted (4)IFP | circuit-court-variation criminal-procedure government-breach plain-error-review plea-agreement sentencing-recommendation | Does "plain-error review" of a defendant's claim that the government breached a plea agreement focus on the "scope of the Government's commitments" to… |
| 24A319 | Hugo Rangel-Botello v. Texas | Texas | 2024-10-02 | Presumed Complete | counsel-performance criminal-procedure habeas-corpus ineffective-assistance plea-agreement sixth-amendment | Question not identified. | |
| 24-5685 | Okwuchukwu Jidoefor v. United States | Eighth Circuit | 2024-10-01 | Denied | Response WaivedIFP | circuit-court-interpretation contract-law criminal-procedure government-breach judicial-review plea-agreement | Whether the Eighth Circuit's holding that the government could cure its breach of a plea agreement in a criminal case can be cured by a partial retrac… |
| 24-5600 | Abimael Narvaez-Rosa v. United States | First Circuit | 2024-09-20 | Denied | Response WaivedIFP | criminal-procedure first-circuit incarceration-term judicial-breach plea-agreement sentencing-error | Whether the United States court of Appeals for the First Circuit erred in rejecting Narvaez-Rosa's claim of a procedural sentencing error, when the Un… |
| 24-5580 | Octavius Artis v. United States | Fourth Circuit | 2024-09-19 | Denied | Response WaivedIFP | career-offender criminal-procedure factual-basis plea-agreement sentencing-guidelines voluntary-plea | Whether the district court erred in sentencing Artis as a career offender where he did not have two prior controlled substance offenses required for a… |
| 24-5558 | Bryant D. Aron v. United States | Seventh Circuit | 2024-09-17 | Denied | Response WaivedIFP | fairness-doctrine federal-criminal-procedure judicial-discretion plea-agreement review-standard sentencing | 1) Plea agreements under Fed. R. Crim. P. 11(c)(1)(C) bind a district court if the court accepts the agreement. A district court can also reject the a… |
| 24-5490 | Eric Michael Corder v. Shawn Straughn, Superintendent, Northern Correctional Center | West Virginia | 2024-09-09 | Denied | IFP | constitutional-rights criminal-procedure defendant-hearing due-process legal-waiver plea-agreement | Is it Constitutional for a state to deny a defendant a hearing without the defendant formally waiving the hearing? Is it Constitutional for a defenda… |
| 24-5371 | In Re Eric Martin Matthews | 2024-08-22 | Denied | IFP | aedpa-constitutionality appellate-procedure habeas-corpus judicial-review plea-agreement subject-matter-jurisdiction | I. Is the Anti-Effective Death Penalty Act (AEDPA) still Constitutional after this Courts ruling in Jones v. Hendrixs? II. If subject matter jurisdic… | |
| 24-5313 | Tony Carr, aka Tony Carnell, aka Tony Coronel Carr, aka T-Bone v. United States | Ninth Circuit | 2024-08-13 | Denied | Response WaivedIFP | attorney-general-memorandum crack-cocaine criminal-procedure fifth-amendment plea-agreement sentencing-guidelines | On December 16, 2002 Attorney General Merrick Garland issued a memorandum, which directed prosecutors to charge "pertinent statutory quantities that a… |
| 24-5184 | Alexander Kates v. Julie Wolcott, Superintendent, Attica Correctional Facility, et al. | Second Circuit | 2024-07-31 | Denied | Response WaivedIFP | appellate-jurisdiction constitutional-law constitutional-validity habeas-corpus-petition ineffective-assistance-of-counsel judicial-review lackawanna-v-coss legal-procedure plea-agreement statutory-interpretation strickland-v-washington | Whether the Court of Appeals for the Second Circuit should have issued the petitioner a Certificate of Appealability. Whether this court's ruling in … |
| 24A71 | Travis Adam Brown v. United States | Fifth Circuit | 2024-07-22 | Presumed Complete | ammunition-charge criminal-conviction felon-in-possession fifth-circuit plea-agreement sentencing | Question not identified. | |
| 24-5082 | Adam Sprenger v. United States | Seventh Circuit | 2024-07-16 | Denied | Response WaivedIFP | change-in-law criminal-law due-process federal-statute legal-interpretation plea-agreement plea-bargaining sentencing statutory-interpretation | [Brief explanation of question] A defendant who him or herself alone engages in sexually explicit conduct without a minor's engagement is indicted … |
| 24-5054 | Amir Aqeel v. United States | Fifth Circuit | 2024-07-11 | Denied | Response WaivedIFP | bias culpability due-process equal-justice fairness Involuntary-Plea-Agreement mandatory-guidelines nationality nationality-bias plea-agreement religion sentencing sentencing-disparity Violation-of-Policy-5H1.10 | 1. **Sentencing Disparity:** Whether a significant disparity in the sentencing of co-defendants violates the principle of equal justice under the law,… |
| 24-5022 | Angela J. Wells v. Illinois | Illinois | 2024-07-09 | Denied | IFP | criminal-procedure domestic-violence due-process plea-agreement plea-bargain post-conviction-relief sentencing sentencing-relief statutory-interpretation victim-rights | 1. SHOULD THE PETITIONER BE ELIGIBLE FOR RELIEF SET FORTH IN 735 ILCS 5/2£-1401( (B-5) 2016 REGARDING DOMESTIC VIOLENCE VICTIM EVEN IF SHE AGREES TO A… |
| 23-7812 | Akohomen Ighedoise v. United States | Eleventh Circuit | 2024-06-27 | Denied | Response WaivedIFP | 18-usc-3553(a) abuse-of-discretion due-process judicial-discretion mitigating-factors plea-agreement post-sentencing-rehabilitation prosecutorial-conduct sentencing-guidelines sentencing-guidelines-departure substantive-rights | 1) Whether a Judge abuses his/her discretion when there is a determination that post-sentencing rehabilitative efforts are evidence of an attempt to d… |
| 23-7796 | Stewart Bitman v. United States | Eleventh Circuit | 2024-06-25 | Denied | Response WaivedIFP | 18-usc-2422(b) actual-innocence criminal-statute enticement ineffective-assistance ineffective-assistance-of-counsel minor minor-protection plea-agreement sentencing-guidelines statutory-interpretation | 1. Whether the Petitioner is actually innocent of the counts of conviction whereas, although the Petitioner actually committed, the acts stipulated in… |
| 23-1309 | Karnail Singh v. United States | Sixth Circuit | 2024-06-14 | Denied | Response Waived | breach-of-plea-agreement coram-nobis corum-nobis due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement relief sixth-amendment | Whether the denial of corum nobis relief was erroneous given that Petitioner suffered ineffective assistance of counsel. Whether the facts constitute… |
| 23-1288 | Nicholas Newman v. United States | Tenth Circuit | 2024-06-10 | Denied | actual-innocence assault-federal-officer collateral-attack-waiver criminal-law-procedure criminal-procedure federal-criminal-law habeas-corpus plea-agreement statutory-interpretation tenth-circuit | 1. Whether reasonable jurists could debate whether assault on a federal officer under 18 U.S.C. § 111 can be committed by reckless contact with anothe… | |
| 23-7630 | Jamaal Elwood Dance v. United States | Fourth Circuit | 2024-06-04 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure constitutional-law contract-law criminal-procedure judicial-enforcement jurisdiction plea-agreement | WAS THE APPEAL BARRED BY THE APPEAL WAIVER IN THE PLEA AGREEMENT, I.E. SHOULD THE COURT OF APPEALS HAVE ENFORCED AND THUS APPROVED THE APPEAL WAIVER? |
| 23-7606 | Tommy Tate Collins v. United States | Eighth Circuit | 2024-05-31 | Denied | IFP | criminal-procedure district-court fair-and-just-standard government-breach judicial-discretion plea-agreement remedy santobello-v-new-york sentencing-remedy | 1. What is the appropriate test or what factors should a district court consider when determining the appropriate remedy, after an appellate court has… |
| 23-7595 | Daniel Levi v. United States | Ninth Circuit | 2024-05-30 | Denied | Response WaivedIFP | appellate-waiver criminal-appeal due-process liberty-interest ninth-circuit plea-agreement sentencing-guidelines voluntary-consent | The Ninth Circuit dismissed Mr. Levi's criminal appeal due to an appellate waiver in the plea agreement. Mr. Levi argues that the appellate waiver in … |
| 23-7573 | Ryan Edward Offineer v. United States | Tenth Circuit | 2024-05-29 | Denied | Response WaivedIFP | access-to-courts,equal-protection,right-to-counsel collateral-attack-waiver conclusory-pleadings,vague-pleadings,precedent constitutional-rights disparate-plea-terms,sentencing,eighth-amendment due-process equal-protection inaccurate-information,administrative-remedy,prese ineffective-assistance ineffective-assistance,defensive-strategies,guilty meritless-appeal,futile-appeal,right-to-appeal plea-agreement warrantless-search,computer-evidence,search-warran | 1) Do additional restrictions, such as Strickland, imposed in the standard collate ral attack waiver that are not specifically stated anywhere in Mr.… |
| 23-7590 | Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2024-05-29 | Denied | IFP | brady-violation capital-punishment certificate-of-appealability due-process false-testimony habeas-corpus miller-el-standard plea-agreement prosecutorial-misconduct rule-60-motion | (1) Where two judges on the lower court panel found that "no reasonable jurist could conclude that the district court abused its discretion" in denyin… |
| 23A1064 | Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections | Eleventh Circuit | 2024-05-29 | Denied | capital-trial due-process false-testimony habeas-corpus plea-agreement prosecutorial-misconduct | Whether the District Court abused its discretion in denying Mr. Mills' Motion for Relief from Judgment pursuant to Federal Rule of Civil Procedure 60,… | |
| 23-7571 | Corey Goings v. United States | Sixth Circuit | 2024-05-28 | Denied | Response WaivedIFP | appeal-rights appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining racial-discrimination sentencing | I. Whether the Plea Agreement's general waiver of appeal rights included a waiver of appealing a sentence based on the impermissible factor of race. |
| 23A1055 | Lani Lucas Limane, aka Lukasz Chad Limane v. United States | Fifth Circuit | 2024-05-28 | Presumed Complete | aggravated-identity-theft double-jeopardy enumerated-offense fifth-amendment plea-agreement wire-fraud | Question not identified. | |
| 23-7542 | Anthony Obute v. United States | Fifth Circuit | 2024-05-22 | Denied | Response WaivedIFP | appellate-rights appellate-waiver controlled-substance criminal-procedure pharmacy-operations plea-agreement sentencing-enhancement statutory-interpretation | Does a defendant's waiver of appellate rights in a plea agreement, which explicitly reserves the right to challenge the constitutionality of a statute… |
| 23-7477 | Joseph Ira Patterson, III v. United States | Fourth Circuit | 2024-05-15 | Denied | Response WaivedIFP | appeal appellate-jurisdiction criminal-appeal criminal-procedure drug-possession due-process plea-agreement plea-bargain sentencing sentencing-enhancement waiver waiver-of-rights | Whether a provision in a plea agreement which bars a defendant from appealing "any sentence of imprisonment" can be knowingly entered into well before… |
| 23-1193 | Favion Lara v. Nebraska | Nebraska | 2024-05-06 | Denied | Response Waived | breach-of-agreement criminal-procedure due-process government-breach plea-agreement police prosecutor prosecutorial-promise sentencing | Where a plea agreement includes the prosecutor's promise that the State will recommend a particular sentence, does a police officer's recommendation o… |
| 23-7265 | Nicholas Stewart Hines v. South Dakota | South Dakota | 2024-04-19 | Denied | Response WaivedIFP | criminal-procedure double-jeopardy due-process fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-considerations sixth-amendment | 1.) WHETHER THE SIXTH AND FOURTEENTH AMENDMENTS PERMIT GREATER INCLUDED OFFENSES AND CONDUCT THAT HAS BEEN ACQUITTED BY A JURY, OR DISMISSED PURSUANT … |
| 23-7223 | Daquan Doral Carter v. United States | Fourth Circuit | 2024-04-15 | Denied | Response WaivedIFP | appeal-waiver arraignment criminal-procedure district-court due-process merits-review plea-agreement plea-bargaining rule-11 sentencing | Can the Government invoke an appeal waiver to preclude merits review of an appeal when the district court failed to specifically question the defendan… |
| 23-7226 | Michael Lee Villamonte v. United States | Ninth Circuit | 2024-04-15 | Denied | Response WaivedRelisted (2)IFP | appellate-waiver circuit-split criminal-procedure due-process federal-courts miscarriage-of-justice plea-agreement plea-bargaining | Did the Ninth Circuit's disposition of Petitioner's request to recognize a miscarriage of justice exception to the appellate waiver doctrine conflict … |
| 23-7199 | In Re Joseph R. Dickey | 2024-04-11 | Denied | IFP | 28-usc-2241 28-usc-2254 28-usc-2255 actual-innocence federal-prisoners habeas-corpus plea-agreement plea-bargaining prosecutorial-discretion statutory-interpretation | Does 28 U.S.C. 2241(b)(1)'s requirement that "a claim presented in a second or successive habeas corpus application under 2254 [28 U.S.C. 2254] that w… | |
| 23A866 | Nicholas Newman v. United States | Tenth Circuit | 2024-03-28 | Presumed Complete | assault-statute collateral-attack-waiver federal-officer mens-rea plea-agreement recklessness | 1. Whether reasonable jurors could debate whether assault against a federal officer under 18 U.S.C. § 111 can be committed with a mens rea of reckless… | |
| 23-7035 | Anderson Garcia v. United States | Second Circuit | 2024-03-20 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing | Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi… |
| 23A853 | Christopher Dominguez v. United States | Tenth Circuit | 2024-03-20 | Presumed Complete | collateral-review crime-of-violence first-step-act ineffective-assistance plea-agreement section-924c | Question not identified. | |
| 23-1022 | Nancy Martin v. United States | Tenth Circuit | 2024-03-18 | Denied | Amici (1) | appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining | Federal Rule of Criminal Procedure 11(b)(3) requires a district court to "determine that there is a factual basis" for a guilty plea before accepting … |
| 23-7002 | Ayoob Wali v. United States | Fifth Circuit | 2024-03-15 | Denied | Response WaivedIFP | appellate-review criminal-procedure federal-courts federal-criminal-law miscarriage-of-justice plea-agreement plea-bargaining sentencing waiver-of-appeal | Should the court of appeals below recognize a fundamental-miscarriage of-justice exception to a waiver-of-appeal provision of a federal criminal defen… |
| 23-7003 | Kenneth Malik Wise v. United States | Fourth Circuit | 2024-03-15 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process fourth-circuit knowingly-waived plea-agreement sentencing sentencing-argument | Did the United States Court of Appeals for the Fourth Circuit err by concluding that Appellant Kenneth Malik Wise knowingly and voluntarily waived his… |
| 23-6863 | Rena Bilbro v. Education Professional Standards Board | Kentucky | 2024-02-29 | Denied | Relisted (2)IFP | administrative-agency administrative-hearing civil-rights due-process plea-agreement professional-conduct professional-standards right-to-counsel teacher-license-revocation teaching-license | 1. Whether a tenured teacher is entitled to appointed counsel, if she cannot afford counsel, to challenge the revocation of her teaching license. 2. … |
| 23-6756 | Kenneth J. Coleman v. United States | Fifth Circuit | 2024-02-15 | Denied | Response WaivedIFP | competency-hearing confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency pate-v-robinson plea-agreement | 1). Is the petitioner constitutionally entitled to a hearing upon the issue of his competency to stand trial. Was the petitioner tried, convicted and… |
| 23-6754 | Rodwick F. Abadam v. United States | Ninth Circuit | 2024-02-14 | Denied | Response WaivedIFP | 2nd-amendment appellate-review appellate-waiver constitutional-violation miscarriage-of-justice plea-agreement second-amendment sentencing sentencing-error | 1. Did the Ninth Circuit err when it failed to find that sentencing errors that violated Mr. Abadam's Second Amendment rights can amount to a "miscarr… |
| 23-6425 | Christopher Daniel Taylor v. United States | Eighth Circuit | 2024-01-08 | Denied | Response WaivedRelisted (2)IFP | brady-v-maryland brady-waiver criminal-procedure criminal-proceedings direct-appeal due-process fifth-amendment plea-agreement sentencing sentencing-phase | Whether the Fifth Amendment's Due Process Clause permits courts to find a plea agreement waiver that is silent as to Brady v. Maryland, 373 U.S. 83 (1… |
| 23-720 | Omar Ahmed Khadr v. United States | District of Columbia | 2024-01-04 | Denied | Amici (1) | appellate-waiver circuit-split criminal-conduct direct-appeal judicial-decision plea-agreement statutory-interpretation | Plea agreements often include a general waiver of the right to appeal. Circuits are divided over whether the inclusion of such a term bars a defendant… |
| 23-6405 | Brian K. Allen v. United States | Eighth Circuit | 2024-01-03 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process evidentiary-hearing federal-circuit fundamental-rights plea-agreement sentencing sentencing-procedure | 1. Whether the near consensus Federal Circuit Courts of Appeals' application of plea agreement appeal waivers as to subsequent sentencing proceedings,… |
| 23-6392 | Phillip Watkins v. United States | Sixth Circuit | 2023-12-28 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment | QUESTON NUMBER ONE; Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regar… |
| 23-6375 | Mark E. Sells v. United States | Tenth Circuit | 2023-12-27 | Denied | Response WaivedIFP | appellate-procedure circuit-court-precedent constitutional-rights dismissal-of-appeal due-process federal-rules-of-appellate-procedure plea-agreement supreme-court-precedent tenth-circuit-court united-states-supreme-court-law | Question #1: Did the United States Tenth Circuit Court of Appeals, violate Sells' Right to 'Due Process' and 'access to a Court of Law' guaranteed by … |
| 23-692 | Zachariah Minix v. Kentucky | Kentucky | 2023-12-27 | Denied | Response Waived | abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal | Petitioner, Zachariah M. Minix (Minix), appeals as a matter of right from an Adair County Circuit Court Judgment and Sentence on Plea of Guilty that i… |
| 23A590 | Stephen Christopher Plunkett v. United States | Fifth Circuit | 2023-12-27 | Presumed Complete | ineffective-assistance plea-agreement prosecutorial-misconduct right-to-counsel sentencing-enhancement sixth-amendment | Question not identified. | |
| 23-6165 | Jesus Del Valle Gonzalez-Rodriguez v. United States | First Circuit | 2023-12-05 | Denied | Response WaivedIFP | appeal-waiver brief-filing burden-of-proof court-of-appeals criminal-procedure due-process government-defense opening-brief plea-agreement reply-brief | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-6121 | Jemare Ray McNair, aka Head v. United States | Fourth Circuit | 2023-11-28 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers career-offender criminal-law criminal-procedure due-process federal-sentencing plea-agreement plea-bargaining sentencing sentencing-enhancement | WHETHER CAREER OFFENDER STATUS SHOULD BE SUBJECT TO APPEAL WAIVERS IN PLEA AGREEMENTS WHERE A DEFENDANT HAS A LEGITIMATE ARGUMENT THAT HE WAS NOT A CA… |
| 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… |
| 23-6018 | Calvin F. Currica v. Richard Miller, Warden | Fourth Circuit | 2023-11-15 | Denied | Response WaivedIFP | brady-standard brady-vs-maryland criminal-procedure due-process fourth-circuit guidelines judicial-review plea-agreement plea-bargaining post-conviction-review sentencing sentencing-guidelines | Whether the decision below should be summarily reversed because the Fourth Circuit substituted its judgment for an erroneous factual decision by the s… |
| 23-5978 | Brian Keith Person, Jr. v. United States | Fourth Circuit | 2023-11-08 | Denied | Response WaivedIFP | appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness | Whether the Fourth Circuit Erred By Dismissing Mr. Person's Appeal Pursuant to An Appeal Waiver When He Argued that His Plea was Not Knowing and Volun… |
| 23-5834 | Herbert Johnson v. United States | Ninth Circuit | 2023-10-18 | Denied | Response WaivedIFP | 18-usc-924c appellate-waiver categorical-analysis criminal-procedure illegal-conviction illegal-sentence jurisdictional-challenge plea-agreement statutory-interpretation | For convictions and sentences to stand, they must not violate the Constitution. Challenges to illegal 18 U.S.C. § 924(c) convictions necessarily encom… |
| 23-5790 | Brock Brian Beeman v. United States | Fourth Circuit | 2023-10-16 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure due-process fourth-circuit notice-requirements plea-agreement rule-32 sentencing sentencing-notice | Did the Fourth Circuit err in upholding the Petitioner's appeal waiver to preclude his claim that the trial court violated the notice provisions of Ru… |
| 23A319 | Omar Ahmed Khadr v. United States | District of Columbia | 2023-10-12 | Presumed Complete | appellate-waiver circuit-split material-support-for-terrorism military-commission-review military-commissions-act plea-agreement | Question not identified. | |
| 23-5764 | Kevin Lynn Tucker v. United States | Eighth Circuit | 2023-10-11 | Denied | Response WaivedIFP | criminal-procedure due-process nolle-prosequi nolle-prossed plea-agreement pretrial-detention sentencing sentencing-credit substantive-reasonableness waiver | 1. Whether the District Court's failure to give credit in sentencing for state pretrial detention on subsequently nolle prossed "related" charges crea… |
| 23-5734 | Lawrence Flack v. United States | Sixth Circuit | 2023-10-10 | Denied | Response WaivedIFP | appellate-waivers constitutional-rights double-jeopardy guilty-plea ineffective-assistance ineffective-counsel plain-error plea-agreement | Whether Appellant counsel Anders brief was inadequate were evidence exist that Appellant Constitutional rights were violated, double jeopardy rightsI.… |
| 23-5736 | In Re Travis J. Guttu | 2023-10-10 | Denied | IFP | actual-innocence aedpa-deadline criminal-procedure due-process habeas-corpus ineffective-assistance plea-agreement plea-bargaining procedural-innocence | 1. Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place? … | |
| 23-5739 | Daniel Ray Metsinger v. United States | Fifth Circuit | 2023-10-10 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver | Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement. |
| 23-5688 | Angel Marie Jordan v. United States | Fifth Circuit | 2023-10-02 | Denied | Response WaivedRelisted (2)IFP | appeal-waiver constitutional-challenge criminal-justice criminal-procedure double-jeopardy due-process plea-agreement right-to-appeal | This Court has recognized that an appeal waiver in a plea agreement cannot bar a challenge when a conviction, or sentence, is based on "constitutional… |
| 23-5550 | Joseph Jones v. United States | Eleventh Circuit | 2023-09-08 | Denied | Response WaivedIFP | appeal-waiver circuit-court civil-procedure contractual-law due-process plea-agreement sentence-appeal-waiver sentencing standing | Whether the Appellant's rights were violated when the Eleventh Circuit Court of Appeals enforced a sentence appeal waiver in a plea agreement that was… |
| 23-5435 | Marques Webb v. United States | Fifth Circuit | 2023-08-24 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver | Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 23-5353 | Chandra Modugumudi v. United States | Seventh Circuit | 2023-08-15 | Denied | Response WaivedIFP | 1st-amendment 6th-amendment constitutional-violation due-process ineffective-assistance-of-counsel ineffective-counsel language-barrier plea-agreement prosecutorial-misconduct sixth-amendment-rights | Relief under appeal, the jurisdiction is ready for appeal as she applied for appeal within 14 days of sentencing she was sentenced on 06-24-2022. It i… |
| 23-5320 | Curtis Lavon Magee v. United States | Fifth Circuit | 2023-08-09 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 23-5208 | Jason Boudreau v. United States | First Circuit | 2023-07-26 | Denied | Response WaivedIFP | abuse-of-discretion constitutional-rights criminal-procedure due-process first-amendment fourth-amendment plea-agreement search-and-seizure search-condition sentencing sentencing-enhancement | 1. Whether the District Court's decision to subject the Petitioner to a lifetime suspicionless search condition that lacks any limitations at all vio… |
| 23-5172 | Jose Antonio Deleon-Juarez v. United States | Ninth Circuit | 2023-07-21 | Denied | Response WaivedIFP | circuit-split plain-error plain-error-review plea-agreement prosecutor-breach prosecutorial-breach sentencing substantial-rights | Under plain error review, does a prosecutor's breach of a plea agreement affect a defendant's substantial rights unless the record contains evidence t… |
| 23-5174 | Dionte Houff v. United States | Ninth Circuit | 2023-07-21 | Denied | Response WaivedIFP | appeal-waiver circuit-split constitutional-statute jurisdiction plea-agreement retroactive-application statutory-and-constitutional-issues supreme-court-precedent waiver-of-appeal | Can a plea agreement that contains a waiver of appeal bar a direct appeal of a conviction and/or sentence based on a statute that this Court later rul… |
| 23-5150 | Augustus Quintrell Light v. United States | Eighth Circuit | 2023-07-20 | Denied | Response WaivedIFP | constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error | WHETHER ON ONE'S, DID THE EIGHTH CIRCUIT COURT OF APPEALS COMMIT ERROR IN FINDING THAT THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN DENYING PETI… |
| 23-5140 | Ralph Castillo v. Richard Martinez, Warden, et al. | New Mexico | 2023-07-19 | Denied | IFP | aggravating-circumstances criminal-rights due-process jury-determination jury-trial plea-agreement plea-bargaining sentencing-enhancement sentencing-procedure sixth-amendment | 1. Was it proper for the State to intentionally mislead the court when it required that petitioner show the presumption of equality when the real issu… |
| 23-5121 | Kyle Ross Rivers v. United States | Fifth Circuit | 2023-07-18 | Denied | Response WaivedIFP | appeal constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining sentence-appeal sentencing waiver waiver-of-rights | 1. Whether a defendant, consistent with the Due Process Clause, can waive the right to appeal his sentence knowingly when his purported waiver occurs … |
| 23-5059 | Savon Hardaway v. United States | Fourth Circuit | 2023-07-07 | Denied | Response WaivedIFP | career-offender criminal-procedure felon-in-possession guilty-plea harmless-error mens-rea plea-agreement rehaif-advisement rehaif-v-united-states sentencing-error | I. Mr. Hardaway pleaded guilty to a felon in possession charge. The district court arraigned Mr. Hardaway after this Court's decision in Rehaif v. Uni… |
| 23-5004 | Gregory L. Randle v. United States | Fifth Circuit | 2023-06-30 | Denied | Response WaivedIFP | appeal-waiver appellate-jurisdiction appellate-review criminal-procedure due-process fifth-circuit plea-agreement plea-bargaining procedural-waiver right-to-appeal waiver | Whether the Fifth Circuit erred by dismissing Mr. Randle's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7840 | Cordelro Desean Shoulders v. United States | Fifth Circuit | 2023-06-22 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7804 | Ricky Simmonds v. United States | Sixth Circuit | 2023-06-16 | Denied | Response WaivedIFP | breach-of-contract constitutional-law contract-law criminal-procedure district-court due-process offense-level plea-agreement sentencing sentencing-hearing | Whether the United States of America breaches a negotiated plea agreement when it fails to affirmatively state at the Sentencing hearing that the stip… |
| 22-7759 | Shirley Douglas v. United States | Sixth Circuit | 2023-06-12 | Denied | Response WaivedIFP | administrative-law civil-rights constitutional-protection contract contract-law due-process government-intrusion medical-consent medical-privacy plea-agreement privacy | 1. IS A PLEA PROFFER AGREEMENT AND DEFENSE COUNSEL RETAINER FEE AGREEMENT LEGAL ENFORCEABLE CONTRACTS? DOES THE UNITED STATES CONSTITUTION ARTICLE ONE… |
| 22-7729 | William J. Sears v. United States | Tenth Circuit | 2023-06-07 | Denied | Response WaivedIFP | certificate-of-appealability criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement section-2255 | Did the Court of Appeals err when it denied my Motion for Certificate of Appealability? Did the District Court err when it denied my § 2255 petition … |
| 22-7599 | Curtis Marcel Barnette v. United States | Fourth Circuit | 2023-05-19 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver | DOES IT VIOLATE DUE PROCESS FOR A DEFENDANT TO BE REQUIRED TO WAIVE HIS RIGHT TO APPEAL IN ORDER TO ENTER INTO AN OTHERWISE FAVORABLE PLEA AGREEMENT W… |
| 22-7584 | Kahliq Williams v. United States | Fifth Circuit | 2023-05-17 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process plea-agreement policy-concerns sentencing-errors | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7587 | John Wayne Spell v. United States | Fifth Circuit | 2023-05-17 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review plea-agreement procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Spell's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7569 | Andrew Payton v. United States | Fifth Circuit | 2023-05-16 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors voluntary-forfeiture | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7553 | Ivory Joe Tisdale v. United States | Fourth Circuit | 2023-05-15 | Denied | Response WaivedIFP | appellate-rights constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver | DOES IT VIOLATE DUE PROCESS FOR A DEFENDANT TO BE REQUIRED TO WAIVE HIS RIGHT TO APPEAL IN ORDER TO ENTER INTO AN OTHERWISE FAVORABLE PLEA AGREEMENT W… |
| 22-7536 | Mark D. Sievers v. Florida | Florida | 2023-05-12 | Denied | IFP | closing-argument due-process fair-trial jury-instruction plea-agreement polygraph prosecutorial-misconduct witness-credibility | At Petitioner's trial for the murder of his wife, the state prosecutor proceeded under a murder-for-hire theory that relied entirely on the testimony … |
| 22-7417 | Keanan Dequez Bond v. United States | Fourth Circuit | 2023-05-01 | Denied | Response WaivedIFP | compassionate-release criminal-procedure district-court due-process equal-protection fourteenth-amendment plea-agreement sentencing | Whether the court of appeals violated the defendant's Fourteenth Amendment right to equal protection where the district court in a motion for compassi… |
| 22-7286 | Vonteak Alexander v. Jane Doe, et al. | Ninth Circuit | 2023-04-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | contract-law criminal-procedure defendant-rights due-process judicial-discretion legal-reformation mistake-of-law mutual-mistake plea-agreement | May a court reform an accepted, valid, federal plea agreement containing a mutual mistake of law to circumvent the mistake to the defendant's prejudic… |
| 22-7245 | Paul DiBiase v. United States | Second Circuit | 2023-04-10 | Denied | Response WaivedIFP | armed-career-criminal due-process plea-agreement post-conviction post-conviction-review sentencing sentencing-enhancement violent-felony waiver-of-rights | Petitioner was sentenced as an Armed Career Criminal (ACC) over his protests that he did not have three prior violent felony convictions as required f… |
| 22-7226 | Travis J. Guttu v. Chris S. Buesgen, Warden | Seventh Circuit | 2023-04-06 | Denied | Response WaivedIFP | actual-innocence aedpa-deadline due-process ineffective-assistance miscarriage-of-justice no-trial plea-agreement procedural-innocence record sixth-amendment-right | 1. Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place? … |
| 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… | |
| 22-7076 | Servando Pineda-Valdez v. United States | Fifth Circuit | 2023-03-23 | Denied | Response WaivedIFP | acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari | Should a writ of certiorari be granted since Servando-Pineda 's title 28 U.S.C. § 2255 motion sufficiently alleged constitutional claims violations du… |
| 22-6992 | Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. | Fifth Circuit | 2023-03-10 | Denied | IFP | criminal-procedure due-process felony-classification involuntary-plea parole parole-revocation plea-agreement plea-bargaining prison-sentence rehabilitation sentencing street-time | IS IT LEGAL TO START A PRISON SENTENCE, THEN STOP IT AND THEN RE START IT BY ADDING MORE YEARS? IS IT LEGAL TO REVOKE STREET TIME ON PAROLE WHEN IT C… |
| 22-6970 | Jeffrey Kesten v. United States | Tenth Circuit | 2023-03-08 | Denied | Response WaivedIFP | appeal-waiver constitutional-law criminal-procedure due-process judicial-enforcement mens-rea plea-agreement | (1) Can a court enforce an appeal waiver from a plea agreement when the defendant was not informed of and did not plea to the proper mens rea element … |
| 22-6916 | Carlos Mejia-Quintanilla v. United States | Ninth Circuit | 2023-03-06 | Denied | Response WaivedIFP | appellate-review appellate-waiver constitutional-challenge constitutional-law criminal-conviction criminal-procedure due-process jurisdiction jurisdictional-claim plea-agreement plea-bargaining summary-enforcement | L. The first question for this Court's review is whether courts can summarily enforce an appellate waiver to bar motions to vacate convictions that ar… |
| 22-6909 | Curtis Lynn Fauber v. Ronald Davis, Warden | Ninth Circuit | 2023-03-02 | Denied | IFP | curative-instructions donnelly-v-dechristoforo due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility | At Curtis Fauber's trial, the prosecution relied on the testimony of two accomplices to secure his conviction and death sentence. Sensing that his key… |
| 22-6838 | Demetri D. Beachem, aka Demetrius D. Beachem v. United States | Seventh Circuit | 2023-02-22 | Denied | Response WaivedRelisted (9)IFP | appeal-waiver criminal-procedure criminal-sentencing due-process ineffective-assistance-of-counsel involuntary-plea miscarriage-of-justice plea-agreement plea-bargaining sentencing-guidelines | Whether a court can take into account exceptions binding it to accord precedent over objections to a prior court's authority to decide. Whether a cou… |
| 22-6789 | Juan Francisco Turcios v. Texas | Texas | 2023-02-15 | Denied | IFP | compensation criminal-procedure due-process illegal-confinement judicial-discretion judicial-misconduct plea-agreement plea-bargain sentencing sentencing-error | (1) On A April 9,2012 after all parties approved and signed the plea bargain agreement documents ,and Hon.Judge Teresa Hawthorne approved and. accep… |
| 22-746 | Damion Kentrell White v. United States | Fifth Circuit | 2023-02-09 | Denied | Response Waived | 28-usc-2255 due-process federal-procedure habeas-corpus plea-agreement sentencing statutory-maximum | Whether due process requires that a provision in a plea agreement waiving the right to file a motion to vacate sentence under 28 U.S.C. § 2255 be cons… |
| 22-6702 | Jason Boyet v. United States | Fifth Circuit | 2023-02-06 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors waiver-enforceability | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-6704 | Angel Vazquez-Figueroa v. United States | First Circuit | 2023-02-06 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure individualized-assessment judicial-discretion plain-error plain-error-review plea-agreement section-3553a-factors sentencing sentencing-discretion | Question not identified. |
| 22-6453 | Mario Torres v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation | Ninth Circuit | 2023-01-04 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process eyewitness-identification habeas-corpus plea-agreement plea-bargain post-conviction-relief prosecutorial-misconduct right-to-counsel sentencing | reneged on the plea bargain. Whether the District Court is bound by the original plea-agreement. Petitioner was resentenced. Whether a restitution h… |
| 22-6426 | Delano Marco Medina v. United States | Tenth Circuit | 2022-12-30 | Denied | Response WaivedIFP | breach-of-contract civil-rights conflict-of-interest constitutional-rights ineffective-assistance ineffective-counsel plea-agreement right-to-counsel sixth-amendment speedy-trial strickland-standard | The Right to Counsel. The Sixth Amendment guarantees criminal I. defendant 's the right to effective assistance of counsel. Medina 's counsel failed t… |
| 22-6303 | Steven Riad Jalloul v. United States | Fifth Circuit | 2022-12-14 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing due-process fifth-circuit judicial-discretion plea-agreement plea-bargaining restitution sentencing statutory-interpretation | This Court should grant this petition to address the degree of specificity re-quired for the language in a defendant's plea agreement to be construed a… |
| 22-6289 | Kevin Singleton v. United States | Fifth Circuit | 2022-12-13 | Denied | Response WaivedIFP | appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver | Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements. |
| 22-6216 | Jonny Shineflew v. United States | Ninth Circuit | 2022-12-05 | Denied | Response WaivedRelisted (2)IFP | criminal-procedure guideline-offense integrated-agreement plea-agreement prosecutor prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines | Whether an integrated plea agreement that specifically identifies Guideline offense levels and specific offense characteristics on which the parties a… |
| 22-6106 | David Shane Paquette v. United States | Eleventh Circuit | 2022-11-18 | Denied | Response WaivedIFP | appeal-waiver circuit-split contract-law criminal-procedure defendant-rights due-process plea-agreement | Whether an appeal-waiver provision in a plea agreement is enforceable when the agreement provides the defendant with no benefit. |
| 22-6108 | Jose Luis Ramirez, Jr., aka Zachary Matthew Johnson v. United States | Fourth Circuit | 2022-11-18 | Denied | Response WaivedIFP | appeal-waiver criminal-conviction criminal-procedure fourth-circuit ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud | 1. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF HIS CONVICTION OF SECU… |
| 22-5890 | Ronald William Brooks v. United States | Fifth Circuit | 2022-10-24 | Denied | Response WaivedIFP | appellate-waiver constitutional-challenge constitutional-law criminal-procedure due-process habeas-corpus miscarriage-of-justice plea-agreement plea-bargaining post-conviction-relief section-2255 | Whether the boilerplate waiver of Petitioner's appellate and post-conviction rights contained within his plea agreement bars his claim under 28 U.S.C.… |
| 22-5865 | Charles Smith v. United States | Ninth Circuit | 2022-10-18 | Denied | Response WaivedIFP | appeal appellate-procedure criminal-conviction criminal-procedure jurisdiction jurisdictional-defect ninth-circuit plea-agreement sentencing waiver | Whether the Ninth Circuit erred in dismissing the appeal when Mr. Smith's plea agreement contains a count of conviction and resulting sentence that is… |
| 22-5446 | Jose Francisco Maldonado-Rosa v. United States | Fifth Circuit | 2022-08-25 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement sentencing waiver waiver-of-rights | Whether the Fifth Circuit erred by ruling that Mr. Maldonado waived the right to appeal his sentence because of the Waiver of Appeal provision in his … |
| 22-5248 | Douglas A. Hoglan v. Virginia | Virginia | 2022-08-02 | Denied | IFP | constitutional-violation criminal-procedure due-process extrinsic-fraud fifth-amendment miranda-rights plea-agreement plea-bargain procedural-safeguards right-to-counsel right-to-due-process | Did the extrinsic fraud which deprived Hooper of knowing of the existence of, and effectively having access to, the recordings of his police interroga… |
| 22-64 | Samuel Arrington v. City of Los Angeles, California, et al. | Ninth Circuit | 2022-07-25 | Denied | Response Waived | civil-rights due-process excessive-force false-arrest false-imprisonment habeas-corpus heck-doctrine plea-agreement | 1. Whether Heck applies to a former prisoner who was ineligible to challenge his subsequent conviction through federal habeas while he was incarcerate… |
| 22-5135 | Joshua Jay Schroeder v. United States | Ninth Circuit | 2022-07-19 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure federal-rules plea-agreement right-to-appeal sentencing | Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to … |
| 22-5107 | Marcus Dwayne Pemberton v. United States | Fourth Circuit | 2022-07-14 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure miscarriage-of-justice plea-agreement plea-agreements sentencing-guideline sentencing-guidelines | SHOULD STANDARDS OTHER THAN THE KNOWING AND VOLUNTARY WAIVER STANDARD OF BRADY V. UNITED STATES GOVERN THE ENFORCEMENT OF APPEAL WAIVERS IN PLEA AGREE… |
| 22-5103 | Chico Jermell Carraway v. United States | Third Circuit | 2022-07-13 | Denied | Response WaivedIFP | 2255-motion 28-usc-2255 evidentiary-hearing ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 rule-11-procedure sentencing sentencing-hearing | When a defendant alleges with supporting evidence that he pleaded guilty based on an unkept promise of counsel concerning sentencing, is he entitled t… |
| 22-5060 | Fred Auston Wortman, III v. Tennessee Board of Parole, et al. | Sixth Circuit | 2022-07-11 | Denied | Response WaivedIFP | alford-plea civil-procedure complaint-dismissal due-process inferences judicial-procedure plea-agreement pleadings standard-of-review summary-dismissal summary-judgment | 1. Whether the District Court erred by summarily dismissing Petitioner's Complaint by failing to accept as true all of Petitioner's factual allegation… |
| 22-5018 | Michael Allen Long v. United States | Fifth Circuit | 2022-07-01 | Denied | Response WaivedIFP | appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver | Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement. |
| 22-5007 | Lann Tjuan Clanton, aka Tjuan v. United States | Fourth Circuit | 2022-06-30 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure federal-sting federal-sting-operation fourth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-agreement | I. WHETHER, AFTER WINNING THE RIGHT TO FILE A BELATED APPEAL DUE TO COUNSEL'S INEFFECTIVENESS FOR FAILING TO FILE A NOTICE OF APPEAL, THE FOURTH CIRCU… |
| 21-8236 | Edward Toliver v. United States | Fifth Circuit | 2022-06-27 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process fair-trial fairness-doctrine plea-agreement sentencing-guidelines | Are plea agreement appeal waivers that forfeit a criminal defendant's right to challenge errors in the district court's interpretation and application… |
| 21-1551 | Jamar E. Plunkett v. Dan Sproul | Seventh Circuit | 2022-06-10 | Denied | ambiguity contract-interpretation criminal-procedure defendant-rights due-process judicial-interpretation plea-agreement rule-of-lenity statutory-interpretation | Whether a plea agreement that is subject to more than one reasonable interpretation must be interpreted in the defendant's favor. | |
| 21-8109 | Eric Ray Smith v. United States | Fifth Circuit | 2022-06-09 | Denied | Response WaivedIFP | or whether the court of appeals should first cons ambiguity contract-interpretation cooperation-agreement criminal-procedure government-as-drafter judicial-construction plain-error-review plea-agreement statutory-interpretation | Whether a reasonable ambiguity in a cooperation or plea agreement necessarily defeats a defendant's claim of breach on plain error review, or whether … |
| 21-8081 | Moses Clark v. California | California | 2022-06-07 | Denied | Relisted (2)IFP | civil-rights constitutional-violation criminal-procedure double-jeopardy due-process fourteenth-amendment fourth-amendment habeas-corpus plea-agreement preliminary-hearing prosecutorial-misconduct | 1. Review should be granted, beause the state court failed to bring the defendant before the magistrate within 48-hours after arrest, violating The Fo… |
| 21-7987 | Keith Rose v. United States | Ninth Circuit | 2022-05-27 | Denied | Response WaivedIFP | civil-rights collateral-review criminal-conviction criminal-procedure due-process habeas-corpus judicial-review plea-agreement plea-bargaining standing | 1. In Class v. United States, 138 S. Ct. 798 (2018), this Court held that a plea of guilty, without more, does not prevent an individual from having h… |
| 21-7998 | Lamar Daniel Ron Wilson v. Dexter Payne, Director, Arkansas Division of Correction | Eighth Circuit | 2022-05-27 | Denied | Response WaivedRelisted (2)IFP | charging-instrument constitutional-violation criminal-procedure double-jeopardy due-process felony-information indictment ineffective-counsel plea-agreement | 1. Is a plea agreement, the statement of the accused, "I did it.", the sole piece of information necessary to convict? Specifically, is felony informa… |
| 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… |
| 21-7824 | Jerome Scott King v. United States | Eighth Circuit | 2022-05-10 | Denied | Response WaivedIFP | appeal-waiver appellate-review criminal-procedure defendant-rights due-process plea-agreement plea-bargaining sentencing voluntary-waiver | Whether a provision in a plea agreement that bars a defendant from appealing a sentence of imprisonment violates due process and whether it can be kno… |
| 21-7735 | Erskin Bernard Perryman v. United States | Sixth Circuit | 2022-04-28 | Denied | Response WaivedIFP | appeal-waiver appellate-waiver base-offense-level criminal-procedure due-process judicial-review minor-participant plea-agreement sentencing-guidelines sixth-circuit | The Sixth Circuit Court of Appeals erroneously granted the Government's Motion to Dismiss and refused to address whether the trial court calculated th… |
| 21-7707 | Jerome Lamar Pitts v. United States | Eleventh Circuit | 2022-04-26 | Denied | Response WaivedIFP | appeal-waiver constitutional-law constitutional-violation criminal-procedure due-process legal-remedy plea-agreement plea-bargaining sentencing-guidelines | 1) Whether a miscalculated Sentencing Guideline violates Due Process enough to count as a "sentence in violation of the Constitution or laws of the Un… |
| 21-7676 | Robert Christopher Jones v. Illinois | Illinois | 2022-04-21 | Denied | Response WaivedIFP | criminal-justice eighth-amendment juvenile-justice mandatory-sentencing miller-factors miller-v-alabama plea-agreement plea-bargaining sentencing sentencing-challenge | (1) Whether a pre- Miller guilty plea bars a post- Miller sentencing challenge under the Eighth Amendment. (2) Whether the sentencing process mandat… |
| 21-1363 | Brandon Scott Lavergne v. Darrell Vannoy, Warden | Fifth Circuit | 2022-04-19 | Denied | Response Waived | 8th-amendment cruel-and-unusual cruel-and-unusual-punishment habeas-corpus ineffective-assistance-of-counsel life-without-parole plea-agreement rule-60b-petition solitary-confinement | 1) Is a criminal sentence of life without parole in solitary confinement a cruel and unusual sentence? 2) Ifone federal district court finds I was no… |
| 21-7619 | Jarbarri Randale Wall v. United States | Fourth Circuit | 2022-04-14 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure federal-law plea-agreement sentencing sentencing-condition statutory-authority statutory-maximum supervised-release | The district court imposed a special condition of supervised release that the defendant abstain from the use of alcoholic beverages, not associate wit… |
| 21-7575 | Keith Morris v. United States | Fourth Circuit | 2022-04-08 | Denied | Response WaivedIFP | appellate-waiver criminal-procedure due-process knowing-waiver plea-agreement plea-bargaining right-to-appeal sentencing waiver | Whether a provision in a plea agreement which bars a defendant from appealing "any sentence of imprisonment" can be knowingly entered into well before… |
| 21-7576 | Edward Wright v. United States | Ninth Circuit | 2022-04-08 | Denied | Response WaivedIFP | child-pornography constitutional-scrutiny liberty-interests non-delegation-doctrine overbreadth plea-agreement supervised-release third-party-notification vagueness | I. Currently, the Circuits are split as to whether the standard federal supervision condition requiring third-party risk notification is constitutiona… |
| 21-7486 | Eric Jamar Goodall v. United States | Ninth Circuit | 2022-03-29 | Denied | Response WaivedIFP | criminal-appeal illegal-sentence jurisdictional-defect ninth-circuit plea-agreement sentencing-error waiver waiver-doctrine | 1. Did the Ninth Circuit err in dismissing the appeal when Mr. Goodall's plea agreement contains a count of conviction and resulting sentence that is … |
| 21-7461 | Antonio D. Rooks-Byrd v. Nebraska | Nebraska | 2022-03-24 | Denied | Response WaivedIFP | amendment-violation constitutional-rights due-process eighth-amendment equal-protection fourteenth-amendment legal-procedure plea-agreement sixth-amendment speedy-trial | 1) Do the Fifth, Sixth, Eighth and Fourteenth Amendment's under the U.S. Constitution apply for Sixth Month Speedy Trial violation? 2) Do the Sixth… |
| 21-7418 | James Roland L'Heureux v. West Virginia | West Virginia | 2022-03-21 | Denied | Response WaivedRelisted (2)IFP | contract-law contractual-breach due-process fourteenth-amendment mabry-v-johnson plea-agreement pre-sentence-investigation sentencing sentencing-arguments | Under Mabry v. Johnson, the prosecution may not breach a term of a plea agreement that can be said to have induced a plea, although jurisdictions are … |
| 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… |
| 21-7353 | 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 … |
| 21-7322 | James Earl Harper v. United States | Fourth Circuit | 2022-03-09 | Denied | Response WaivedIFP | breach-of-agreement breach-of-contract criminal-procedure due-process government-contract government-motion incarceration plea-agreement sentencing | 1. Whether the Government should have been bound by the provisions of the Plea Agreement as the Petitioner did not breach the provisions contained the… |
| 21-7190 | Jason Terrell v. United States | Fourth Circuit | 2022-02-24 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights court-of-appeals due-process jurisdiction merits plea-agreement procedural-facts standard-of-review | 1. Whether the court of appeals erred by dismissing the appeal based upon an appeal waiver contained in the plea agreement and should have addressed M… |
| 21-7169 | Latwon James v. United States | Fourth Circuit | 2022-02-22 | Denied | Response WaivedRelisted (2)IFP | appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver | I. Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a provision in Mr. James's plea agreement waiving his right to appeal … |
| 21-7012 | Jessica Ewing v. Harold W. Clarke, Director, Virginia Department of Corrections | Fourth Circuit | 2022-01-31 | Denied | IFP | burden-of-proof counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel innocence judicial-discretion plea-agreement plea-bargaining post-conviction | Ms. Ewing asserts that the previcis court erred when it did not grant a C.O.A. despite the debatability of the District Court's opinion by a reasonabl… |
| 21-6940 | Ferney Salas Torres v. United States | Second Circuit | 2022-01-21 | Denied | Response WaivedIFP | abuse-of-discretion criminal-appeal criminal-procedure district-court-discretion minor-role-adjustment pilot-enhancement plea-agreement procedural-reasonableness second-circuit sentencing sentencing-guidelines | 1. A writ of certiorari is requested to determine whether the Second Circuit Court of Appeals erred in affirming Ferney Salas Torres' judgment of conv… |
| 21-6888 | Ryan Kenneth Richmond, aka Rich v. United States | Fourth Circuit | 2022-01-18 | Denied | Response WaivedIFP | appeal-waiver appellate-review attempted-murder criminal-defendant criminal-procedure plea-agreement relevant-conduct sentencing-guidelines | I. DOES A CRIMINAL DEFENDANT'S WAIVER OF HIS RIGHT TO APPEAL A WITHIN GUIDELINE'S SENTENCE BAR APPELLATE REVIEW WHERE THE DISTRICT COURT USED A CROSS … |
| 21-6730 | Mehmet Fatih Biyikoglu v. United States | Ninth Circuit | 2021-12-23 | Denied | Response WaivedIFP | appellate-waiver breach-of-contract criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing | Was petitioner's appellate waiver enforceable after the district court found him in breach of his plea? |
| 21-6705 | Robert Tracy Warterfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-12-22 | Denied | IFP | aedpa certificate-of-appealability conflict-of-interest contracts-clause district-court due-process final-judgment habeas-corpus interlocutory-appeal jurisdiction plea-agreement sixth-amendment | 1) Does a United States.Court of Appeals have jurisdiction pursuant to 28 U.S.C. §1291 to deny a Motion for a Certificate of Appealability when the Di… |
| 21-6685 | Christopher Dominguez v. United States | Tenth Circuit | 2021-12-21 | Denied | IFP | criminal-procedure due-process ineffective-assistance-of-counsel informed-consent mandatory-minimum plea-agreement plea-bargaining prosecutorial-misconduct right-to-trial sentencing sentencing-guidelines | The prosecutor, defense counsel, and the district court all informed Mr. Dominguez that if he went to trial he would face a mandatory minimum sentence… |
| 21-6656 | Azizjon Rakhmatov v. United States | Second Circuit | 2021-12-17 | Denied | Response WaivedIFP | appellate-waiver constitutional-rights cruel-and-unusual-punishment due-process equal-protection guilty-plea plea-agreement right-to-appeal right-to-counsel sentencing-bias | Whether a sentence based on racial and ethnic bias can be appealed pursuant to the Constitutional rights to due process and equal protection of the la… |
| 21-6644 | Ashot Minasyan v. United States | Ninth Circuit | 2021-12-16 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea | Whether Minasyan's waiver of appeal is unenforceable for the following reasons: because it was not knowing, intelligent and voluntary, and because Min… |
| 21-6547 | Richard Lynn Long, Jr. v. Darrel Vannoy, Warden | Fifth Circuit | 2021-12-08 | Denied | Response WaivedIFP | competency competency-evaluation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health plea-agreement right-to-counsel | Mr. Long asserts that his trial counsel was ineffective for failing to notify the court of the contents of aneuropshychologica! report that found he w… |
| 21-6408 | James A. Harnage v. Janine Brennan, et al. | Second Circuit | 2021-11-24 | Denied | Response WaivedIFP | administrative-law civil-rights constitutional-interpretation contract criminal-procedure defendant-rights due-process judicial-discretion plea-agreement settlement-agreement state-action | 1. Whether A state violates The Express Terms of A settlement Agreament By Failing To Inform The Decison Maker of Ther Authorlty To Grant Approvals Th… |
| 21-6350 | Michael J. Greene v. Shelby Searls, Superintendent, Huttonsville Correctional Center | Fourth Circuit | 2021-11-19 | Denied | IFP | constitutional-law criminal-procedure custody due-process plea-agreement sentencing | Question not identified. |
| 21-6361 | Marcus Crawley, aka Holyfield v. United States | Fourth Circuit | 2021-11-19 | Denied | Response WaivedIFP | constitutional-vagueness criminal-procedure davis-v-united-states due-process judicial-review plea-agreement plea-bargaining sentencing sixth-amendment statutory-interpretation | If a defendant pleaded guilty to a § 924(c) charge and a predicate crime of violence that is no longer valid after Davis, may a reviewing court search… |
| 21-6336 | Darrin Lashaon Betts v. United States | Fifth Circuit | 2021-11-18 | Denied | Response WaivedIFP | 18-usc-3582 21-usc-841(a)(1)-(b)(1)(a) amendment-782 criminal-procedure fed-r-crim-p-11(c)(1)(c) fifth-amendment fourteenth-amendment plea-agreement sentencing-guidelines statutory-law type-c-agreement | Whether a defendant is eligible for 18 U.S.C. § 3582(c) (1)(2) relief pursuant Amendment 782 where the district court adopted a Type-C plea agreement … |
| 21-633 | Gustavo Placancia-Rosendo v. United States | Fifth Circuit | 2021-10-29 | Denied | Response Waived | acceptance-of-responsibility burden-of-proof criminal-procedure due-process plea-agreement relevant-conduct sentencing standard-of-proof | A defendant who pleads guilty will face a presentence investigation report, the results of which will guide the District Court in affixing sentence. A… |
| 21-5930 | Albert M. Ranieri v. Vicky Moser, Warden | Third Circuit | 2021-10-08 | Denied | Response WaivedIFP | 18-usc-3613(b) ex-post-facto mandatory-victims-restitution-act mvra plea-agreement restitution restitution-order sentencing-procedure statutory-interpretation victim-witness-protection-act vwpa | 1) Is the VWPA the controlling law regarding payment of the Order of Restitution in the underlying criminal action and is the Ex Post Facto Clause of … |
| 21-5937 | Odilon Martinez-Rojas v. United States | Second Circuit | 2021-10-08 | Denied | Response WaivedIFP | appeal-waiver due-process fifth-amendment plea-agreement sentencing-procedure sixth-amendment | Whether a plea agreement's appeal waiver can bar a defendant from challenging the unconstitutionality of a sentencing procedure that deprives the defe… |
| 21-5858 | Enrique E. Quintana v. United States | Fifth Circuit | 2021-10-04 | Denied | Response WaivedIFP | actual-innocence collateral-attack commerce-clause constitutional-challenge criminal-procedure indictment indictment-deficiency plea-agreement waiver | Can a defendant who claims actual innocence after entering a plea agreement be barred from raising his actual innocence claim based on a Plea Agreemen… |
| 21-5883 | Davon Nelson v. United States | Fourth Circuit | 2021-10-04 | Denied | Response WaivedRelisted (2)IFP | circuit-split collateral-proceeding direct-appeal evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement remand sixth-amendment | The record below raises serious questions about whether Petitioner —an individual whose exposure to lead paint poisoning as a child has had a signific… |
| 21-5797 | George Verkler v. United States | Ninth Circuit | 2021-09-28 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process judicial-misconduct plea-agreement presumption-of-innocence right-to-appeal right-to-counsel sentencing | Does the presumption of innocence and due process mean that if a judge will not read what a defendant in a criminal case submits to the court, or if t… |
| 21-5801 | Carlos Benitez Penalosa v. United States | Ninth Circuit | 2021-09-28 | Denied | Response WaivedIFP | appellate-review appellate-waiver circuit-split criminal-sentencing miscarriage-of-justice plain-error plea-agreement sentencing-error | Did the Ninth Circuit err when it failed to find that a sentencing error can amount to a "miscarriage of justice" allowing appellate review even if th… |
| 21-5802 | David A. Bridgewater v. United States | Seventh Circuit | 2021-09-28 | Denied | Response WaivedIFP | brooklyn-savings-bank compassionate-release contractual-principle department-of-justice first-step-act plea-agreement public-interest statutory-right statutory-waiver | 1. Does the rule of United States v. Mezzanatto, 513 U.S. 196 (1995), that a statutory right is waivable in a plea agreement absent an affirmative ind… |
| 21-5745 | Juan Francisco Turcios v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-09-22 | Denied | IFP | constitutional-violation due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-appeal right-to-counsel sentencing sentencing-stage trial-counsel | (1) .Was reversible error, committed pursuant to; STRICKLAND vs.WASHINGTON; MAPLE vsTHOMAS; UNITED STATE vs.HILLSMAN : , when trial counsel abandoned … |
| 21-5712 | George Ferrer Sanchez v. United States | Eleventh Circuit | 2021-09-20 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process judicial-review plea-agreement plea-bargaining prosecutorial-discretion right-to-appeal sentencing | Across all federal circuits, the courts of appeals have held that, as part of a plea agreement with the government, a criminal defendant can waive his… |
| 21-5708 | Rodney Dale Hood v. Texas | Texas | 2021-09-17 | Denied | IFP | contract-law contractual-interpretation criminal-procedure due-process fraud fraud-in-judicial-proceedings judgment judicial-discretion plea-agreement plea-bargaining state-power | 1. Wether the current Due Process standard for interpreting the obligations of the parties in plea agreements Is to broad? 2. Are the States free to … |
| 21-416 | Darell Anthony Anderson v. United States | Sixth Circuit | 2021-09-16 | Denied | Response WaivedRelisted (2) | breach civil-procedure contract contract-law criminal-appeal criminal-procedure due-process legal-procedure plea-agreement | (1). The petitioner's direct appeal, as of right, was not adjudicated in accord with due process of law, and the plea agreement contract is vague, and… |
| 21-5679 | Toye Tutis v. United States | Third Circuit | 2021-09-16 | Denied | Response WaivedIFP | cell-site-simulator criminal-procedure fourth-amendment plea-agreement plea-bargaining privacy privacy-rights search-and-seizure wiretap wiretap-order | WHETHER EMPLOYMENT OF A "CELL-SITE SIMULATOR", IN ORDER TO DETERMINE IF THE PETITIONER POSSESSED ANOTHER CELLPHONE, OR CELLPHONES, CONSTITUTED AN INFR… |
| 21-5490 | Joseph Montrel Bourgeois v. Texas | Texas | 2021-08-26 | Denied | Relisted (2)IFP | civil-rights criminal-procedure deadly-weapon direct-appeal due-process guilty-plea intoxication plea-agreement retroactive-application sentencing-enhancement warrantless-search | ©Can a trial Court mm a rd/dof /) Deadly UJEAPOU ? TART OJfiS A/qT STIPULATED XU THE' PLEA) AQREEMEHT ? ® "-'S£ '" to-nm umi& smessumm fS\ nnp pjEnj… |
| 21-5463 | Christopher Jonell Tyler v. United States | Fourth Circuit | 2021-08-24 | Denied | Response WaivedIFP | appellate-review due-process fourth-circuit government-breach judicial-review plain-error plea-agreement sentencing | Whether the Fourth Circuit violated the "interests of justice" and this Court's ruling in Puckett v. United States, 556 U.S. 129, 143, 129 S. Ct. 1423… |
| 21-5387 | Roland Adams, aka Peter Brown, aka Harold Whiteker v. United States | Ninth Circuit | 2021-08-18 | Denied | Response WaivedIFP | constitutional-challenge criminal-procedure due-process jurisdiction plea-agreement statutory-authority statutory-interpretation void-judgment | 1. Whether the district court lacked jurisdiction to enter judgement under 18 U.S.C § 1956(h), where Petitioner was not charged with nor engaged in "f… |
| 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… |
| 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… |
| 21-5259 | James Plas Sams v. Neil McDowell, Warden | Ninth Circuit | 2021-08-02 | Denied | IFP | class-of-one contracts-clause due-process equal-protection gender-discrimination habeas-corpus plea-agreement police-misconduct | 1. The State may not selectively deny its protective services to certain minorities without violating the Equal Protection Clause. Petitioner's wife a… |
| 21-5196 | Shalen Stoltz v. United States | Ninth Circuit | 2021-07-26 | Denied | Response WaivedIFP | appellate-waiver criminal-appeal due-process liberty-interest plea-agreement sentencing-guidelines | The Ninth Circuit dismissed Ms. Stoltz' criminal appeal due to an appellate waiver in the plea agreement. Ms. Stoltz argues that the appellate waiver … |
| 21-5156 | Montarius Montrael Shabazz v. United States | Fifth Circuit | 2021-07-21 | Denied | Response WaivedIFP | base-offense-level plea-agreement record-support sentencing-enhancement subsequent-possession unrelated-possession | Is a Plea Agreement breached by the government when the prosecutor supported a sentencing enhancement to substantially increase the Base Offense Level… |
| 21-5098 | Hal Herring Brown, Jr. v. United States | Fourth Circuit | 2021-07-15 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure fourth-circuit ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud | WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF HIS CONVICTION FOR SECURI… |
| 21-5118 | Michael D. Dyers v. Georgia | Georgia | 2021-07-15 | Denied | IFP | constitutional-rights conviction-court-dismissal due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement prosecutorial-misconduct right-to-appeal transcript-evidence | Question not identified. |
| 21-5055 | Bobby Wilson, Jr. v. United States | Fifth Circuit | 2021-07-08 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment constitutional-law criminal-procedure due-process plea-agreement | Can A PROGRAM NORRIS MOTION OR APPEAL BE DISMISSED BASED UPON A WRITTEN WAIVER EVEN THOUGH THE GOVERNMENT BREACHED ITS PLEA AGREEMENT THAT INDUCED A P… |
| 20-8388 | Jonathan Aaron Leal v. United States | Fifth Circuit | 2021-06-22 | Denied | Response WaivedIFP | appeal-waiver appellate-review due-process federal-sentencing illegal-sentence plea-agreement post-conviction-relief | Should an appeal waiver provision in a plea agreement bar appellate or post-conviction relief from an illegal federal sentence? |
| 20-8239 | Jeffrey S. Whitaker v. Mike Parris, Warden | Sixth Circuit | 2021-06-08 | Denied | Response WaivedIFP | breach-of-contract contract-law due-process fourteenth-amendment newly-discovered-evidence plea-agreement statute-of-limitations substantive-due-process | I. When the opposing party breaches the terms of the plea agreement under the law of contracts, does the one-year statute of limitations begin to run … |
| 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… |
| 20-8124 | Lance Mitchell Owens v. Dexter Payne, Director, Arkansas Department of Correction | Arkansas | 2021-05-25 | Denied | Response WaivedIFP | civil-rights criminal-procedure due-process equal-protection fourteenth-amendment plea-agreement plea-agreements sentencing sentencing-procedure statutory-interpretation | 1. Are courts violating the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution by excluding defendants who enter pl… |
| 20-8132 | George Verkler v. United States | Ninth Circuit | 2021-05-25 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining presumption-of-innocence right-to-appeal right-to-counsel | Does the presumption of innocence and due process mean that if a judge will not read everything Mr. Verkler, the Defendant in a criminal case submits … |
| 20-7902 | John Laponte v. California | California | 2021-04-30 | Denied | IFP | constitutional-rights contract-law criminal-procedure due-process excessive-punishment incarceration plea-agreement plea-bargaining punishment sentencing | Is petitioner entitled to enforce the terms of his plea agreement; 1 . Is indefinite incarceration constitutional; 2 . What constitutes excessive pu… |
| 20-1464 | Rahul Ramesh Joshi v. United States | Fifth Circuit | 2021-04-20 | Denied | Response Waived | constitutional-law criminal-procedure due-process government-breach government-misconduct judicial-review plea-agreement resentencing sentencing | WHETHER THE GOVERNMENT'S BREACH OF THE PLEA AGREEMENT CONSTITUTED A DUE PROCESS VIOLATION, WHICH REQUIRED REMAND FOR A DE NOVO RESENTENCING? |
| 20-7761 | Andrew Indelicato Peterson v. S. Butler, Warden | Sixth Circuit | 2021-04-14 | Denied | IFP | conviction-challenge criminal-procedure due-process essential-elements evidence-admissibility felon-in-possession knowledge-of-status plea-agreement prior-conviction prior-misconduct sentencing statutory-interpretation | Can the distriet Court Use Post offenic conduct for crimes that a defendant never Served Overa Year in Prison to assume ai defendant knew his status P… |
| 20-7705 | Marco Antonio Serrano v. United States | Sixth Circuit | 2021-04-09 | Denied | Response WaivedIFP | appellate-waiver career-offender district-court-error due-process mandatory-application plea-agreement sentencing-enhancement sentencing-guidelines sixth-amendment | 1. Can a plea agreement that includes an appellate waiver lawfully deprive a defendant of his right to appeal a sentence that was based on the distric… |
| 20-1352 | Alexander Christian Miles v. United States | Tenth Circuit | 2021-03-25 | Denied | Response Waived | appellate-waiver collateral-attack collateral-attack-waiver contract-interpretation contract-law judicial-interpretation plea-agreement plea-colloquy | Whether oral pronouncements by the court or the government at a plea colloquy which clarify the extent of an appellate and collateral attack waiver in… |
| 20-7543 | Victor Real-Alomar, aka Toston v. United States | First Circuit | 2021-03-24 | Denied | Response WaivedIFP | appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver | A. Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the gover… |
| 20-7488 | William Douglas Hampton v. Mark Williams, Warden | Fifth Circuit | 2021-03-18 | Denied | Response WaivedIFP | appellate-waiver civil-rights commerce-clause constitutional-rights criminal-procedure due-process electronic-fraud free-speech plea-agreement standing statutory-interpretation | 1) DOES 28 UNITED STATES CODE SERUICE $2LHI's. SPECIFIC WORDING PERMIT THE JUDICIAL SUBMISSION AND CONSIDERATION OFA HABEAS CORPUS IFTHE STATUTE'S SUB… |
| 20-7507 | Christopher Faella v. United States | Eleventh Circuit | 2021-03-18 | Denied | Response WaivedIFP | 18-usc-2259 appellate-rights eighth-amendment plea-agreement restitution sentencing sentencing-appeal statutory-interpretation statutory-maximum waiver | Whether a defendant's waiver in his plea agreement of the right to appeal his sentence -- unless it exceeds the statutory maximum penalty or violated … |
| 20-7473 | Ivan Dario Obregon v. United States | Fifth Circuit | 2021-03-17 | Denied | Response WaivedIFP | appeal-waiver criminal-law criminal-sentencing due-process federal-jurisdiction federal-procedure judicial-discretion plain-error plea-agreement sentencing-error sentencing-guidelines | Are unforeseeable sentencing mistakes beyond the scope of federal appeal waivers? |
| 20-7449 | Michael Nunez, aka Gordo v. United States | Second Circuit | 2021-03-15 | Denied | Response WaivedIFP | 3553(a) 3553a-factors appellate-review appellate-waiver constitutional-review due-process judicial-bias judicial-discretion plea-agreement sentencing sentencing-bias | Whether a sentence imposed by an apparently biased judge, based on material falsehood, disregard of the 3553(a) factors, legally unfounded fixed polic… |
| 20-7395 | Antonio E. Wills v. United States | Eighth Circuit | 2021-03-09 | Denied | Response WaivedIFP | 28-usc-2255 actual-innocence career-offender certificate-of-appealability ineffective-assistance ineffective-assistance-of-counsel plea-agreement section-2255 statutory-maximum | Did the appellate court err in denying a certificate of appealability on whether the district court erred or alternatively abuse its discretion by den… |
| 20-7292 | Matthew Lee Staszak v. United States | Seventh Circuit | 2021-03-02 | Denied | Response WaivedRelisted (2)IFP | 18-usc-2251 18-usc-2423 due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-misconduct section-2251 section-2423 | I. WHETHER THE SUPREME COURT SHOULD GRANT THE WRIT WHERE PROSECUTORIAL MISCONDUCT AND INEFFECTIVE ASSISTANCE OF COUNSEL VIOLATES DUE PROCESS WHERE NO … |
| 20-1154 | Adan Torres-Nieves v. United States | Ninth Circuit | 2021-02-23 | Denied | Response Waived | 9th-circuit ambiguity ambiguity-resolution defendant defendant-rights government-breach legal-precedent plea-agreement precedent | Did the 9th Circuit significantly depart from its own precedent when it failed to resolve ambiguity in favor of the defendant in its determination of … |
| 20-7114 | Aesha Johnson v. United States | Sixth Circuit | 2021-02-11 | Denied | Response WaivedIFP | co-defendant confrontation-clause constitutional-law constitutional-rights criminal-procedure evidence invited-error plea-agreement | I. Does the admission into evidence of a non-testifying co-defendant's plea agreement which includes a statement implicating the defendant on trial as… |
| 20-1095 | Darius Wayne Haws v. Idaho | Idaho | 2021-02-10 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement | Whether a criminal defendant's purported waiver of the right to appeal in a plea agreement is knowing, intelligent, and voluntary—as required by the D… |
| 20-7057 | Romario Waller v. Arkansas | Arkansas | 2021-02-05 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment aggravating-factors amendment-violation constitutional-rights due-process judicial-discretion mandatory-sentencing plea-agreement sentencing sentencing-enhancement | 1. Did the Trial Judge in case no 1995-CR-545 violate Petitioner 's 5th, 6th, 14th , Amendment rights when he sentenced Petitioner to a more than 20%… |
| 20-6985 | Zongli Chang v. United States | Sixth Circuit | 2021-01-28 | Denied | Response WaivedIFP | appellate-waiver constitutional-rights due-process fines plea-agreement sentencing sentencing-guidelines sixth-amendment statutory-maximum | In a plea agreement that was tied to a fine guideline range, the Petitioner was never told his "maximal possible penalty" in terms of fine and forfeit… |
| 20-6924 | Auturo Beltran v. Craig Koenig, Warden | Ninth Circuit | 2021-01-25 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process habeas habeas-corpus plea-agreement sentencing trial-court | During a colloquy on a plea agreement to a 24-year sentence, petitioner said that he did not understand all of the rights and consequences of the plea… |
| 20-6902 | Layw Thomas v. Kentucky | Kentucky | 2021-01-22 | Denied | Response WaivedIFP | disproportionate-sentencing eighth-amendment fourteenth-amendment hammer-clause juvenile-sentencing miller-v-alabama plea-agreement plea-bargaining sentencing-discretion | Did Kentucky violate the Eighth and Fourteenth Amendments when it allowed a youth who was 17 when his crimes occurred to be sentenced to life in priso… |
| 20-6837 | Jacob Ray Owens v. United States | Fifth Circuit | 2021-01-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure drug-crimes fact-finding judicial-fact-finding methamphetamine-distribution plea-agreement plea-bargaining sentencing sentencing-guidelines sixth-amendment | Petitioner pleaded guilty to conspiracy to possess with intent to distribute methamphetamine. He admitted to the district court only to possession of … |
| 20-6720 | Terek Harper v. United States | Fourth Circuit | 2020-12-30 | Denied | Response WaivedIFP | consideration contract-law criminal-law criminal-procedure due-process federal-criminal-law plea-agreement plea-bargaining void-agreement void-for-lack-of-consideration | Whether A Federal Criminal Plea Agreement is Void and Unenforceable When it Lacks Consideration. |
| 20-6726 | Jamie Betances v. United States | First Circuit | 2020-12-30 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure factual-objections guilty-plea legal-arguments plea-agreement sentencing-enhancement sentencing-guidelines | Did the lower court err in denying Jamie Betances acceptance of responsibility, under U.S.S.G. § 3E1.1, after Mr. Betances pleaded guilty, accepted th… |
| 20-6727 | Sergio Avalos v. United States | Ninth Circuit | 2020-12-30 | Denied | Response WaivedIFP | criminal-procedure due-process fair-and-just-reasons guilty-plea impeachment-evidence impeachment-information plea-agreement post-hoc-disclosure withdrawal | Whether being misled about the terms of the plea agreement and the government's post-hoc disclosure of impeachment information constituted "fair and j… |
| 20-6619 | Pedro Carrasco, Jr., aka Pedro Carrasco v. United States | Ninth Circuit | 2020-12-14 | Denied | Response WaivedRelisted (2)IFP | appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment | Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial … |
| 20-6382 | Randall Allen Eplion, Jr. v. United States | Fourth Circuit | 2020-11-19 | Denied | Response WaivedIFP | appeal-waiver appellate-review criminal-procedure due-process federal-criminal-practice plea-agreement sentencing standing waiver | Whether a provision in a plea agreement which bars the defendant from appealing "the right to seek appellate review of . . . any sentence of imprisonm… |
| 20-6347 | Christopher Mikelinich v. United States | Second Circuit | 2020-11-17 | Denied | Relisted (2)IFP | criminal-law criminal-procedure due-process felony-possession knowing-plea mens-rea plain-error plea-agreement plea-bargaining rehaif-v-united-states sentencing-elements | Where a defendant claims his plea was not knowing and intelligent because he was unaware of all the elements of the offense, does it matter whether he… |
| 20-6363 | Andres Fernando Cabezas v. United States | Eleventh Circuit | 2020-11-17 | Denied | Response WaivedRelisted (2)IFP | actual-innocence appellate-review civil-procedure due-process magistrate magistrate-recommendation plain-error plea-agreement report-and-recommendation statutory-interpretation | Whether a district court commits plain error by not waiting the fourteen days allotted by 28 U.S.C. § 636 prior to adopting a magistrate's Report and … |
| 20-6299 | Brayan Jassiel Leyva-Peraza v. United States | Fifth Circuit | 2020-11-13 | Denied | Response WaivedIFP | appellate-review circuit-conflict circuit-split discretionary-review due-process judicial-discretion knowing-and-voluntary plea-agreement supervisory-powers unconscionability | Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Cireuit")-which held the plea agreement in this case was not … |
| 20-6286 | Ruben Aragon v. Dean Williams, Executive Director, Colorado Department of Corrections, et al. | Tenth Circuit | 2020-11-12 | Denied | Response WaivedRelisted (2)IFP | 28-usc-2244 due-process equitable-tolling habeas-corpus plea-agreement state-impediment state-imposed-impediment statutory-limitations | 1) Is Mr. Aragon entitled to equitable tolling of the statutory limitations set by 28 U.S.C. § 2244(d)(1)(A), due to a state-imposed impediment which … |
| 20-6271 | Cordarryl Antonio Betton v. United States | Fifth Circuit | 2020-11-10 | Denied | Response WaivedIFP | due-process government-breach plea-agreement record-support sentencing sentencing-enhancements | Is a Plea Agreement breached by the government when the prosecutor announces the government's agreed to recommendation to the sentencing court but the… |
| 20-6190 | Bradley R. Freeman v. New Mexico | New Mexico | 2020-11-02 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | affirmative-defense brady-v-maryland constitutional-requirement criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-disclosure prosecutorial-misconduct | 1. Does the Constitution require, before entering into a binding plea agreement with a criminal defendant, that the prosecution disclose favorable, ma… |
| 20-6147 | Shane Anthony Roberts v. United States | Eighth Circuit | 2020-10-28 | Denied | Response WaivedIFP | appeal-waiver appellate-review court-of-appeals criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation statutory-right waiver | Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence by summarily granting a government m… |
| 20-6118 | Ramon Wall v. Melissa Hainsworth, Superintendent, State Correctional Institution at Laurel Highlands, et al. | Third Circuit | 2020-10-23 | Denied | Response WaivedIFP | civil-rights constitutional-violation due-process equal-rights ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice misconduct plea-agreement prosecutorial-misconduct | Did Trial Counsel's serial ineffectiveness prejudice Petitioner/ creating a miscarriage of justice, that demands his conviction be vacated? Did the h… |
| 20-6087 | Tana Chris Lawrence v. United States | Ninth Circuit | 2020-10-20 | Denied | Response WaivedIFP | certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-agreement sentencing sentencing-disparity standard-of-review | 1. Whether the District Court erred in rejecting petitioner's claim that her attorney provided ineffective assistance of counsel by failing to object … |
| 20-6067 | Angeledith Saramaylene Smith v. United States | Ninth Circuit | 2020-10-20 | Denied | Response WaivedIFP | certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-agreement sentencing sentencing-disparity | Whether the District Court erred in rejecting petitioner's claim that her attorney provided ineffective assistance of counsel by failing to object to … |
| 20-6074 | Timothy Jarred Paige v. United States | Eleventh Circuit | 2020-10-20 | Denied | Relisted (2)IFP | civil-rights criminal-charge criminal-procedure district-court-jurisdiction due-process plea-agreement plea-bargaining sentencing sentencing-guidelines standing statutory-interpretation | WHEN CHARGED WITH VIOLATING 18.U.S.C § 922(9)(1) COUPLED WITH § 924(a)(2) DOES THE DISTRICT COURT RETAIN JURISDICTION TO CHARGE AN OFFENSE THAT ISN'T … |
| 20-6051 | Jonathan Ortiz-Torres v. United States | First Circuit | 2020-10-16 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement sentencing sixth-amendment voluntariness | Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the… |
| 20-6018 | Win Min Htut v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2020-10-15 | Denied | Response WaivedIFP | civil-rights constitutional-law constitutional-rights counsel-performance criminal-procedure due-process guilty-plea ineffective-assistance-of-counsel legal-procedure plea-agreement plea-bargaining | 1. Can a guilty plea which contains impossible and illegal clauses be entered into intelligently, knowing ly, and voluntarily? 2. Is the Due Process … |
| 20-6000 | Sara G. Kielly v. New York | New York | 2020-10-13 | Denied | IFP | civil-rights constitutional-conditions conviction-challenge criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus plea-agreement plea-bargaining prison-treatment sentencing | 1.5 a defendant required, in light of well-established facts, to explicitly state a plea agreement's constitutional conditions, and treatment in priso… |
| 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… |
| 20-5962 | Erik Diaz-Colon v. United States | First Circuit | 2020-10-08 | Denied | Response WaivedIFP | civil-rights-conspiracy constitutional-rights constructive-amendment deprivation-of-rights ineffective-assistance plea-agreement right-to-testify trial-counsel | WHETHER PETITIONER'S TRIAL COUNSEL RENDERED INEFFECTIVE ASSISTANCE BY FAILING TO ADVISE HIM OF HIS RIGHT TO TESTIFY AT TRIAL? WHETHER PETITIONER'S TR… |
| 20-5963 | Daniel Edward Murray v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2020-10-08 | Denied | IFP | aedpa aedpa-time-calculation hipaa hipaa-restrictions ineffective-assistance ineffective-counsel medical-records medical-records-disclosure plea-agreement plea-agreements pro-se pro-se-litigation | 1) If there is a set of plea agreements taken at the same time and the court of appeals reverses a part of the appealed agreeemnt does this, A) Start … |
| 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… | |
| 20-5862 | Markey Antonio Goldston v. United States | Fourth Circuit | 2020-09-30 | Denied | Response WaivedIFP | appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining | 1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 20-5781 | Abdur-Rashid Muhammad v. Nebraska | Nebraska | 2020-09-24 | Denied | Response WaivedIFP | constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel jurisdiction plea-agreement subject-matter-jurisdiction void-conviction | 1. DID THE DISTRICT COURT JUDGE ROBERT R. OTTE ERROR, In denying th 'eePetitioner ' s Petition For Writ Of Habeas Corpus & Emergency Ex Parte Motion F… |
| 20-5732 | Ernest Seadin v. Dean Williams, Director, Colorado Department of Corrections | Tenth Circuit | 2020-09-18 | Denied | Response WaivedRelisted (2)IFP | 8th-amendment constitutional-rights eighth-amendment equal-protection fourteenth-amendment new-evidence no-escape-conviction plea-agreement sentence-expiration sentencing-violation | 1. Is the State of Colorado, the Colorado Courts, both State and Federal, subjecting Petitioner to a death in prison sentence by not giving him relief… |
| 20-5757 | Jerrieus Williams v. United States | Fifth Circuit | 2020-09-18 | Denied | Response WaivedIFP | appellate-review constitutional-vagueness criminal-law criminal-sentencing due-process firearms-offense plea-agreement plea-bargaining residual-clause sentencing void-for-vagueness | Whether 18 U.S.C. §§ 2 and 1951(a), aiding and abetting interference with commerce by robbery, falls under the residual clause found at 18 U.S.C. § 92… |
| 20-5740 | Edward Mahan v. United States | Fifth Circuit | 2020-09-17 | Denied | Response WaivedIFP | 18-USC-3553a appeal criminal-procedure downward-adjustment drug-offense due-process government-misconduct plea-agreement safety-valve sentencing sentencing-guidelines | DID THE DISTRICT COURT ERR BY ALLOWING THE GOVERNMENT TO VIOLATE THE PLEA AGREEMENT? DID THE DISTRICT COURT ERR BY DENYING MR. MAHAN'S OBJECTION TO T… |
| 20-5717 | William Bradner v. United States | Sixth Circuit | 2020-09-16 | Denied | Response WaivedIFP | constitutional-rights criminal-justice-system due-process government-breach plea-agreement plea-bargaining prosecutorial-misconduct sentencing sentencing-level sixth-circuit | Whether the government breaches the bargain of a plea agreement by requesting a minimum sentencing level fifteen years longer than what it had explici… |
| 20-5699 | Abdur-Rashid Muhammad v. Nebraska | Nebraska | 2020-09-15 | Denied | Response WaivedIFP | constitutional-error court-jurisdiction due-process habeas-corpus ineffective-assistance ineffective-counsel jurisdiction plea-agreement void-conviction void-judgment | 1. DID THE DISTRICT COURT JUDGE ROBERT R. OTTE ERROR, In denying th'eePetitioner ' s Petition For Writ Of Habeas Corpus & Emergency Ex'Parte Motion "F… |
| 20-5691 | In Re Freeman Berry | 2020-09-14 | Denied | IFP | constitutional-violation criminal-procedure due-process guilty-plea indictment jurisdiction jurisdictional-authority plea-agreement | the inherent right to bind this Petitioner and other Defendants to a guilty plea contract it drafted. Does the United States Government retain contain… | |
| 20-5666 | Cristian Mendoza v. United States | Fifth Circuit | 2020-09-11 | Denied | Response WaivedIFP | acceptance-of-responsibility advisory-sentencing criminal-procedure due-process guilty-plea plea-agreement sentencing-guidelines sentencing-range | 1. A defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of respon… |
| 20-5626 | Monte Whitehead v. New Mexico | New Mexico | 2020-09-09 | Denied | IFP | bill-of-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-counsel plea-agreement plea-bargaining state-vs-federal-law | New Mexice's anti-waiver statute void? If so! 2. I's the decision by the New Mexico District Court contory te New Mexico's anti-wai ver statute and t… |
| 20-5614 | Derrick Anthony Felton v. United States | Fifth Circuit | 2020-09-08 | Denied | Response WaivedIFP | criminal-activity defendant-status due-process judicial-determination leadership-role legal-error plea-agreement sentencing sentencing-enhancement trial-court vagueness | Did the Trial Court error in finding that Mr. Felton was an organizer, leader, manager, or supervisor of the criminal activity? |
| 20-5574 | Jose Luis Torres v. Jamey Luther, Superintendent, State Correctional Institution at Smithfield, et al. | Third Circuit | 2020-09-02 | Denied | Response WaivedIFP | civil-rights constitutional-provisions deficient-performance due-process habeas-corpus ineffective-assistance multiplicious-offenses plea-agreement plea-bargaining procedural-default | Question not identified. |
| 20-5540 | Ugunda Giovanni Sanders v. United States | Sixth Circuit | 2020-08-31 | Denied | Response WaivedIFP | conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct | The Government charged Sanders with a conspiracy taking place on June 28, 2017. When Sanders pled guilty the Government reserved the right to charge h… |
| 20-5432 | Michael James Barnes v. United States | Fifth Circuit | 2020-08-20 | Denied | Response WaivedIFP | criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-relief post-conviction-waiver section-2255-petition sentencing | Whether the district court and the Fifth Circuit Court of Appeals erred by finding that the post-conviction waiver in Mr. Barnes' Plea Agreement bars … |
| 20-5437 | Wendell Taylor v. United States | Fifth Circuit | 2020-08-20 | Denied | Response WaivedIFP | criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-waiver section-2255-petition sentencing | Whether the district court and the Fifth Circuit Court of Appeals erred by finding that the post-conviction waiver in Mr. Taylor's Plea Agreement bars… |
| 20-5419 | Michael D. Dyer v. Aimee Smith, Warden, et al. | Georgia | 2020-08-19 | Denied | IFP | civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining prosecutorial-misconduct right-to-counsel | Question not identified. |
| 20-5349 | In Re Daryl L. Zimmer | 2020-08-13 | Denied | Response WaivedIFP | appellate-counsel due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement plea-bargain sentencing-guidelines | THE TRIAL COURT DENIED PETITIONER DUE PROCESS AND EQUAL PROTECTION OF THE LAW RIGHTS WHEN THE TRIAL COURT HAVING FULL KNOWLEDGE THAT PETITIONER PLED G… | |
| 20-5248 | Robert Bernal, Jr. v. United States | Third Circuit | 2020-08-04 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure plea-agreement restitution restitution-order sentencing statutory-interpretation statutory-limits unlawful-sentence | Whether a defendant's waiver of the right to appeal which explicitly permits appeal of a sentence that "exceeds the applicable statutory limits set fo… |
| 20-5225 | Dion Alexander v. United States | Fourth Circuit | 2020-07-30 | Denied | Response WaivedIFP | appeal-waiver clearly-erroneous coram-nobis garza-v-idaho plea-agreement type-c-plea | Attorneys and judges often misunderstand Type-C plea agreements. When the parties agree to a sentence under Rule 11(c)(1)(C), their agreement is not e… |
| 20-90 | Eugene Slone v. United States | Sixth Circuit | 2020-07-29 | Denied | Response Waived | certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement sixth-amendment strickland-standard subject-matter-jurisdiction | Did Slone sufficiently meet his burden under Strickland such that the District and Circuit courts should have granted his petition for a Certificate o… |
| 20-5162 | Joseph Shane Terry v. United States | Eleventh Circuit | 2020-07-24 | Denied | Response WaivedIFP | abuse-of-process attorney-ineffective conflict-of-interest constitutional-rights counsel-representation due-process ineffective-assistance plea-agreement witness-testimony | Is an attorney ineffective and engaging in a conflict of interest by making negative statements about his client to the court, informing the court tha… |
| 20-5110 | Gabriel Cardona-Ramirez v. United States | Fifth Circuit | 2020-07-21 | Denied | Response WaivedIFP | certificate-of-appealability circuit-conflict collateral-appeal-waiver district-court due-process plea-agreement section-2255 standing sua-sponte | CIRCUIT CONFLICT(split)rWHETHER a district court in a Section 2255 proceeding has the authority to raise a collateral-appeal waiver defense sua sponte… |
| 20-30 | Nigel Christopher Paul Martin v. United States | Eleventh Circuit | 2020-07-16 | Denied | Response Waived | criminal-procedure immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel mandatory-deportation padilla-claim padilla-v-kentucky plea-agreement plea-bargaining post-conviction-relief | Is a defendant categorically prohibited from establishing an ineffective assistance of counsel claim under Padilla v. Kentucky, 559 U.S. 356 (2010), w… |
| 20-5042 | Julian Silva-Aguilar v. United States | Ninth Circuit | 2020-07-13 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent | In deciding that the defendant's guilty plea was supported by an adequate factual basis, and was therefore knowing and intelligent and subject to the … |
| 19-8912 | Giezi Arce-Calderon v. United States | First Circuit | 2020-07-07 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure criminal-sentencing due-process guideline-range guideline-sentence judicial-discretion plea-agreement plea-bargaining sentencing sentencing-guidelines substantive-reasonableness | A. Whether the sentence imposed on Mr. Arce is substantively unreasonable, despite being a guideline sentence of six months, where the parties agreed … |
| 19-8901 | Fabian Fuentes Rosas v. Timothy Filson, Warden, et al. | Ninth Circuit | 2020-07-06 | Denied | Response WaivedIFP | due-process equitable-exception federal-habeas habeas-corpus material-misrepresentation ninth-circuit plea-agreement prosecutorial-misconduct state-court-proceedings statutory-interpretation | 1. Whether the Ninth Circuit failed to consider and decide one of the certified claims raised in Rosas's appeal, namely an exhausted argument that Ros… |
| 19-8893 | Darryl Henry v. United States | Fifth Circuit | 2020-07-02 | Denied | Response WaivedIFP | appeal-rights appeal-waiver circuit-split collateral-relief criminal-sentencing involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-rights statutory-entitlement | Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement? |
| 19-8682 | Charles Ray Fulmer v. United States | Fifth Circuit | 2020-06-12 | Denied | Response WaivedIFP | criminal-procedure due-process judicial-review plea-agreement prosecutor prosecutorial-discretion sentencing upward-departure variance | Whether due process requires remand for specific performance of a plea agreement or, in the alternative, remand for determination of the full terms of… |
| 19-8683 | Edgardo Grande v. United States | Fifth Circuit | 2020-06-12 | Denied | Response WaivedIFP | 18-usc-3553a appeal-waiver fairness-integrity-public-reputation judicial-proceedings plea-agreement sentencing sentencing-factors substantial-rights unconscionability unconscionable-contract | 1. Whether the waiver of appeal rights contained in the Plea Agreement is unenforceable since the Plea Agreement is invalid because it is an unconscio… |
| 19-8694 | Joseph D. Rouse v. United States | Sixth Circuit | 2020-06-12 | Denied | Response WaivedIFP | 21-usc-851 appeal-waiver appellate-review due-process mandatory-minimum notice-requirement plea-agreement sentencing sentencing-enhancement statutory-interpretation | Does the express language of 21 U.S.C. § 851 requiring prior written notice of the particular conviction the government seeks to use to enhance a mand… |
| 19-8663 | Tesa Keith v. United States | Fifth Circuit | 2020-06-10 | Denied | Response WaivedIFP | appeal criminal-statute facial-challenge federal-courts federal-law plea-agreement procedural-challenge waiver | Whether facial challenges to a federal criminal statute may be waived by plea agreement? |
| 19-8631 | Claude Simpson v. United States | Fourth Circuit | 2020-06-07 | Denied | Response WaivedIFP | constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-impartiality judicial-recusal personal-bias plea-agreement | 1. Is it an abuse of discretion if a Judge does not recuse himself from presiding over a hearing in which a reasonable person would have a reasonable … |
| 19-8572 | Roland Chambers, aka Troy Chambers v. United States | Fifth Circuit | 2020-05-29 | Denied | Response WaivedIFP | appellate-rights appellate-waiver collateral-relief criminal-sentencing judicial-integrity judicial-process plea-agreement plea-agreements sentencing-rights statutory-entitlement | Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement? |
| 19-8543 | Carl L. Burdick v. United States | Second Circuit | 2020-05-27 | Denied | Response WaivedIFP | 18-usc-3553 advisory-guidelines criminal-procedure judicial-discretion plea-agreement rita-v-united-states sentencing sentencing-guidelines sentencing-range united-states-v-booker | Whether the District Court, contrary to precedents of this Court and the United States Court of Appeals for the Second Circuit, accorded the advisory … |
| 19-8444 | Clarence Zacke v. Mark S. Inch, Secretary, Florida Department of Corrections | Florida | 2020-05-12 | Denied | Response WaivedIFP | criminal-procedure due-process federal-court-decisions judicial-precedent legal-exemption plea-agreement plea-bargaining prosecutorial-misconduct sentencing-guidelines state-courts | WHETHER THE INTEGRITY OF THE COURT REQUIRES ENFORCEMENT OF RULE 3.171(A) FLA. R. CRIMINAL P. WHERE THE STATE HAS KNOWINGLY AND INTENTIONALLY VIOLATED … |
| 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 … |
| 19-8325 | Qais Hussein v. United States | Seventh Circuit | 2020-04-21 | Denied | Response WaivedIFP | certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining section-2255 sentencing sentencing-guidelines | Is it reasonably debatable that Qais Hussein was deprived the effective assistance of counsel where his defense attorney failed to object to any insin… |
| 19-8312 | Lazaro Candelaria v. United States | Eleventh Circuit | 2020-04-20 | Denied | Response WaivedIFP | criminal-justice-reform criminal-procedure first-step-act ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prior-convictions sentencing sentencing-enhancement shepard-documentation | 1) Whether the First Step Act of U.S. in his Title 21 U.S.C. § 2255(f)(1) motion. 2) Whether CounselSenate Bill 756, applies to the Petitioner, ineff… |
| 19-8230 | Alexander Kates v. New York | New York | 2020-04-09 | Denied | IFP | access-to-courts due-process fourth-amendment illegal-seizure ineffective-assistance-of-counsel plea-agreement property-return prosecutorial-misconduct retroactivity | Whether a plea agreement to return illegally seized property in exchange for a guilty plea, induced by the prosecutor, is breached when the prosecutio… |
| 19-8203 | Rashan J. Hunt v. Ohio | Ohio | 2020-04-07 | Denied | IFP | constitutional-rights cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel plea-agreement repeat-offender repeat-violent-offender sentencing sixth-amendment | FIRST QUESTION PRESENTED FOR REVIEW: WAS PETITIONER'S PLEA AGREEMENT VIOLATED, AND HIS CONSTITUTIONAL DUE PROCESS PROTECTIONS VIOLATED, WHEN THE TRIAL… |
| 19-8081 | Juan Isaac Flores v. California | California | 2020-03-23 | Denied | Response WaivedIFP | benefits constitutional-rights counsel-performance effective-counsel ineffective-assistance plea-agreement sentencing sixth-amendment | (1) Was my Sixth Amendment right to effective counsel violated by Attorney Kovtun s ineffectiveness(2) Is the process that preceded the May 3, 2018 pl… |
| 19-8027 | Javier Gomez-Carrasquillo v. United States | First Circuit | 2020-03-18 | Denied | Response WaivedIFP | 18-usc-3553(a) circuit-review criminal-procedure criminal-sentencing individualized-assessment plea-agreement procedural-reasonableness puerto-rico-crime sentencing-factors sentencing-guidelines sentencing-reasonableness substantive-reasonableness | Question not identified. |
| 19-7834 | Travis Soto v. Ohio | Ohio | 2020-03-02 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure federal-courts fifth-amendment finality plea-bargaining constitutional-rights criminal-procedure double-jeopardy federal-courts fifth-amendment finality jury-trial plea-agreement plea-bargaining | This Court has yet to resolve the question lying at the core of this appeal, which has produced a split amongst this country's federal and state judic… |
| 19-7848 | Barton Joseph Adams v. United States | Fourth Circuit | 2020-03-02 | Denied | Response WaivedIFP | binding-plea-agreement criminal-procedure criminal-procedure-rule-11-c-1-c criminal-procedure-rule-32-2-e-1-a district-court-misconduct due-process forfeiture plea-agreement property-forfeiture property-rights protective-order rule-11 rule-32.2 sealed-court-order sealing-orders sentencing sentencing-procedure | Whether the lower court violated the mandatory requirements of Rule 32.2(e)(1)(A) and breached the Rule 11(c)(1)(C) binding sentence, when the distric… |
| 19-1072 | Scott Rothstein v. United States | Eleventh Circuit | 2020-03-02 | Denied | Response Waived | cooperation cooperation-credit criminal-procedure due-process evidentiary-hearing government-withdrawal plea-agreement rule-35 rule-35-motion | A. Whether the Government's right to withdraw a previously earned and filed Rule 35 Motion, where the plea agreement fails to warn the defendant of th… |
| 19-7770 | In Re Marcus Williams | 2020-02-25 | Denied | Response WaivedIFP | constitutional-violation constitutional-violations deception-by-counsel due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-agreement pre-trial-acts-and-omissions pre-trial-counsel structural-error | (1) WHETHER THE PRE-TRIAL ACTS AND OMISSIONS MADE BY MARCUS WILLIAMS' COUNSEL, ALLIED WITH FAILURE TO OBJECT ON THE RECORD, TO PRE-ARRAIGNMENT ERRORS… | |
| 19-7698 | Martin Calderon-Ortalejo v. United States | Fifth Circuit | 2020-02-18 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure extensive-scope extensive-scope-planning fifth-circuit-review judicial-abuse-of-discretion offense-level-enhancement plea-agreement sentencing-discretion substantial-interference substantial-interference-with-justice total-offense-level | Did the United States District Court for the Northern District of Texas, Lubbock Division, abuse its discretion by imposing two consecutive sentences … |
| 19-7653 | Roosevelt Bigbee, Jr. v. Jonathan Lebo, Warden | Tennessee | 2020-02-12 | Denied | Response WaivedIFP | 5th-amendment constructive-amendment conviction criminal-attempt criminal-procedure due-process felony-murder indictment plea-agreement robbery statute testimony | Whether the admission of the plea agreement test mony evidence, of felony murder in the Perpetration of a robbery Included Tenn 3a-12-101 Criminal att… |
| 19-7617 | Donato Amaya-Rivas v. United States | Eleventh Circuit | 2020-02-10 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining right-against-self-incrimination right-to-counsel sentencing sentencing-enhancement | I. Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily … |
| 19-7350 | Billy Battenfield v. Oklahoma | Oklahoma | 2020-01-21 | Denied | IFP | aedpa appeal-waiver criminal-procedure critical-stage garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining post-sentencing retroactivity statute-of-limitations | 1. Whether Garza v. Idaho, — U.S. 139 S.Ct. 738, 203 L.Ed.2d 77 (2019) adopts a new watershed rule of procedure that applies retroactively on state co… |
| 19-7352 | Alfredo Godoy-Machuca v. United States | Ninth Circuit | 2020-01-21 | Denied | Response WaivedIFP | appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea | A. Whether the Ninth Circuit Court of Appeals erred in, at least implicitly, concluding that material affirmative misdavice given by defense counsel t… |
| 19-7303 | Michael W. Smith v. Illinois | Illinois | 2020-01-16 | Denied | IFP | civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment | Does the Petitioner have a Legal right by the U.S. Constitution and the Illinois Constitution, State law to be admonished about indefinite involuntary… |
| 19-7265 | Joseph Totoro, II v. United States | Third Circuit | 2020-01-13 | Denied | Response WaivedIFP | criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial | 1. Did the Court, the United States Attorney, and the former attorneys violate DQJ policy and Due Process by allowing him to give up all his rights, … |
| 19-7245 | Darren Lavald Bowie v. United States | Fifth Circuit | 2020-01-10 | Denied | Response WaivedIFP | collateral-relief constitutional-waiver habeas-corpus ineffective-assistance plea-agreement sixth-amendment unknowing-waiver waiver | 1. Does a Plea Agreement which waives challenges to collateral relief forbid challenges to ineffective assistance in proceedings following the entry o… |
| 19-7197 | Darryl William Young v. United States | Ninth Circuit | 2020-01-07 | Denied | Response WaivedIFP | bank-robbery colloquy constitutional-law constitutional-question-of-procedural-law criminal-procedure criminal-procedure-rule-11 criminal-procedure-rule-20 direct-appeal district-court-jurisdiction due-process federal-jurisdiction federal-question-of-statutory-law federal-rules-criminal-procedure jurisdictional-venue overbroad-interpretation plea-agreement plea-validity procedural-requirements sentencing statutory-interpretation statutory-law venue waiver | 1. The United States Supreme Court is asked to resolve a federal question of jurisdictional law, whether the district court for the Eastern District o… |
| 19-7154 | In Re Corey Devon Eaton | 2020-01-02 | Denied | Response WaivedRelisted (2)IFP | actual-innocence cause-and-prejudice constitutional-infirmity due-process plea-agreement plea-agreement-involuntary plea-waiver procedural-default retroactive-relief safety-valve | ISSUE I (A) WHETHER CONSTITUTIONAL, STATUTORY INFIRMITIES, AND VIOLATIONS OF RULE 11 MAY HAVE RENDERED COREY DEVON EATON'S PLEA AGREEMENT, AND HIS PL… | |
| 19-7117 | Vance Edward Ingram, III v. United States | Fourth Circuit | 2019-12-31 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-power plea-agreement plea-bargaining waiver | IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 19-7126 | Ronald Damon v. United States | Third Circuit | 2019-12-31 | Denied | Response WaivedIFP | 18-usc-3583 5th-amendment appeal appellate-waiver circuit-split due-process due-process-clause plea-agreement post-conviction-waiver sentencing supervised-release | Whether an appellate and post-conviction waiver in a plea agreement barring challenges to the "sentence imposed" precludes an appeal of the denial of … |
| 19-7130 | Fabio Morel v. United States | Second Circuit | 2019-12-31 | Denied | Response WaivedIFP | appellate-review case-law circuit-court-interpretation criminal-procedure criminal-sentencing judicial-precedent plea-agreement plea-bargaining precedent retroactivity sentencing sentencing-guidelines statutory-construction statutory-interpretation supreme-court-precedent | I. WHETHER THE LOWER COURT'S DECISION IS IN CONFLICT WITH FREEMAN V. UNITED STATES, 564 U.S. 522 (2011); AND HUGHES V. UNITED STATES, 138 S. Ct. 1765 … |
| 19-7051 | Adan Reyes-Martinez v. United States | Fifth Circuit | 2019-12-23 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights | Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence because of the Waiver of Appeal provision in… |
| 19-6998 | Patrick Kofalt v. United States | Third Circuit | 2019-12-18 | Denied | Response WaivedIFP | 2255-motion conflict-of-interest due-process plea-agreement fourth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-procedure judicial-shell-game nix-v-whiteside plea-agreement sixth-amendment | I. Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers a… |
| 19-7004 | Mario Torres v. Shawn Hatton, Warden | Ninth Circuit | 2019-12-18 | Denied | Response WaivedIFP | blanket-policy brady-violations criminal-defendant-rights criminal-procedure discovery due-process evidence-withholding exculpatory-evidence federal-law ineffective-assistance plea-agreement policy right-to-counsel unreasonable-application | Whether Contra Costa County California's blanket policy of depriving a criminal defendant, the facts and the evidence (exculpatory or otherwise), surr… |
| 19-6957 | Venise Metayer v. Florida | Florida | 2019-12-16 | Denied | IFP | constitutional-rights double-jeopardy due-process fair-trial fifth-amendment fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-hearing | DID THE TRIAL/LOWER COURT CREATE A MANIFEST INJUSTICE WHEN IT ALLOWED THE PETITIONER TO PLEA TO CHARGES THAT VIOLATED DOUBLE JEOPARDY LAWS, WHEN THE T… |
| 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… |
| 19-6915 | Andrew Lee Thompson, II v. United States | Fourth Circuit | 2019-12-11 | Denied | Response WaivedIFP | civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process ex-post-facto plea-agreement plea-bargaining sentencing | Ulvi is IL feneivj vita IL SMe* lre<J\ if" cuJ jioSC Lre^cLs Jirecilj eJS®!' fL. PU Ar^rieoy <fyvd |>n>c€S^S€A3eo6e, ^■ffcTSTW^e/N U Sb-W j^seJ Qrs c,… |
| 19-6842 | Vivek Shah v. Marcus Holmes | Seventh Circuit | 2019-12-04 | Denied | Response WaivedIFP | 28-usc-2241 28-usc-2255 circuit-court-of-conviction collateral-review extortion factual-innocence habeas-corpus habeas-corpus-petition plea-agreement retroactive-statutory-interpretation section-2255 statutory-interpretation | (1) Whether a federal prisoner claiming factual innocence as a result of a new, retroactively applicable statutory interpretation by the circuit court… |
| 19-6638 | Yannier Arias v. United States | Eleventh Circuit | 2019-11-21 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel | 1. Whether conflicting affidavits require an evidentiary hearing for ineffective assistance of counsel. 2. Counsel was ineffective for not objecting … |
| 19-6649 | Alfred L. Brooks v. Dean Borders, Warden | Ninth Circuit | 2019-11-15 | Denied | Response WaivedIFP | cruel-and-unusual-punishment cruel-punishment dismissed-allegations double-jeopardy due-process extrajudicial-proceeding extrajudicial-proceedings parole parole-hearing plea-agreement | 1) Can state District Attorney 's Office and/or California Board of Parole Hearings utilize Parole Consideration Hearings as extrajudicial proceeding… |
| 19-617 | Nekebwe Superville v. United States | Second Circuit | 2019-11-14 | Denied | Response Waived | aggravated-felony attorney-misadvice deportation Padilla-v-Kentucky plea-agreement will equivocal-warnings 28-usc-2255 criminal-procedure deportation-consequences immigration ineffective-assistance ineffective-assistance-of-counsel judicial-warning plea-agreement plea-bargaining strickland-standard strickland-v-washington | When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim.… |
| 19-611 | Rene A. Boucher v. United States | Sixth Circuit | 2019-11-13 | Denied | Response RequestedResponse WaivedRelisted (2) | appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights | 1. Did the government waive its right to appeal the defendant's sentence when it expressly agreed that the defendant would be free to argue for a belo… |
| 19-6589 | Alicia Norman, Kendra Brantley, and Deenvaughn Rowe v. United States | District of Columbia | 2019-11-13 | Denied | IFP | attorney-client-relationship criminal-procedure criminal-procedure-rule-11 due-process federal-rules judicial-interference plea-agreement plea-bargaining sentencing sentencing-guidelines standard-of-review | KENDRA BRANTLEY: I. Was the D.C. Circuit's affirmance of Petitioner Brantley's convictions erroneous and in conflict with other federal jurisdictions … |
| 19-6606 | Ryan T. Root v. United States | Second Circuit | 2019-11-13 | Denied | Response WaivedIFP | constitutional-violation criminal-procedure cumulative-errors double-prosecution due-process ineffective-counsel law-and-fact merger-doctrine miscarriage-of-justice money-laundering plea-agreement sentencing sentencing-guidelines standard-of-review | I. WHETHER CUMULATIVE ERRORS OF LAW AND FACT LED TO A MISCARRIAGE OF JUSTICE AND A CONSTITUTIONAL VIOLATION? II. WHETHER A DEFENDANT MAY BE CONVICTED… |
| 19-6612 | Jerome Small v. Pennsylvania | Pennsylvania | 2019-11-13 | Denied | Response WaivedIFP | abuse-of-discretion brady-claim constitutional-procedure due-diligence judicial-discretion pcra-court-discretion plea-agreement prosecutorial-disclosure prosecutorial-misconduct timeliness | Is their four (4) prongs to establishing a Brady claim ? Is the burden on the defense to scavage for Brady material to show due diligence ? Is a Br… |
| 19-6615 | Jayvonne Johnson v. United States | Fifth Circuit | 2019-11-13 | Denied | Response WaivedIFP | appeal-rights appellate-rights appellate-waiver collateral-relief criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-agreements statutory-entitlement statutory-rights | Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement? |
| 19-6627 | Andre Williamson v. United States | Ninth Circuit | 2019-11-13 | Denied | Response WaivedIFP | boykin-standard boykin-v-alabama due-process equal-protection judicial-fairness mental-health mental-health-defendant mental-health-defendants plea-agreement plea-agreements plea-bargaining sentencing strickland-standard strickland-v-washington | Will the Supreme Court just step aside or now step in for the current and future generation of mental health defendants that desperately need this cou… |
| 19-6575 | Dorothy Williams Elliott v. Florida | Florida | 2019-11-12 | Denied | Relisted (2)IFP | civil-rights court-proceedings criminal-procedure due-process expungement ineffective-assistance-of-counsel legal-counsel plea-agreement plea-bargaining probation sentencing | 1. On March 11, 2010, at the Felony Sounding Hearings The State of Florida was ready, and made the "Ore R." Why wasn't Attorney Robert L White, prepar… |
| 19-6560 | Matthew Joseph Lucio v. United States | Fifth Circuit | 2019-11-08 | Denied | Response WaivedIFP | consideration contract-law criminal-procedure due-process fifth-amendment guilty-plea habeas-corpus plea-agreement united-states-court-of-appeals | Whether Mr. Lucio's plea agreement which extracted his guilty plea lacks consideration, and if so, whether his guilty plea violates the Fifth Amendmen… |
| 19-6421 | Ralph Herman Fox, Jr. v. United States | Eleventh Circuit | 2019-10-30 | Denied | Response WaivedIFP | due-process fairness government-misconduct judicial-discretion plea-agreement plea-bargaining public-policy sentencing statutory-maximum supervisory-powers | Whether in affirming the imposition of the statutory maximum sentence of 360 months on Ralph Fox, where (1) Petitioner Fox entered a guilty plea and (… |
| 19-6363 | David Pearson v. United States | Eleventh Circuit | 2019-10-24 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appeal-rights armed-career-criminal armed-career-criminal-act categorical-analysis drug-offense drug-offenses ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement sentencing sentencing-enhancement statutory-maximum | 1. Did the court of appeals, in rejecting petitioner's claim that his sentencing counsel provided ineffective assistance by failing to challenge his a… |
| 19-6376 | Josue Osvaldo Solis v. United States | Fifth Circuit | 2019-10-24 | Denied | Response WaivedIFP | appeal construction criminal-procedure due-process fairness fairness-doctrine plea-agreement sentence-appeal sentencing waiver waiver-of-rights | 1. Whether, consistent with the Due Process Clause, a defendant can knowingly waive the right to appeal his sentence when his purported waiver occurs … |
| 19-6314 | Ralph Willard Savoie v. United States | Fifth Circuit | 2019-10-21 | Denied | Response WaivedIFP | conflict-of-interest criminal-procedure due-process haymond-v-united-states parole plea-agreement precedent sentencing statutory-interpretation suborned-perjury supervised-release supreme-court supreme-court-precedent united-states-v-watts waiver-of-appeal | [1] Can United States v. Watts stand in light of recent holdings in Haymond v. United States? [2] Does a waiver of appeal, in light of Garza v. Idaho… |
| 19-6295 | Antonio Flores v. United States | Fifth Circuit | 2019-10-17 | Denied | Response WaivedIFP | appeal-waiver appearance-of-partiality circuit-split constitutional-due-process constitutional-review district-court due-process judicial-bias judicial-impartiality miscarriage-of-justice plea-agreement sentencing-procedure | Does a broad appeal waiver included in a plea agreement between a defendant and the United States preclude appellate review of the district court's fi… |
| 19-491 | Nilesh Bharatkumar Kumar v. United States | Ninth Circuit | 2019-10-17 | Denied | Response Waived | criminal-procedure hill-v-lockhart immigration-law ineffective-assistance ineffective-assistance-of-counsel legal-resident plea-agreement plea-bargaining prejudice-analysis strickland-standard strickland-v-washington | To establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), a defendant who has pleaded guilty based on deficient advice from his atto… |
| 19-6231 | William Dean Chapman v. United States | Fourth Circuit | 2019-10-16 | Denied | Response WaivedRelisted (2)IFP | aedpa aedpa-limitations circuit-split due-process equitable-tolling evidentiary-hearing fraud-upon-the-court habeas-corpus hill-v-lockhart holland-v-florida kyles-v-whitley lemaster materiality miller-v-united-states plea-agreement prosecutorial-misconduct raines-v-united-states rule-11 standing strickland supreme-court-precedent | 1) a.Is equitable tolling warranted when access to legal files and resources is severely hampered? Where the 4th Circuit has denied equitable tolling… |
| 19-6240 | John Lee Norris v. United States | Eighth Circuit | 2019-10-10 | Denied | Response WaivedIFP | 10th-amendment 5th-amendment 9th-amendment civil-rights constitutional-rights criminal-procedure due-process federal-criminal-jurisdiction judicial-standing plea-agreement standing subject-matter-jurisdiction supremacy-clause | Whether the United States Court's for the Eighth circuit has failed to to adhere to the accepted and usual course of Judicial proceedings established … |
| 19-6185 | Aaron Lee Smiley v. United States | Fourth Circuit | 2019-10-07 | Denied | Response WaivedRelisted (2)IFP | appellate-review civil-rights coercion constitutional-rights due-process forfeiture home-forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-agreement standing | I. Does a plea agreement need to pass constitutional muster before it waives a person's right to challenge on appeal the forfeiture of his or her home… |
| 19-6132 | Christian Joseph Chavez v. United States | Fifth Circuit | 2019-10-03 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure due-process judicial-review miscarriage-of-justice plea-agreement sentencing | The Fifth Circui t Court of Appe als has held that to determine whether an appea l of a sente nce is barred by an appe al wai ver pro vision in a plea… |
| 19-6021 | Ricardo Valles De La Rosa v. United States | Fifth Circuit | 2019-09-23 | Denied | Response WaivedIFP | braxton-precedent braxton-v-united-states criminal-procedure due-process fifth-circuit nelson-v-colorado plea-agreement plea-bargaining sentencing | WHETHER THE FIFTH CIRCUIT COURT OF APPEALS' AFFIRMANCE OF THE PETITIONER'S GUILTY-PLEA SENTENCE VIOLATED PETITIONER'S DUE PROCESS RIGHTS UNDER, AND TH… |
| 19-5954 | Ricardo Irive v. Jo Gentry, Warden, et al. | Ninth Circuit | 2019-09-16 | Denied | Response WaivedIFP | attorney-negligence constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sixth-amendment | DOES IT CONSTITUTE INEFFECTIVE ASSISTANCE OF COUNSEL TO ALLOW A PLEA AGREEMENT THE DEFENDANT WISHED TO TAKE LAPSE DUE TO MISTAKE OR NEGLIGENCE? |
| 19-5874 | David Kirkland v. United States | Third Circuit | 2019-09-09 | Denied | Response WaivedIFP | acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial | 1. Whether the petitioner's attorney was ineffective for withholding information that cost defendant a three-point sentencing reduction for acceptance… |
| 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… |
| 19-5811 | 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 … |
| 19-5778 | Hosam Maher Husein Smadi v. United States | Fifth Circuit | 2019-09-03 | Denied | Response WaivedIFP | 18-usc-3553a constitutional-rights due-process effective-counsel equal-protection manifest-injustice plea-agreement right-to-effective-counsel rule-11 sentencing sentencing-guidelines supreme-court-precedent | 1). Whether Smadi in this Case would suffer a manifest injustice and an extreme hardship by serving several extra years in prison absent such relief i… |
| 19-5738 | Carlos Manuel Perez-Crisostomo v. United States | First Circuit | 2019-08-29 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process identity name obstruction-of-justice plea-agreement puerto-rico sentencing sentencing-court sentencing-enhancement sentencing-guidelines u.s.s.g.-3c1.1 | I.- Whether the Sentencing Court erred in founding Petitioner obstructed justice, pursuant to U.S.S.G. § 3C1.1, when Petitioner did not correct the … |
| 19-5742 | Robert Gene Rand v. United States | Ninth Circuit | 2019-08-29 | Denied | Response WaivedIFP | acceptance-of-responsibility appellate-review criminal-procedure district-court district-court-discretion factual-findings ninth-circuit plea-agreement sentencing-guidelines sentencing-guidelines-application sentencing-reductions standard-of-review | Whether a circuit court errs by affirming a district court's decision regarding the applicability of the United States Sentencing Guidelines based on … |
| 19-5646 | Brian Caputo v. United States | Ninth Circuit | 2019-08-20 | Denied | Response WaivedIFP | cognitive-capacity cognitive-impairment competency criminal-procedure criminal-procedure-plea-bargaining due-process knowing-intelligent-waiver mental-capacity neurological-impairment neurology plea-agreement | Does a defendant knowingly, voluntarily, and intelligently enter into a plea agreement where he is neurologically incapable of understanding the futur… |
| 19-5641 | David Anthony Gordon v. United States | Eleventh Circuit | 2019-08-19 | Denied | Response WaivedIFP | appeal-waiver due-process government-breach judicial-assignment judicial-procedure mandatory-minimum plea-agreement safety-valve sentencing sentencing-discretion | Whether, in reaching the decision to affirm in part and to dismiss in part, the Eleventh Circuit Court of Appeals has so far departed from the accepte… |
| 19-5603 | Jonathan Javier Aleman v. United States | Eleventh Circuit | 2019-08-15 | Denied | Response WaivedIFP | appeal-waiver certificate-of-appealability collateral-review constitutional-counsel criminal-case-defendant-rights criminal-defense evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-appeal sentencing sentencing-challenge subject-matter-jurisdiction | 1. This Court provides that a defense attorney must consult with case defendant concerning the defendant's right to appeal and the of waiving that rig… |
| 19-5536 | Gabriel Vashon Seay v. United States | Fourth Circuit | 2019-08-12 | Denied | Response WaivedIFP | case-law criminal-procedure due-process ineffective-assistance ineffective-counsel investigation legal-investigation plea-agreement plea-bargaining right-to-counsel strickland-standard strickland-v-washington | Where Strickland v. Washington, serves as the current case law protecting an accused's right to fair and competent assistance of legal counsel, there … |
| 19-5538 | Timothy Jamaras Burns v. United States | Fifth Circuit | 2019-08-09 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process fifth-circuit habeas-corpus plea-agreement plea-bargaining section-2255 waiver-of-appeal | Whether the Fifth Circuit erred by ruling that Mr. Burns § 2255 claims are barred by the Waiver of Appeal provision in his Plea Agreement. |
| 19-5539 | Nicholas Gilbert Beattie v. United States | Eighth Circuit | 2019-08-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | breach-of-contract contract-law criminal-procedure due-process ethics plea-agreement prosecutorial-conduct prosecutorial-misconduct sentencing sentencing-recommendation | Whether the prosecutor's conduct in speaking out of both sides of his mouth with respect to a sentencing recommendation they had agreed to make is a b… |
| 19-5546 | Kevin Lyndell Yates v. Amy M. Harper | Fourth Circuit | 2019-08-09 | Denied | IFP | civil-rights consent-to-search constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel interrogation inventory-of-seized-items miranda-warnings plea-agreement police-questioning search-warrant | 1. Does a defendant who has been handcuffed ,informed that there is a indictment for his arrest ,questioned by the arresting officer ,asked by the ar… |
| 19-5505 | Jose Hernandez-Carbajal v. United States | Fourth Circuit | 2019-08-08 | Denied | Response WaivedIFP | due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment | I. Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated in the Follow? a) When Counsel Failed to file a Not… |
| 19-5422 | Michael A. Webb v. United States | Fifth Circuit | 2019-07-31 | Denied | Response WaivedIFP | adam-walsh-act adam-walsh-child-protection-and-safety-act constitutional-rights criminal-procedure criminal-prosecution double-jeopardy ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-guidelines | Was petitioner, Michael A. Webb, subjective to ineffective assistance of counsel or deficient representation by defense counsel in a prosecution? Was… |
| 19-5407 | Fabian Delgado v. United States | Fifth Circuit | 2019-07-30 | Denied | Response WaivedIFP | consideration contract contract-law criminal-procedure defendant-benefit due-process legal-principle plea-agreement sentencing | 1. Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement. |
| 19-5362 | Kasine Deleston v. United States | Second Circuit | 2019-07-26 | Denied | Response WaivedIFP | and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea | Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the … |
| 19-5300 | Fremo Santana v. United States | Third Circuit | 2019-07-25 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure cross-examination guideline-range ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-guidelines sentencing-proceedings | WHETHER DEFENSE COUNSEL'S PERFORMANCE WAS CONSTITUTIONALLY INEFFECTIVE FOR ERRONEOUSLY MISCALCULATING PETITIONER'S GUIDELINE RANGE WHICH WAS THE DECID… |
| 19-5333 | Charles York Walker, Jr. v. United States | Fourth Circuit | 2019-07-25 | GVR | IFP | abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 | Whether a district court abuses its discretion by determining whether to accept or reject a plea agreement under Rule 11 of the Rules of Criminal Proc… |
| 19-5118 | Jason Paul Mathison v. Washington | Washington | 2019-07-09 | Denied | IFP | collateral-attack constitutional-rights criminal-procedure due-process involuntary-plea judicial-procedure plea-agreement plea-bargaining probation sentencing sentencing-conditions time-limits treatment-program vagueness | 1. Are constitutional rights of due process violated when a court imposes a condition that requires a defendant to "successfully complete" a treatme… |
| 19-5066 | Jordon Louis Dongarra v. United States | Sixth Circuit | 2019-07-05 | Denied | Response WaivedRelisted (2)IFP | 18-usc-3161 constitutional-claims double-jeopardy due-process federal-court habeas-corpus ineffective-counsel jurisdiction plea-agreement prisoner-rights pro-se speedy-trial statutory-interpretation | 1) IF Your OriqNAl IndiCtmeNt is lAte ANd dismissed UNder 18 USC 316/A) qrantina the Ends oF Justice . Wher You Get A Second Irdictment When the First… |
| 19-5038 | Donald Willems v. United States | Eleventh Circuit | 2019-07-02 | Denied | Response WaivedIFP | appeal-waiver constitutional-protections contract-law criminal-procedure due-process plea-agreement right-to-counsel sixth-amendment speedy-trial | 1. Does an Appeal Waiver which is contained within a Plea Agreement toll the filing of a Notice to Appeal under the Sixth Amendments right to a speed… |
| 18A1365 | Juaquene Solomon v. United States | Sixth Circuit | 2019-06-26 | Presumed Complete | career-offender controlled-substance judicial-discretion plea-agreement sentencing-guidelines sixth-circuit | Question not identified. | |
| 18-9747 | Glenn Damond v. Louisiana | Louisiana | 2019-06-20 | Denied | Response WaivedIFP | bills-of-credit civil-rights constitutional-rights due-process extortion financial-instrument fraud fraud-on-court judicial-function judicial-misconduct natural-rights plea-agreement trespassing | 1. Is it constitutional for the trial court to disguise an investment instrument into a criminal plea agreement, use it to extort the rights of an am… |
| 18-9701 | Antoine Gause v. United States | Fourth Circuit | 2019-06-18 | Denied | Response WaivedIFP | constitutional-law constitutional-rights criminal-procedure due-process judicial-error miscarriage-of-justice plea-agreement plea-bargaining sentencing supervised-release | Whether the lower courts fundamentally erred through a mis- carriage of justice, by unconstitutionally sentencing the Petitioner to a longer sentence … |
| 18-9672 | Jill Andras LeBlanc v. United States | Fifth Circuit | 2019-06-14 | Denied | Response WaivedIFP | appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-procedure statutory-rights | The right to appeal a criminal sentence is a statutory entitlement under 18 U.S.C. § 3742. But in many federal jurisdictions—including the Eastern Dis… |
| 18-9635 | Carlos Antonio Flores v. United States | Fourth Circuit | 2019-06-12 | Denied | Response WaivedIFP | adequate-deference co-defendant-sentences deference due-process just-punishment plea-agreement plea-bargaining sentencing sentencing-disparities substantive-reasonableness | Is the Sentence Substantially unreasonable because if creates unwarranted Sentence Disparities for deterrence and in light of the fact that the Senten… |
| 18-9581 | Marcus Arenell Evans v. United States | Fifth Circuit | 2019-06-07 | Denied | Response WaivedIFP | appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation | I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpreta… |
| 18A1262 | Alexander Christian Miles v. United States | Tenth Circuit | 2019-06-04 | Presumed Complete | aedpa circuit-split factual-innocence habeas-corpus plea-agreement writ-of-certiorari | Question not identified. | |
| 18-9303 | Larry Ray Lincks v. United States | Fifth Circuit | 2019-05-16 | Denied | Response WaivedIFP | appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence | I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpreta… |
| 18-9291 | Adrian Green v. United States | Eleventh Circuit | 2019-05-15 | Denied | Response WaivedIFP | 6th-amendment career-offender criminal-history due-process ineffective-assistance ineffective-assistance-of-counsel plain-error plea-agreement prior-convictions sentencing sentencing-error | Was defense counsel ineffective or deficient in their representation of the defendant? Whether the district court committed reversible plain error in… |
| 18-9255 | Santosh Ram v. United States | Eighth Circuit | 2019-05-14 | Rehearing | Response WaivedRelisted (2)IFP | criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines | Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co… |
| 18-9216 | Klark Deziray Hopkins v. California | California | 2019-05-09 | Denied | Response WaivedIFP | appeal appeal-waiver constitutional-rights due-process fourteenth-amendment ineffective-assistance liberty plea-agreement presumption-against-waiver property right-to-appeal | 1. Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause's guaranty against deprivati… |
| 18-9168 | Melissa Owens v. United States | Sixth Circuit | 2019-05-08 | Denied | Response WaivedIFP | civil-rights controlled-substances criminal-history drug-trafficking due-process equal-protection plea-agreement racial-discrimination school-desegregation sentencing sentencing-guidelines voting-rights | Question not identified. |
| 18-9180 | Cesar Arce-Hernandez v. United States | Ninth Circuit | 2019-05-07 | Denied | Response WaivedIFP | appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment | I. Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appea… |
| 18-9049 | Jackie Madore v. United States | First Circuit | 2019-04-30 | Denied | Response WaivedIFP | appellate-procedure appellate-waivers contract-law criminal-law criminal-procedure due-process plea-agreement plea-bargaining sentencing sentencing-disparity | I. Whether the Supreme Court of the United States should review appellate waivers in criminal cases under principles of contract law. A concatenation … |
| 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… |
| 18-8978 | Rico Montell Reid v. United States | Fourth Circuit | 2019-04-24 | Denied | Response WaivedIFP | criminal-procedure criminal-procedure-11 defendant-rights district-court due-process judicial-coercion judicial-discretion plea-agreement plea-bargaining presentence-report sentencing sentencing-guidelines withdrawal-of-plea | Whether Federal Rule of Criminal Procedure 11 prohibits a district court from discussing sentencing options with a defendant at the sentencing hearing… |
| 18-8912 | Cirilo Flores v. United States | Third Circuit | 2019-04-22 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure criminal-procedure-plea-bargaining due-process guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-agreement prejudice strickland-v-washington voluntary-and-intelligent-choice voluntary-plea | (1) WHETHER OR NOT THE GUILTY PLEA ENTERED WAS LEGAL WHENPETITIONER DID NOT FULLY UNDERSTAND, KNOW OR INTELLIGENTLY ACCEPT VOLUNTARY THE GUILTY PLEA A… |
| 18-8922 | In Re Efrain Campos | 2019-04-19 | Denied | IFP | due-process fraud habeas-corpus parole parole-eligibility plea-agreement plea-bargaining prosecutorial-misconduct sentencing | Was Petitioner Efrain Campos Denied A Fundamentally Fair Guilty Plea Procedural Execution, By The With Holding Of Information By The Assistant Distric… | |
| 18-8842 | Michael Demon Nixon v. United States | Fifth Circuit | 2019-04-16 | Denied | Response WaivedIFP | commerce-clause criminal-procedure due-process federal-firearms-law-922g firearm-possession interstate-commerce mens-rea plain-error-review plea-agreement statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana | I. Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is … |
| 18-8846 | Silvio Lopez Cuellar v. United States | Eleventh Circuit | 2019-04-16 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing sentencing-appeal sentencing-guidelines statutory-interpretation waiver-of-rights | Does a defendant's plea agreement waiver of the statutory right of a sentencing appeal preclude appellate review of the sentence even where the distri… |
| 18-8829 | Leonid Djuga, aka Leonid Dzhuga v. United States | Fifth Circuit | 2019-04-15 | Denied | Response WaivedIFP | appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining statutory-rights | Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement? |
| 18-8831 | Javier Contreras Vargas v. United States | Fifth Circuit | 2019-04-15 | Denied | Response WaivedIFP | appeal-waiver booker booker-remedy constitutional-challenge criminal-procedure due-process plea-agreement public-policy sentencing-enhancement sentencing-guidelines | I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpreta… |
| 18-8794 | Ricky Raymond Ball v. United States | Eighth Circuit | 2019-04-11 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release | 1. Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N) when, rather than informing Mr. Ball of the extent to which he was wa… |
| 18-1282 | David Lee Sanders v. Alabama | Alabama | 2019-04-09 | Denied | Response Waived | constitutional-rights criminal-procedure double-jeopardy due-process illegal-plea plea-agreement plea-bargaining probation reversal sentencing speedy-trial | 1. Whether a criminal defendant who pleads guilty pursuant to a negotiated plea agreement and serves a five-year, split sentence, which is subsequentl… |
| 18-8763 | Terry Walker v. United States | Seventh Circuit | 2019-04-09 | Denied | Response WaivedIFP | criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation | 1) Can a sentencing court consistent with the Sixth Amendment to the United States Constitution recharaterize a defendant's conviction into conduct th… |
| 18-8623 | Justin Cole Milam v. United States | Fourth Circuit | 2019-03-29 | Denied | Response WaivedIFP | appeal-waiver constitutional-review criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing standard-of-review | I. Are appeal waivers presented in federal criminal plea agreements an unconstitutional overreach by the Government preventing review of constitutiona… |
| 18-8630 | Joseph Christopher Birdtail v. United States | Ninth Circuit | 2019-03-29 | Denied | Response WaivedIFP | criminal-procedure discovery due-process evidentiary-hearing federal-rules-of-civil-procedure habeas-corpus habeas-proceedings ineffective-assistance-of-counsel plea-agreement plea-bargaining plea-withdrawal section-2255 | Is it error for a district court to deny either discovery proceedings or an evidentiary hearing under the Federal Rules Governing Section 2255 Proceed… |
| 18-8495 | Leroy Scott v. United States | Fourth Circuit | 2019-03-22 | Denied | Response WaivedIFP | brady-violation conflict-of-interest death-penalty ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-agreement plea-bargaining right-to-counsel | WHETHER COUNSEL'S INEFFECTIVENESS CONFLICTS WITH THE HOLDING IN MISSOURI v FRYE, FOR FAILING TO ADVISE PETITIONER OF THE MEANS TO SET FORTH IN THE DEA… |
| 18-8410 | Marshall Ray Miller v. Joseph L. McFadden, Warden | Fourth Circuit | 2019-03-14 | Denied | Response WaivedIFP | certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing | Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a con… |
| 18-8364 | James D. Sullivan v. United States | Sixth Circuit | 2019-03-11 | Denied | Response WaivedIFP | child-pornography criminal-procedure evidence-rule-414 evidentiary-hearing federal-rules-of-evidence grand-jury plea-agreement plea-withdrawal prosecutorial-discretion rule-104 rule-414 | In a prosecution of a child pornography case under Title 18 U.S.C., Chapter 110, the government may seek to admit evidence of prior similar acts under… |
| 18-8273 | Cecilio Cuero Payan v. United States | Eleventh Circuit | 2019-03-06 | Denied | IFP | conflict-free-attorney conflict-of-interest criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-counsel sixth-amendment waiver | Whether, under the sixth amendment, a criminal defendant may waive his right to raise a claim of ineffective assistance of counsel as part of a plea-a… |
| 18-8301 | Michael Daniel Cuero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation | Ninth Circuit | 2019-03-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appellate-review court-of-appeals court-of-appeals-interpretation district-court due-process judicial-review mandate plea-agreement remand rule-21 sentencing sentencing-consequences state-court supreme-court-mandate writ-of-mandamus | This Court previously reversed and remanded petitioner's case to the court of appeals. The judges of that court, however, have different interpretatio… |
| 18-8247 | Patrick Joseph Kofalt v. United States | Third Circuit | 2019-03-04 | Denied | Response WaivedIFP | conflict-of-interest constitutional-rights counsel-waiver due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-counsel sixth-amendment waivers | Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation? Di… |
| 18-8183 | Gregory Frank Sperow v. United States | Ninth Circuit | 2019-03-01 | Denied | Response WaivedIFP | appeal-waiver civil-procedure due-process fifth-amendment fundamental-fairness government-breach government-misconduct plea-agreement property-rights rule-11 waiver waiver-provision | Whether the government can breach a Rule .11(c)(1)(C) plea agreement concerning the return of seized properties and then rely on the agreement's waive… |
| 18-8210 | Mahogany Taquilla Alexander v. Mark S. Inch, Secretary, Florida Department of Corrections | Eleventh Circuit | 2019-03-01 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-discretion | 1. DID TRIAL COURT ABUSE ITS DISCRETION BY CONSIDERING A NOLLE PROSSED CHARGE OF FIRST DEGREE MURDER IN SENTENCING PETITIONER TO THE 20-YEAR PLEA CAP,… |
| 18-8173 | Ruben R. Herrera v. Brandon Price | Ninth Circuit | 2019-02-28 | Denied | Response WaivedRelisted (2)IFP | 5th-amendment arbitrary-and-capricious civil-rights collateral-estoppel double-jeopardy due-process fifth-amendment fourteenth-amendment plea-agreement pre-trial-detention | CLAIMS FOR RELIEF A. CLAIM ONE: PETITIONER'S PRE-TRIAL DETENTION AGAINST HIS FIFTH AND AND FOURTEENTH AMENDMENT RIGHT AGAINS DOUBLE JEOPARDY. Becaus… |
| 18-8176 | Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2019-02-28 | Denied | IFP | constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment | Petitioner's Constitutional Rights were violated when he guilty plea was not knowingly and intelligently made when the details of the guilty plea were… |
| 18-8188 | Jermaine C. Williams v. Ron DeSantis, Governor of Florida, et al. | Eleventh Circuit | 2019-02-28 | Denied | Response WaivedIFP | constitutional-interpretation constitutional-law contract contract-clause criminal-procedure due-process judgment judicial-review lower-tribunal plea-agreement sentencing united-states-constitution | WHETHER THE PLEA AGREEMENT AFFIRMED BY THE LOWER TRIBUNAL VIOLATED THE CONTRACT AND DUE PROCESS CLAUSES OF THE UNITED STATES CONSTITUTION |
| 18-8130 | Eduardo Segoviano-Briseno v. United States | Fifth Circuit | 2019-02-25 | Denied | Response WaivedIFP | consideration contract-law criminal-procedure defendant-rights due-process federal-courts judicial-interpretation legal-consideration plea-agreement plea-bargaining sentencing | 1. Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement. |
| 18-1102 | Askia Cuff v. Virginia | Virginia | 2019-02-22 | Denied | Response Waived | abandonment coercion counsel-withdrawal criminal-procedure plea-agreement plea-bargaining right-to-counsel sixth-amendment voluntariness voluntary voluntary-waiver withdrawal | Was Appellant's waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion – t… |
| 18-8098 | In Re Christopher Hanson | 2019-02-22 | Denied | IFP | due-process government-interference habeas-corpus pcra plea-agreement post-conviction-relief-act statutory-interpretation statutory-provisions timeliness | WHETHER APPELLANT HANSON'S PCRA'S WERE TIMELY UNDER 42 Pa. C.S. § 9545(b) DUE TO GOVERNMENT INTERFERENCE AND REFUSAL TO RELEASE DOCUMENTS. WHETHER AP… | |
| 18-8115 | Kenny Daniel Barrios v. United States | Eighth Circuit | 2019-02-22 | Denied | Response WaivedIFP | 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-guidelines sixth-amendment type-c-plea | Whether the failure of counsel to object to inaccurate calculated Sentencing Guidelines is ineffective assistance of counsel, as provided under the Si… |
| 18-7997 | Samuel Gregg Allen v. United States | Fifth Circuit | 2019-02-15 | Denied | Response WaivedIFP | appeal civil-rights constitutional-provision criminal-procedure due-process fifth-circuit plea-agreement unconstitutional waiver waiver-of-appeal | Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Allen's Plea Agreement. |
| 18-7896 | Ricardo Montanez-Quinones v. United States | First Circuit | 2019-02-13 | Denied | Response WaivedIFP | child-pornography distribution evidence knowingly-distributed knowledge plea-agreement prosecutorial-discretion sentencing-enhancement sentencing-guidelines | What constitutes sufficient evidence of knowledge to support two level enhancement for "knowingly engaging in distribution" of child pornography under… |
| 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… |
| 18-7842 | Brian Michael Burton v. United States | Sixth Circuit | 2019-02-07 | Denied | Response WaivedIFP | emotional and physical dominion and control over 5th-amendment confidential-informant downward-departure due-process government-misconduct plea-agreement psychological-control sentencing statutory-minimum-sentence | Whether a downward departure from a statutory minimum sentence is warranted when the abusive tactics of the Government acting in concert with a Confid… |
| 18-7740 | Esequiel Joel Rodriguez v. United States | Fifth Circuit | 2019-02-04 | Denied | Response WaivedIFP | acceptance-of-responsibility certificate-of-appealability due-process government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment | 1. Whether It Was Error to deny Rcdriguez A Certificate of Appealability, to Pursue His Sixth Amendment Claim on Appeal, Where He Demonstrated Ineffec… |
| 18-7639 | Caster Delaney Whetstone v. United States | Fourth Circuit | 2019-01-29 | Denied | IFP | appellate-waiver armed-career-criminal armed-career-criminal-act circuit-split illegal-sentence plea-agreement sentencing statutory-maximum | Whether a defendant's challenge to his status as an armed career criminal, where the sentence is in excess of the otherwise applicable statutory maxim… |
| 18-7593 | Richard Michael Sanchez v. United States | Ninth Circuit | 2019-01-28 | Denied | Response WaivedIFP | appellate-waiver consecutive-sentence criminal-procedure criminal-sentencing due-process legal-interpretation plea-agreement sentencing | 1. Does a plea agreement's limited appellate waiver preclude a defendant's challenge of a decision to impose a consecutive sentence where the appellat… |
| 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… |
| 18-7588 | Frank Odom, Jr. v. United States | Fourth Circuit | 2019-01-25 | Denied | Response WaivedIFP | appeal-waiver district-court due-process fourth-circuit mitigation mitigation-arguments plea-agreement remand sentencing | Does a plea agreement with an appeal waiver waive the right to obtain a remand requiring the district court to actually consider the defendant's mitig… |
| 18-7554 | Jack Ferm v. Office of the Attorney General of Nevada | Nevada | 2019-01-24 | Denied | IFP | attorney-general-misconduct contract-breach contract-damages fair-dealing false-statement gainful-employment good-faith good-faith-and-fair-dealing implied-covenant implied-covenant-of-good-faith-and-fair-dealing plea-agreement restitution | Whether the court below erroneously held, a false statement, that petitioner had been convicted of a felony, placed on the internet by the Attorney Ge… |
| 18-7447 | Christopher E. Lemon v. United States | Fifth Circuit | 2019-01-16 | Denied | Response WaivedIFP | constitutional constitutional-provision constitutional-rights criminal-procedure due-process fifth-circuit plea-agreement waiver-of-appeal | Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Lemon's Plea Agreement. |
| 18-7418 | Derrick T. Seals v. United States | Eighth Circuit | 2019-01-15 | Denied | Response WaivedIFP | 851-enhancement ambiguous-plea contract criminal-procedure due-process enhancement government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing sentencing-enhancement sentencing-guidelines supervised-release | Did government breach plea agreement/contract when defendant never agreed to. enhancement? Was Defendant mislead into plea agreement provisions inclu… |
| 18-7419 | Fausto Becerra v. United States | Fifth Circuit | 2019-01-15 | Denied | Response WaivedIFP | accountability constitutional-rights criminal-procedure drug-offenses drug-quantity due-process maximum-punishment plea-agreement plea-bargain prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines | Because the stipulation in the plea bargain which limited the amount and type of drugs was not followed or advocated by the Government, Mr. Becerra wa… |
| 18-854 | George Alvarez v. City of Brownsville, Texas | Fifth Circuit | 2019-01-04 | Denied | Amici (2)Response RequestedResponse WaivedRelisted (2) | brady-disclosure brady-v-maryland criminal-defendant criminal-procedure due-process exculpatory-evidence monell-liability municipal-liability plea-agreement plea-bargaining united-states-v-ruiz | 1. In Brady v. Maryland, 373 U.S. 83 (1963), this Court held that due process requires the government to disclose material exculpatory evidence to a c… |
| 18-7150 | Daniel Hostetler v. Kentucky | Kentucky | 2018-12-20 | Denied | Response WaivedIFP | brady-violation brady-violation-suppression circuit-split constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea plea-agreement prosecutorial-misconduct suppression | (1) Whether material exculpatory evidence is unconstitutionally suppressed when the defense is made aware its existence and its content, but is later … |
| 18-7104 | Axel Irizarry-Rosario v. United States | First Circuit | 2018-12-19 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process government-misconduct government-obligation government-obligations judicial-ethics plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-argument statutory-interpretation | May the government avoid its obligation to scrupulously observe the terms of a plea agreement by including in its sentencing argument information not … |
| 18-7106 | Ramiro Plascencia-Orozco v. United States | Ninth Circuit | 2018-12-19 | Denied | Response WaivedIFP | appeal breach breach-of-contract commerce-clause constitutional-violation criminal-procedure double-jeopardy due-process eleventh-amendment judicial-power plea-agreement sentencing | Whether the District Court Erred When it Declared, Petitioner Breached His 2011 Plea Agreement and Thus Allowed the Government to go Forward on Charge… |
| 18-7087 | Daniel Lopez v. United States | Tenth Circuit | 2018-12-18 | Denied | Response WaivedIFP | circuit-court-conflict circuit-court-split circuit-split criminal-procedure due-process judicial-review plain-error plea-agreement prosecutorial-misconduct | Whether the District Court committed plain error by allowing the prosecutor to commit prosecutorial misconduct by breaching the plea agreement. The Te… |
| 18-7042 | Robert Tracy Warterfield v. Texas | Texas | 2018-12-14 | Denied | IFP | constitutional-interpretation contracts-clause due-process federal-precedent plea-agreement retroactive-application retroactive-legislation state-plea-agreements supreme-court-precedent | What is the proper application, if any, of the Contracts Clause to a plea agreement contract, and did Texas misapply the Federal Contracts Clause to P… |
| 18-6995 | Ashley Owens v. United States | Fifth Circuit | 2018-12-11 | Denied | Response WaivedIFP | co-defendant co-defendant-disparity criminal-procedure due-process equal-protection loss-calculation plea-agreement sentencing | 1. Did the Lower Courts violate the Due Process Clause when they sentenced Owens based on an unproven and inflated loss? 2. Did the Lower Courts viol… |
| 18-6938 | Jarrod Phillips v. Rusty Washburn, Warden | Sixth Circuit | 2018-12-07 | Denied | Response WaivedIFP | appeal appellate-procedure boykin-precedent boykin-v-alabama civil-rights constitutional-review constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines fourteenth-amendment incorporation ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining strickland-standard strickland-v-washington | Whether the lower courts denial is contrary to this Honorable Supreme Court's holding in Boykin v. Alabama in the Plea matter. Whether the lower cour… |
| 18-6927 | In Re Jerry Urbina | 2018-12-06 | Denied | IFP | abuse-of-discretion criminal-procedure criminal-sentencing federal-courts judicial-discretion plea-agreement plea-bargaining retroactivity rule-11 sentencing-amendment sentencing-guidelines sentencing-reform statutory-interpretation | WHETHER IN LIGHT OF THE SUPREME COURT HOLDING IN HUGHES V. UNITED STATES (CITATIONS OMITTED), THE LOWER COURTS ABUSED THEIR DISCRETION BY DENYING PETI… | |
| 18-6851 | Steven Gomez v. United States | Fifth Circuit | 2018-11-28 | Denied | Response WaivedIFP | advisory-sentencing appeal-waiver constitutional-error criminal-procedure due-process judicial-discretion plea-agreement plea-bargaining sentencing-guidelines | Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after ex… |
| 18-6807 | Larry M. Slusser v. United States | Sixth Circuit | 2018-11-26 | Denied | IFP | circuit-split collateral-attack criminal-procedure due-process plea-agreement sentencing statutory-maximum waiver-of-rights | Whether a defendant's waiver of the right to collateral attack in a plea agreement bars a claim that the sentence exceeds the statutory maximum for th… |
| 18-6763 | Luis Antonio Bonilla, Jr. v. United States | Fourth Circuit | 2018-11-20 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure judicial-discretion miscarriage-of-justice plea-agreement plea-agreements sentencing sentencing-guidelines sentencing-uniformity | I. WHAT STANDARDS OTHER THAN THE KNOWING AND VOLUNTARY WAIVER STANDARD OF BRADY V. UNITED STATES SHOULD GOVERN THE ENFORCEMENT OF APPEAL WAIVERS IN PL… |
| 18-6667 | Khaled Elbeblawy v. United States | Eleventh Circuit | 2018-11-13 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | confession criminal-procedure federal-rules-of-evidence impeachment impeachment-use-waiver medicare-fraud plea-agreement plea-bargaining rule-11 substantive-evidence united-states-v-mezzanatto | Does the impeachment-use waiver doctrine established by the Court in United States v. Mezzanatto, 513 U.S. 196, for plea-related discussions permit th… |
| 18-6623 | Carlos Cosme v. United States | Ninth Circuit | 2018-11-09 | Denied | Response WaivedIFP | 28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review | Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef… |
| 18-6647 | Kiran Sharma v. United States | Fifth Circuit | 2018-11-09 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights due-process evidentiary-hearing forfeiture forfeiture-restitution ineffective-assistance-of-counsel mandatory-victim-restitution-act plea-agreement restitution statutory-interpretation third-party-beneficiary trust-corpus | Does the language in the Mandatory Victim Act (MVRA) 18 USCS 3663A, and 21 USCS 853(a), and this court's opinions in Hughey v. United States, 495 US 4… |
| 18-6633 | Keith Fremin v. Robert C. Tanner, Warden | Fifth Circuit | 2018-11-08 | Denied | IFP | castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing | Whether the 22nd Judicial District Court failed to uphold the plea agreement in exchange for a guilty plea? Whether Counsel for the Petitioner was in… |
| 18-6570 | Timothy J. Kaprelian v. Lizzie Tegels, Warden | Seventh Circuit | 2018-11-05 | Denied | Response WaivedIFP | criminal-defendant criminal-defendant-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel no-contest plea-agreement plea-bargaining | Is a Criminal Defendant who pleads no contest entitled to exculpatory evidence that the state concealed and suppressed. Can a defendant's waiver be d… |
| 18-6416 | Briand Williams v. California | California | 2018-10-24 | Denied | Response WaivedIFP | appellate-record due-process equal-protection evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel plea-agreement plea-bargain registration-requirements sentencing transcripts | Is a Plea Agreement considered to be terminated or full-filled fifteen (15) years later upon the destruction or lost of the actual sentencing plea agr… |
| 18-6421 | Alexis D. Negron-Cruz v. United States | First Circuit | 2018-10-24 | Denied | Response WaivedIFP | civil-rights constitutional-rights due-process first-amendment ineffective-assistance-of-counsel ineffective-counsel internet-access internet-restrictions plea-agreement plea-bargaining pornography-ban sentencing supervised-release supervised-release-conditions | Whether District Court erred in imposing overbroad conditions of Supervised Release, limiting Petitioner's access to the Internet, for the term of sai… |
| 18-6304 | Alex Lenard McCoy v. United States | Fourth Circuit | 2018-10-12 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial | Whether the Defendant's rights under Article III, Section 2 of the United States Constitution for the trial of his crimes by jury in the State where t… |
| 18-456 | Michael J. Persico v. United States | Second Circuit | 2018-10-11 | Denied | Response Waived | apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness | 1. Does Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat… |
| 18-6230 | Harvey L. Shoate v. Jason Lewis, Warden | Eighth Circuit | 2018-10-05 | Denied | Relisted (2)IFP | ineffective-assistance-of-counsel plain-error plea-agreement post-conviction post-conviction-relief sentencing sua-sponte | Question not identified. |
| 18-6204 | Jermaine Franklin v. United States | Fifth Circuit | 2018-10-03 | Denied | Response WaivedIFP | appellate-review constitutional-challenge constitutional-law criminal-procedure due-process federal-jurisdiction fifth-circuit plea-agreement plea-bargaining unconstitutional waiver-of-appeal | Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Franklin's Plea Agreement. |
| 18-6148 | Atul Nanda v. United States | Fifth Circuit | 2018-10-01 | Denied | Response WaivedIFP | Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony | Are the Defendants' Constitutional Rights Under the Sixth and Fifth Amendments to Confront the Witnesses Against Them and to Due Process, Respectively… |
| 18-6157 | Sealed Appellee v. United States | Fifth Circuit | 2018-10-01 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | 18-usc-3553 due-process government-appeal individualized-hearing liberty-interest plea-agreement sentencing sentencing-waiver | Whether, under the rules governing the construction of plea agreements and in light of due process fairness considerations, sentencewaiver provisions … |
| 18-6083 | Jesus Manuel Laureano-Perez v. United States | First Circuit | 2018-09-24 | Denied | Response WaivedIFP | appeal appellate-review criminal-procedure district-court-discretion due-process government-prosecution plea-agreement sentencing sentencing-enhancement sentencing-guidelines standard-of-review uncharged-conduct | Should a writ of certiorari be granted to determine whether the district court erred in enhancing Laureano's sentence based on uncharged conduct not c… |
| 18-6030 | Jason M. Smith v. United States | Second Circuit | 2018-09-19 | Denied | Response WaivedIFP | appeal-waiver appellate-waiver collateral-attack constitutional-rights criminal-procedure due-process plea-agreement public-policy sentencing | In the decision under review, the United States Court of Appeals for the Second Circuit held that an appellate waiver provision in petitioner's plea a… |
| 18-5929 | David T. Odom v. United States | Fourth Circuit | 2018-09-12 | Denied | Response WaivedIFP | appeal conditional-plea conditional-plea-agreement criminal-procedure district-court due-process federal-appeals-court fourth-circuit plea-agreement standard-of-review statute-of-limitations | Whether a defendant can make a knowing and voluntary decision under a conditional plea agreement when, believing he is preserving his Motion to Dismis… |
| 18-5945 | David Chiddo v. United States | Eleventh Circuit | 2018-09-12 | Denied | IFP | appeal-from-magistrate circuit-split district-court-order federal-magistrates-act felony-guilty-plea felony-plea judicial-procedure magistrate-authority plea-agreement plea-agreement-stipulation statutory-authority statutory-interpretation stipulated-facts | 1. Does a federal magistrate have authority to accept a felony guilty plea? 2. Where a plea agreement provides that stipulated facts present an adequ… |
| 18-5934 | Deborah M. Wagner v. United States | Fourth Circuit | 2018-09-11 | Denied | Response WaivedIFP | appeal civil-procedure criminal-appeal criminal-law criminal-procedure district-court-jurisdiction due-process mandatory-victim-restitution-act mvra plea-agreement restitution restitution-order sentencing statutory-authority statutory-interpretation | I. Whether the United States Court of Appeals erred in granting the Government's Motion to Dismiss the Petitioner's Appeal? |
| 18-288 | Philip A. Mearing v. United States | Fourth Circuit | 2018-09-05 | Denied | Amici (3) | appellate-review appellate-waiver criminal-appeal criminal-defendant-waiver criminal-procedure due-process plea-agreement plea-bargaining restitution restitution-order sentencing sentencing-procedure statutory-interpretation | 1. Whether, or under what circumstances, a criminal defendant's waiver in his plea agreement of the right to appeal his "sentence" covers an appeal of… |
| 18-5857 | Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections | Florida | 2018-09-04 | Denied | Response WaivedIFP | competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court | WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT WHETHER THE STATE ATTORNEY OFF… |
| 18-5788 | James Everett Dutschke v. United States | Fifth Circuit | 2018-08-28 | Denied | Response WaivedRelisted (2)IFP | biological-agents bioweapon-offenses civil-rights constitutional-separation-of-powers due-process federal-prosecution jurisdiction jurisdictional-ambiguity plea-agreement select-agents separation-of-powers standing statutory-interpretation statutory-validity subject-matter-jurisdiction territorial-jurisdiction treaty treaty-enactment | 1-Is it constitutional for an Article III judge to act as an Article I lawmaker by rewriting or nullifying existing written law, writing new law or as… |
| 18-5799 | In Re Robert N. Smithback | 2018-08-28 | Denied | Relisted (2)IFP | constitutional-rights due-process habeas-corpus jurisdiction jury-trial plea-agreement plea-bargaining selective-prosecution subject-matter-jurisdiction trial-by-jury | Ground #1. Whether Smithback is being deprived of his liberty without due process of law, to wit: Texas did not have subject matter jurisdiction, pers… | |
| 18-5776 | Carlos Placeres-Cruz v. United States | Ninth Circuit | 2018-08-27 | Denied | Response WaivedIFP | breach-of-contract circuit-split criminal-procedure duty-of-candor judicial-interpretation plea-agreement prosecutor-misconduct prosecutorial-discretion sentencing-recommendation | Where some courts hold that a prosecutor commits an implicit breach of a plea agreement by proffering statements undermining the agreed sentencing rec… |
| 18-5656 | Venise Metayer v. Florida | Florida | 2018-08-20 | Denied | IFP | constitutional-rights counsel-misadvice counsel-role due-process illegal-sentence ineffective-assistance plea-agreement plea-bargaining sentencing trial-court-denial waiver waiver-of-rights | I. WERE THE PETITIONER'S CONSTITUTIONAL RIGHTS VIOLATED WHEN THE TRIAL COURT DENTED HER MOTION FOR ILLEGAL SENTENCE BASED UPON THE PETITIONER'S REFERE… |
| 18-202 | Haynes Timberland, Inc. v. United States | First Circuit | 2018-08-15 | Denied | Response Waived | appeal-waiver collateral-attack criminal-procedure direct-appeal due-process plea-agreement plea-bargaining pre-sentence-waiver sentencing waiver waiver-of-rights | Whether a defendant, by executing a pre-sentence waiver of the right to a direct appeal of his conviction and sentence, implicitly waives his right to… |
| 18-5510 | Quincy Andre Jones v. United States | Fourth Circuit | 2018-08-08 | Denied | Response WaivedIFP | allocution appeal-waiver direct-appeal due-process fundamental-error fundamental-errors mandatory-guidelines plea-agreement sentencing-guidelines | Whether an appeal waiver in a plea agreement can prohibit a defendant from challenging on direct appeal unforeseeable fundamental errors committed by … |
| 18-5450 | Amilcar Rivas-Rivera v. Pennsylvania | Pennsylvania | 2018-08-07 | Denied | Relisted (2)IFP | civil-procedure constitutional-rights due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel pcra plea-agreement post-conviction-relief prison-mailbox-rule standing state-law timeliness | WHETHER THE PENNSYLVANIA LOWER COURT AND APPELLATE COURTS DECISION DISMISSING PETITIONER'S SECOND PRO SE PCRA PETITION AS UNTIMELY IS CONTRARY TO PENN… |
| 18-5397 | Alejandro Parra-Ramos v. United States | Ninth Circuit | 2018-07-30 | Denied | Response WaivedIFP | criminal-procedure defendant-prejudice due-process government-misconduct judicial-discretion plain-error plea-agreement plea-agreement-breach prejudice prosecutorial-breach sentencing sentencing-guidelines sentencing-recommendation sentencing-variance upward-variance | Whether a defendant suffers prejudice when the government breaches a plea agreement by calling its agreed-upon recommendation irrational, and the cour… |
| 18-5309 | Maurice McLain v. United States | Fourth Circuit | 2018-07-20 | Denied | Response WaivedRelisted (2)IFP | cooperator-testimony currier-v-virginia double-jeopardy double-jeopardy-clause jury-unanimity physical-evidence plea-agreement rico rico-prosecution rutledge-v-united-states santobello-v-new-york uncorroborated-testimony | I. Whether the Fourth Circuit Court of Appeals' opinion conflicts with this Court's decisions in Rutledge v. United States, 517 U.S. 292 (1996), Curri… |
| 18-5281 | Vincent Craig Mosley v. United States | Fourth Circuit | 2018-07-19 | Denied | Response WaivedIFP | co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony | The question presented is: Whether a criminal defendant in a drug conspiracy trial is entitled to see the plea agreements of non-testifying co-defenda… |
| 18-5111 | Lynette Gregory v. United States | Third Circuit | 2018-07-03 | Denied | Response WaivedIFP | appellate-review criminal-forfeiture drug-case due-process illegal-sentence money-judgment plea-agreement sentencing sentencing-waiver statutory-authorization statutory-maximum | 1. Is a question of the legality of a federal criminal sentence subject to waiver by plea agreement? In avoidance of this question, should an agreemen… |