preponderance-of-evidence

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6569 Jamarcus G. Jackson v. United States Fifth Circuit 2026-01-13 Pending Response WaivedIFP criminal-sentencing drug-purity evidence-standard methamphetamine preponderance-of-evidence sentencing-guidelines Whether a district court can infer that unseized methamphetamine has similar purity to seized methamphetamine. If so, what specific evidence must supp…
25-6288 Christopher John Derting v. Florida Florida 2025-12-04 Denied Response WaivedIFP constitutional-rights criminal-sentencing fifth-amendment habitual-offender-statute preponderance-of-evidence sixth-amendment The State of Florida employs recidivism statute 775.084 known as "Habitual Offender Statute ". The statute has several factual determinations that nee…
25-519 Efrain Lora v. United States Second Circuit 2025-10-28 Denied Response Waived circuit-split constitutional-rights due-process government-concession preponderance-of-evidence sentencing After remand from this Court, Petitioner Efrain Lora was resentenced to thirty years in confinement because he supposedly directed a murder. But the G…
25-5065 In Re Derrick L. Johnson 2025-07-09 Denied Relisted (2)IFP actual-innocence constitutional-review criminal-procedure habeas-corpus judicial-jurisdiction preponderance-of-evidence REffiritenfs WflV'F tefilioN&tJfJ COMl^V^LAMof^CoiJ^ifoMoF^ Utifeb CeuRfUftS ToRiSblClioiU Mteiu REfrfion/EA SEEK^AiJEublCATfBfJo^TffS Mer/1s QFUM Pe…
24-6658 Donald Conelious Voltz v. United States Eleventh Circuit 2025-02-26 Denied Response WaivedIFP armed-career-criminal-act harmless-error-review judicial-finding preponderance-of-evidence sentencing-error structural-error Where a district court has erred in sentencing a defendant under the Armed Career Criminal Act based on a judicial finding by a preponderance of the e…
24-6628 Adrin Smack v. Bernadette Mason, Superintendent, State Correctional Institution at Mahanoy, et al. Third Circuit 2025-02-24 Denied Response WaivedIFP burden-of-proof disputed-facts due-process fourteenth-amendment preponderance-of-evidence sentencing Was Petitioner's Fourteenth Amendment due process right violated when a Delaware State Sentencing Court applied a minimal indicia of reliability burde…
24-872 John Q. Hamm, Commissioner, Alabama Department of Corrections v. Joseph Clifton Smith Eleventh Circuit 2025-02-14 Granted Amici (11)Relisted (3) atkins-v-virginia criminal-procedure habeas-corpus intellectual-disability iq-testing preponderance-of-evidence 1. Whether, under a proper application of Atkins , a State can require a claimant to prove an IQ of 70 or less by a preponderance of the evidence. 2.…
24A475 Ruel M. Hamilton v. United States Fifth Circuit 2024-11-13 Presumed Complete ashe-standard double-jeopardy fifth-amendment issue-preclusion jury-verdict preponderance-of-evidence Question not identified.
24-5246 Lissette Salazar Napoleoni v. Deutsche Bank National Trust Company, as Trustee, on Behalf of the Holders of the Impac Secured Assets Corp. Mortgage Pass-Through Certificates Series 2007-1 Nevada 2024-08-07 Denied Response WaivedRelisted (2)IFP civil-procedure-evidence-authentication-trial-witn deed-of-trust evidence-authentication fraud-misrepresentation-errors-in-evidence integrity-of-legal-process-validity-of-legal-decis legal-scrutiny lost-note-affidavit lost-note-affidavit-reliability-credibility-incons misrepresentation ownership-rights-determination-probative-value-of- preponderance-of-evidence preponderance-of-evidence-authentication-discovery Is it, permissible for evidence riddled, with blatant errors to be used to infer a legal 1. decision without undergoing authentication, trial, witness…
23-1295 Linnzi Zaorski v. Nicholas Usner Louisiana 2024-06-12 Denied child-custody civil-contempt civil-procedure contempt-of-court criminal-contempt criminal-procedure due-process fourteenth-amendment preponderance-of-evidence purge-clause reasonable-doubt suspended-sentence suspension-of-sentence 1) Did the suspension of Ms. Zaorski's fixed jail sentence and fine, conditioned on terms wholly unrelated to the judgment which she was convicted of …
23-1005 Ann Redd-Oyedele v. Santa Clara County Office of Education, et al. Ninth Circuit 2024-03-13 Denied Response Waived age-discrimination burden-of-proof civil-rights disparate-impact due-process employment employment-practices preponderance-of-evidence racial-discrimination summary-judgment Whether a Court may properly grant summary judgment where a party failed to establish, by a preponderance of evidence, as shown in the records, tha…
23-6502 Marwan Lamar Lamb v. United States Sixth Circuit 2024-01-17 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process judicial-finding preponderance-of-evidence preponderance-of-the-evidence sentencing-guidelines trial-by-jury Does nearly doubling a defendant's Guidelines sentence range based on a judge's finding by a preponderance of the evidence that the defendant committe…
23-6251 Jonathan Rodriguez v. United States Fifth Circuit 2023-12-13 Denied Response WaivedIFP acquitted-conduct confrontation-clause due-process fifth-amendment preponderance-of-evidence sentencing sentencing-standard sixth-amendment suppression-motion I. Whether the use of a preponderance of the evidence standard at sentencing violated Rodriguez's Fifth Amendment and Sixth Amendment rights? II. Whe…
23A227 Calvin Cogdill v. United States Sixth Circuit 2023-09-11 Presumed Complete armed-career-criminal-act felon-in-possession-of-firearm mandatory-minimum-sentence predicate-offense preponderance-of-evidence sixth-amendment Question not identified.
23-217 E.M.D. Sales, Inc., et al. v. Faustino Sanchez Carrera, et al. Fourth Circuit 2023-09-08 Judgment Issued CVSGAmici (9)Response RequestedResponse WaivedRelisted (5) burden-of-proof circuit-split clear-and-convincing-evidence employment-law fair-labor-standards-act flsa-exemptions overtime-pay preponderance-of-evidence wage-exemption Whether the burden of proof that employers must satisfy to demonstrate the applicability of an FLSA exemption is a mere preponderance of the evidence—…
23-5088 Quinton Troy Hall v. United States Sixth Circuit 2023-07-13 Denied Response WaivedIFP constitutional-rights due-process jury jury-finding methamphetamine methamphetamine-distribution preponderance-of-evidence sentencing sixth-amendment WAS IT A VIOLATION OF THE UNITED STATES CONSTITUTION, SIXTH AMENDMENT WHEN THE TRIAL COURT SENTENCED THE PETITIONER TO A TERM OF 360 MONTHS. THE JURY …
23-5081 Ronnie R. Lovell v. United States Sixth Circuit 2023-07-12 Denied Response WaivedIFP armed-career-criminal-act burden-of-proof criminal-procedure fifth-amendment jury-trial preponderance-of-evidence sentencing-enhancement sixth-amendment Can a district court judge determine that an individual's prior offenses occurred "on occasions different," as required by the Armed Career Criminal A…
22-7758 Steven Keith Hunley v. United States Sixth Circuit 2023-06-12 Denied Response WaivedIFP armed-career-criminal-act constitutional-violations criminal-procedure fifth-amendment indictment jury-factfinding lower-courts-error preponderance-of-evidence sixth-amendment Can a district court judge determine that an individual's prior offenses occurred "on occasions different," as required by the Armed Career Criminal A…
22-6973 Joseph Woloszyn v. United States Ninth Circuit 2023-03-08 Denied Response WaivedIFP burden-of-proof criminal-threat drug-addiction due-process preponderance-of-evidence probation-violation revocation-hearing sentencing-guidelines supervised-release uncorroborated-statements I. Did Woloszyn's Uncorroborated Statements to the Probation Officer Prove Woloszyn Violated the Terms of His Supervised Release? II. Does a Violatio…
22-6940 Leon Little v. United States Third Circuit 2023-03-06 Denied Response WaivedRelisted (9)IFP criminal-sentencing due-process fifth-amendment jury-trial preponderance-of-evidence sixth-amendment uncharged-conduct I. Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentencing on uncharged conduct which was never …
22-6493 Robert Keith Kinsey v. United States Fifth Circuit 2023-01-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights controlled-substance criminal-procedure due-process fifth-circuit preponderance-of-evidence sentencing supervised-release trial-by-jury Section 3583(g) of United States Code Title 18 requires a district court to revoke a defendant's term of supervised release and impose a term of impri…
22-5993 Malik Ross v. United States Eighth Circuit 2022-11-04 Denied Response RequestedResponse WaivedRelisted (10)IFP criminal-procedure due-process fifth-amendment preponderance-of-evidence reasonable-doubt sentencing sentencing-guidelines substantive-reasonableness Does a judge deny a defendant's Fifth Amendment rights by increasing a prison sentence based on disputed facts the Court did not find beyond a reasona…
22-5927 Jonathan Lee Oliver v. United States Ninth Circuit 2022-10-27 Denied Response WaivedIFP due-process fifth-amendment judicial-procedure jury-trial non-jury-proceeding preponderance-of-evidence sixth-amendment supervised-release Did the district court's unindicted, non-jury, preponderance of the evidence fact-finding that Mr. Oliver committed a new federal offense to conclude …
22-5833 Carlos Alejandro Zuniga-Garcia v. United States Fifth Circuit 2022-10-13 Denied Response WaivedIFP administration-of-justice criminal-procedure federal-criminal-procedure federal-law fifth-circuit leader-organizer-role leader-role preponderance-of-evidence sentencing-enhancement sentencing-guidelines I. Whether the Eifth Circuit violated federal law when it conducted a cursory review of the facts related to a four-level increase in sentencing point…
22-325 Adam Bruzzese v. Merrick B. Garland, Attorney General Second Circuit 2022-10-07 Denied Response Waived administrative-law adverse-employment-action constitutional-rights due-process employment-action ex-parte-statements government-employment preponderance-of-evidence procedural-fairness self-defense Can the adverse employment action against Adam Bruzzese stand if it was administered in a manner which does not satisfy due process requirements? Can…
22-5595 L. B. v. Washington State Department of Children, Youth & Families Washington 2022-09-16 Denied Relisted (2)IFP 14th-amendment civil-rights constitutional-violation due-process parental-rights preponderance-of-evidence preponderance-of-the-evidence santosky-precedent Santosky-v-Kramer Did the state of Washington violate Mr Baker' s 14th amendment rights by terminating his parental rights under a preponderance of the evidence standar…
22-5448 Roger C. Cassidy v. Florida Florida 2022-08-25 Denied Response WaivedIFP civil-rights constitutional-law criminal-defendant due-process equal-protection judicial-fact-finding judicial-review mandatory-sentencing preponderance-of-evidence prior-conviction sentencing-exposure standing Question 1: May a state legislature require a state court to increase a criminal defendant's sentencing exposure based on judicial fact-finding by pre…
22-5134 Bart J. Tarulli v. Ameriprise Financial Services Second Circuit 2022-07-19 Denied Response WaivedIFP attorney-misconduct civil-procedure civil-rights due-process evidence-standard judicial-discretion legal-violations merit-based-decision preponderance-of-evidence procedural-fairness self-representation standing 1) Does the court believe that ' cheating', and violating established law/rules must be addressed with an imposition of the clear penalties so listed…
22-5126 Davis Lamar Brooks v. United States Fifth Circuit 2022-07-19 Denied Response WaivedIFP burden-of-proof civil-commitment conditional-release due-process fifth-circuit haldol-injection involuntary-medication involuntary-treatment mental-health preponderance-of-evidence standard-of-review 1) Whether the Fifth Circuit erred by affirming the district court's denial of Mr. Brooks' Motion for Unconditional Release. 2) Whether the Fifth Cir…
21-7543 Gerardo Castillo-Chavez v. United States Fifth Circuit 2022-04-05 Denied Response WaivedIFP 28-usc-2244 28-usc-2255 constitutional-ruling district-court habeas-corpus jurisdiction preponderance-of-evidence section-2255 standard-of-proof successive-motion successive-petitions 1. Whether a district court is authorized to dismiss a successive § 2255 motion for lack of jurisdiction after a court of appeals has authorized the f…
21-7447 Peter Liounis v. United States Fourth Circuit 2022-03-24 Denied Response WaivedIFP civil-rights due-process emotional-distress false-arrest false-imprisonment favorable-termination heck-doctrine heck-v-humphrey intentional-tort preponderance-of-evidence reasonable-doubt WHETHER THE FAVORABLE TERMINATION REQUIREMENT OF HECK v. HUMPHREY, 512 U.S.-477 (1994), MUST FIRST BE SATISFIED IN PLAINTIFF'S CRIMINAL CASE, EMPLOY…
21-7438 Tramone Horne v. United States Sixth Circuit 2022-03-22 Denied Response WaivedIFP burden-of-proof criminal-procedure due-process federal-sentencing federal-sentencing-guidelines judicial-discretion judicial-review preponderance-of-evidence sentencing-guidelines statutory-interpretation Should the Court require proof by more than a preponderance of the evidence of facts that significantly increase the defendant's sentence range under …
21-6273 Nathan R. Rollins, Jr. v. United States Tenth Circuit 2021-11-15 Denied Response WaivedIFP advisory-sentencing-guidelines booker-standard criminal-conduct criminal-sentencing due-process fifth-amendment preponderance-of-evidence preponderance-of-the-evidence sentencing-guidelines sixth-amendment united-states-v-booker Mr. Rollins plead guilty to single charge of possessing a firearm after conviction of a felony. The offense of conviction resulted in an advisory sent…
21-6201 Reginald Kindle v. Florida Florida 2021-11-09 Denied Response WaivedIFP criminal-procedure jury-trial preponderance-of-evidence recidivism sentencing sentencing-enhancement sixth-amendment statutory-maximum Whether a sentencing court violates a defendant's Sixth Amendment right to a jury trial when it finds by a preponderance of the evidence that he commi…
21-5848 Zackie Thomas Reed, IV v. United States Fifth Circuit 2021-10-01 Denied Response WaivedIFP black-v-romano criminal-procedure due-process fifth-circuit narcotics narcotics-violation preponderance-of-evidence preponderance-standard revocation supervised-release Whether the preponderance of the evidence standard utilized by the United States Court of Appeals for the Fifth Circuit in a supervised release revoca…
21-5504 Eric Worley v. United States Sixth Circuit 2021-08-26 Denied Response WaivedIFP base-offense-level burden-of-proof confrontation-clause criminal-procedure drug-quantity evidence preponderance-of-evidence presentence-report sentencing sentencing-guidelines The Appellant's Appeal was denied on June 1, 2021 by the Sixth Circuit Court of Appeals. In this case, the Appellant raised one (1) issue for determin…
20-8432 Robert L. Garza v. Donald Kleine, et al. Eighth Circuit 2021-06-24 Denied Response WaivedIFP constitutional-rights due-process judicial-authority judicial-discretion preponderance-of-evidence preponderance-standard sentencing sentencing-enhancement sixth-amendment speedy-trial Does a judge exceed his legal authority by making factual findings by a preponderance of the evidence which expose a defendant to the elevated upper t…
20-8431 Brandon Kendale Dudley v. United States Fourth Circuit 2021-06-24 Denied Response WaivedIFP advisory-guidelines constitutional-law criminal-procedure due-process evidence-standard judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines Whether the use of the preponderance of the evidence standard at sentencing to substantially enhance a criminal defendant's advisory guideline range c…
20-8400 Daryl Wendell Barley v. United States Fourth Circuit 2021-06-24 Denied Response WaivedIFP clear-and-convincing-evidence criminal-procedure effective-assistance-of-counsel evidence-standard first-step-act preponderance-of-evidence relevant-conduct sec-404 sentencing-reduction sixth-amendment 1. Whether the "clear and convincing evidence standard" should be used instead of the "preponderance of evidence standard" when determining the releva…
20-1739 Carline M. Curry v. Joseph R. Biden, Jr., President of the United States, et al., Sixth Circuit 2021-06-15 Denied Response Waived bad-faith-affidavit civil-procedure default-judgment informa-pauperis mandamus preponderance-of-evidence summary-judgment In case No. 18 - 5567 & 2018-0212 Writ and Rehearing in the lower and Supreme Court of Ohio: When the City failed to Plead Should Plaintiff Curry been…
20-1107 Roddie Melvin v. Federal Express Corporation Eleventh Circuit 2021-02-11 Denied Amici (2)Response Waived age-discrimination circuit-split eleventh-circuit employment-discrimination evidence-standard preponderance-of-evidence preponderance-of-the-evidence seventh-circuit standard-of-proof summary-judgment In evaluating motions for summary judgment under employment discrimination laws, such as the Age Discrimination in Employment Act, must a court examin…
20-6864 Brian David Hill v. United States Fourth Circuit 2021-01-13 Denied Response WaivedIFP appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the district court erred in sentencing Petitioner by d…
20-6335 Duane Allen Sikes v. United States Eleventh Circuit 2020-11-16 Denied Response WaivedIFP criminal-sentencing due-process fifth-amendment preponderance-of-evidence sentencing sentencing-guidelines sixth-amendment uncharged-conduct The question presented by this case is whether the Fifth and Sixth Amendments preclude a district court from increasing a defendant's sentence based o…
20-6325 Krystal Megan Delima v. Walmart Stores Arkansas, LLC Eighth Circuit 2020-11-13 Denied Relisted (2)IFP civil-procedure due-process fair-trial fourteenth-amendment judicial-misconduct motion-for-new-trial preponderance-of-evidence transcript-irregularities 1. Whether a Motion for a New Trial, FRCP Rule 59, should had been granted? 2. Whether Jury 's Verdict, went against Preponderance of Evidence due th…
20-5894 Jorge Eduardo Nava v. United States Fifth Circuit 2020-10-02 Denied Response WaivedIFP criminal-liability criminal-sentencing due-process fifth-amendment preponderance-of-evidence relevant-conduct sentencing-guidelines standard-of-proof unrelated-offense Nava's federal Guideline sentencing range for his cocaine convictions was increased by 11 to 16 years' imprisonment based on the judge's finding by on…
20-5704 Leonard Borden v. United States Fifth Circuit 2020-09-15 Denied Response WaivedIFP burden-of-proof co-conspirator-testimony criminal-procedure due-process factual-statements guideline-application preponderance-of-evidence presentence-report sentencing-guidelines sentencing-hearing does a defendant have an obligation to prove the facts in the PSR are inaccurate or untrue after the defendant objects to the factual statements and t…
20-5578 Steven Gerard Walker v. United States Ninth Circuit 2020-09-02 Denied IFP armed-career-criminal-act criminal-procedure federal-state-courts felon-in-possession mens-rea preponderance-of-evidence sentencing sentencing-enhancement violent-felony 1) Whether a sentencing judge can find facts in the first instance about whether a defendant committed offenses on different occasions by a prepondera…
20-5283 Mauricio Lemus v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP burden-of-proof crime-of-violence criminal-procedure due-process preponderance-of-evidence preponderance-of-the-evidence revocation-hearing sentencing supervised-release Whether at a supervised-release revocation hearing the government must prove by a preponderance of the evidence its contention that a defendant's cond…
19-1453 Michigan v. Gerald Raynard Fuller Michigan 2020-07-02 Denied acquittal acquittal-consideration acquitted-conduct conflict-of-authority criminal-procedure due-process federal-circuits judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines sentencing-standards state-courts The federal circuit courts have uniformly held that a sentencing judge may consider conduct for which the defendant has been acquitted, and this Court…
19-8302 Richard H. Morrison v. Florida Florida 2020-04-19 Denied IFP burden-of-proof due-process habitual-offender hearsay hearsay-evidence judicial-notice preponderance-of-evidence prison-release-reoffender sentencing-enhancement It is true the state has the burden of proving by a preponderance of the evidence that the defendant qualifies as a PRR as defined in the statute Flor…
19-8111 Todd James Broxmeyer v. L. Ray Ormond, Warden Fourth Circuit 2020-03-27 Denied Response WaivedIFP acquitted-conduct constitutional-protection due-process fifth-amendment preponderance-of-evidence presumption-of-innocence sentencing sentencing-enhancement sixth-amendment Is the use of the preponderance of evidence standard to enhance at sentencing deemed unconstitutional when the presumption of innocence is restored, i…
19-7835 Miguel Rodriguez v. United States Seventh Circuit 2020-03-03 Denied Response WaivedIFP actual-innocence aedpa aedpa-authorization constitutional-law constitutional-suspension due-process first-degree-murder habeas-corpus preponderance-of-evidence preponderance-of-the-evidence sentencing 1. Whether the Eleventh Circuit's decision in McCarthan v. Dir. Goodwill Indus. Suncoast-Inc , 851 F.3d 1076 (11th Cir. 2017), is in violation of the …
19-7735 Ronnie Kearby v. United States Fifth Circuit 2020-02-21 Denied Response WaivedIFP base-offense-level burden-of-proof drug-conspiracy drug-quantities drug-quantity due-process evidence federal-courts non-testifying-coconspirator non-testifying-informant preponderance-of-evidence 1. In a federal drug conspiracy case where there is no drug seizure, may a court accept a mere allegation of estimated drug quantities from a non-test…
19-7515 Andy Nguyen v. California California 2020-01-31 Denied Response WaivedIFP alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentences consecutive-sentencing criminal-procedure criminal-sentencing judicial-fact-finding preponderance-of-evidence sentencing stare-decisis Should the Court reconsider its majority opinion in Oregon v. Ice, 555 U.S. 160, 167-168, 173-177, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009) (Ice) which p…
19-7454 Kenneth James Barfield v. United States Fifth Circuit 2020-01-28 Denied Response WaivedIFP burden-of-proof criminal-procedure criminal-procedure-rule-32 due-process federal-rules federal-rules-of-criminal-procedure fifth-circuit gall-v-united-states guidelines preponderance-of-evidence presentence-report sentencing sentencing-guidelines united-states-v-watts According to Gall v. United States, 552 U.S. 38 (2007), every federal criminal sentencing must begin with a correctly calculated Guidelines range. Sen…
19-7336 Francisco Pena, Jr. v. United States Fifth Circuit 2020-01-17 Denied Response WaivedIFP criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct imposing a sentence, based on a defendant's uncharged conduct found by the judge by a preponderance of the evidence, higher than the sentence the judg…
19-7294 Mohammed Kwaning v. United States Fourth Circuit 2020-01-15 Denied Response WaivedIFP apprendi civil-rights confrontation-clause constitutional-rights due-process evidence fair-trial hearsay hearsay-testimony judicial-error jury-trial material-evidence preponderance-of-evidence sentencing sentencing-enhancement Whether the Government officials conduct violated constitutional rights? where;Petitioner's (a) The District Court failed to disclose material eviden…
19-6511 Roberto Trinidad Del Carpio Frescas v. United States Fifth Circuit 2019-11-07 Denied Response WaivedIFP criminal-procedure fifth-circuit mandatory-victims-restitution-act preponderance-of-evidence preponderance-of-the-evidence reliable-evidence restitution restitution-standard sentencing Whether this Court should clarify what "reliable evidence" means for establishing, by a preponderance of the evidence, the amount of restitution under…
19-564 Michigan v. Eric Lamontee Beck Michigan 2019-10-29 Denied acquitted-conduct constitutional-rights criminal-procedure due-process federal-circuit-courts preponderance-of-evidence presumption-of-innocence sentencing Whether, when imposing a sentence within the statutory range for the offense of conviction, due process permits a sentencing court to consider conduct…
19-6117 Jaime Ignacio Estrada v. Martin Biter, Warden Ninth Circuit 2019-10-01 Denied Response WaivedIFP criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-offer preponderance-of-evidence right-to-counsel sixth-amendment standard-of-review trial-counsel voluntary-manslaughter 1. Whether petitioner established by a preponderance of evidence trial counsel's violation of the Sixth Amendment: failure to communicate a favorable …
19-5657 Heather Rogero, et vir v. Alex M. Azar, II, Secretary of Health and Human Services Federal Circuit 2019-08-21 Denied Amici (1)Response WaivedRelisted (2)IFP autism disability-discrimination encephalopathy federal-programs medical-causation national-childhood-vaccine-injury-compensation-act preponderance-of-evidence rehabilitation-act sequela vaccine-injury vaccine-injury-compensation (1) Whether Court of Appeals conclusion, that Rogero had not established by a preponderance of the evidence between his encephalopathy and his DTaP va…
19-5630 Roosevelt Stolden v. California California 2019-08-20 Denied Response WaivedIFP alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentencing criminal-procedure criminal-sentencing due-process judicial-fact-finding preponderance-of-evidence sentencing sentencing-guidelines stare-decisis Should the Court reconsider its majority opinion in Oregon v. Ice, 555 U.S. 160, 167-168, 173-177, 129 S.Ct. 711, 172 L.Ed.2d 517 (2009) (Ice) which p…
19-109 Giovanni Montijo-Dominguez v. United States Tenth Circuit 2019-07-25 Denied Amici (2) 18-usc-3553 circuit-split criminal-sentencing drug-trafficking fact-finding judicial-discretion jury-findings jury-verdict mandatory-minimum preponderance-of-evidence sentencing-discretion standard-of-proof District courts exercise broad discretion at sentencing. They may take into consideration various factors relating to both the offense and the offende…
18-7818 Marcos Castaneda v. United States Seventh Circuit 2019-02-07 Denied Response WaivedIFP alleyne-v-united-states criminal-procedure drug-offense due-process judicial-finding jury-trial mandatory-minimum preponderance-of-evidence preponderance-of-the-evidence sentencing sentencing-guidelines Marcos Castaneda admitted by his plea to the elements of conspiring to distribute 500 grams or more of a mixfure or substance containing methamphetami…
18-7645 Alhan Sanchez v. United States Fifth Circuit 2019-01-29 Denied Response WaivedIFP appellate-review burden-of-proof criminal-guidelines due-process mcmillan-v-pennsylvania meacham-v-fano minor-role-adjustment mitigating-role preponderance-of-evidence sentencing-enhancement sentencing-guidelines united-states-v-watts vulnerable-victim The United States Court of Appeals for the Fifth Circuit (sometimes referred to as "the Fifth Circuit" or "the Appellate Court") upheld on appeal a se…
18-7130 Matthew G. Alden, Jr. v. Massachusetts Massachusetts 2018-12-19 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-charges criminal-charges-text-messages criminal-procedure due-process ineffective-assistance jury-instructions preponderance-of-evidence preponderance-of-the-evidence proof-beyond-reasonable-doubt reasonable-doubt right-to-acquittal structural-error text-message-evidence text-messages When the government brings criminal charges based on an allegation that the defendant sent a series of text messages, does it violate the defendant's …
18-5593 Maurice Mitchell v. United States Eleventh Circuit 2018-08-14 Denied Response WaivedIFP as-applied-challenge commerce-clause constitutional-challenge felony-enhancement felony-offense firearm-possession preponderance-of-evidence preponderance-standard second-amendment sentencing-enhancement sentencing-enhancement-2k2.1-b-6-b ussg-2k2.1 Whether the District Court committed error by failing to sustain the defense objection to the four-level enhancement of the sentence under USSG sectio…
18-5121 Leslie Dominic Musgrove v. United States Fourth Circuit 2018-07-05 Denied Response RequestedResponse WaivedRelisted (2)IFP acquitted-conduct drug-quantity due-process jury-verdict nelson-v-colorado preponderance-of-evidence preponderance-of-the-evidence relevant-conduct sentencing sixth-amendment Question # 1 Whether it is a Sixth Amendment and Due Process violation for a judge at sentencing to attribute acquitted and relevant conduct by a pr…
18-5108 Jaime Davila-Reyes, aka Peluche, aka Pai, aka Jaime, aka Chezina v. United States First Circuit 2018-07-03 Denied Response WaivedIFP burden-of-proof criminal-sentencing dismissed-charges due-process judicial-discretion preponderance-of-evidence sentencing sentencing-reasonableness substantive-reasonableness unproven-allegations Whether Petitioner's sentence was substantively unreasonable because the district court violated due process when it enhanced Petitioner's sentence ba…