| 23-7287 |
Khan Mohammed v. United States |
District of Columbia |
2024-04-24 |
Denied |
Response WaivedIFP |
burden-of-proof circuit-conflict clear-and-convincing-evidence law-of-case-doctrine law-of-the-case-doctrine preponderance-of-the-evidence preponderance-standard sentencing-enhancement united-states-v-watts |
1. Whether the Government may be required to prove the factual basis for a sentencing enhancement by clear and convincing evidence, rather than a prep… |
| 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… |
| 23-5583 |
Fernando Lopez v. United States |
Fifth Circuit |
2023-09-14 |
Denied |
Response WaivedIFP |
crime-of-violence double-counting felon-in-possession fifth-amendment preponderance-of-the-evidence preponderance-standard relevant-conduct sentencing sixth-amendment |
L. Whether alleged possession of a different gun 17 months after Mr. Lopez's charged felon-in-possession offense constituted relevant conduct?
I. Whe… |
| 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… |
| 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… |
| 21-5420 |
Naim Rasool Muhammad v. Texas |
Texas |
2021-08-20 |
Denied |
IFP |
burden-of-proof capital-case constitutional-rights criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice preponderance-of-the-evidence strickland-standard strickland-v-washington texas-court-of-criminal-appeals |
1. Whether a habeas court violates Strickland and decades of this Court's precedent by imposing a "preponderance of the evidence" standard for prejudi… |
| 21-5146 |
Antonio Dewayne Adams v. United States |
Tenth Circuit |
2021-07-20 |
Denied |
Response WaivedIFP |
advisory-guidelines circuit-split criminal-procedure due-process fifth-amendment preponderance-of-the-evidence preponderance-standard sentencing sentencing-guidelines statutory-maximum |
The Tenth Circuit's decision is in conflict with decisions from the
Ninth Circuit Court of Appeals. The Tenth Circuit affirmed the district
court's us… |
| 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… |
| 20-5283 |
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… |
| 19-8478 |
John King v. United States |
District of Columbia |
2020-05-15 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure fact-finding judicial-discretion jury-determination jury-fact-finding mcmillan-v-pennsylvania preponderance-of-the-evidence preponderance-standard sentencing sentencing-enhancement united-states-v-watts |
I. BY A JURY TO ENHANCE A SENTENCE?
AFTER THIS COURT'S DECISION IN UNITED STATES V. ALLEYNE, 570 U.S. 99 (2013), NON-CONTROLLING, CAN THE PREPONDERAN… |
| 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 … |
| 19-7336 |
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… |
| 19-6511 |
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… |
| 19-6485 |
Ryan Van Stevenson v. United States |
Sixth Circuit |
2019-11-05 |
Denied |
Response WaivedIFP |
appellate-waiver criminal-procedure discretion due-process due-process,appellate-waiver,abuse-of-discretion,s evidence-standard extrinsic-evidence judicial-discretion preponderance-of-the-evidence sentencing-enhancement |
Did the Court abuse it's discretion when it enforced an appellate waiver on an issue that was outside the scope of the appellate waiver's provisions?
… |
| 18-9781 |
Adam J. Winarske v. United States |
Eighth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
28-usc-2255 acca-enhancement armed-career-criminal-act circuit-split criminal-procedure due-process johnson-decision johnson-v-united-states preponderance-of-the-evidence preponderance-standard residual-clause section-2255 statutory-interpretation |
Following the Supreme Court's decision in Johnson v. United States, 135 S. Ct. 2551 (2015), whether 28 U.S.C. § 2255 requires a Johnson petitioner to … |
| 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… |
| 18-7130 |
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 … |
| 18-5121 |
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… |