presentence-investigation

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5610 Greg Gogin v. Michael Meisner, Warden Seventh Circuit 2025-09-11 Denied Response WaivedIFP due-process habeas-corpus presentence-investigation sentencing-accuracy statutory-interpretation witness-testimony Whether a defendant's sworn testimony while on the witness stand and under oath should be given credence as to the facts of his case and can defendant…
23-5240 Alden Brent Cooper v. United States Fifth Circuit 2023-07-28 Denied Response WaivedIFP acceptance-of-responsibility criminal-conduct criminal-procedure due-process fifth-amendment presentence-investigation presentence-investigation-report sentencing sentencing-guidelines Section 18 U.S.C. § 2252A(a)(1) can be violated by either knowingly receiving or distributing child pornography. A defendant accused of a violation of…
22-5854 Willie Ricardo Gordon v. United States Fourth Circuit 2022-10-18 Denied Response WaivedIFP appeal criminal-procedure drug-crimes drug-weights fourth-circuit obstruction-of-justice presentence-investigation presentence-investigation-report sentencing 1. Did the trial court err in accepting the findings of the presentence investigation report, regarding the weights of the drugs attributable to Mr. G…
20-5488 Franklin Rafael Lopez Toala v. United States Eleventh Circuit 2020-08-25 Denied Response WaivedIFP 5th-Amendment appellate-record due-process evidentiary-hearing fifth-amendment Gardner-v-Florida judicial-procedure presentence-investigation sentencing sentencing-review 1. In reviewing a sentencing judgment, may the Eleventh Circuit consider new materials that were never introduced to the sentencing judge? (A 9-2 spli…
19-7575 Rashaun Scott Carter v. United States Fourth Circuit 2020-02-05 Denied Response WaivedIFP appellate-review appellate-waiver controlled-substance controlled-substances criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-bargaining presentence-investigation sentencing Does an appellate waiver bar an appeal based upon a flawed, prejudicial presentence investigation report performed between the trial court's acceptanc…
19-746 Oliver Ray Carbutt v. Colorado Colorado 2019-12-11 Denied Response Waived criminal-procedure due-process fourteenth-amendment guilty-plea plea-bargaining presentence-investigation self-incrimination sentencing sex-offense sex-offenses I. When a court is in the process of accepting a guilty plea for a sex offense that will require an intrusive presentence investigation including ques…
18-8522 Edwin Fernandez v. United States Third Circuit 2019-03-22 Denied Response WaivedIFP Arizona-v-Gant criminal-procedure criminal-proceedings critical-stages ineffective-assistance ineffective-assistance-of-counsel Montejo-v-Louisiana presentence-investigation presentence-investigation-report right-to-counsel search-and-seizure search-doctrine Strickland-v-Washington In Strickland v. Washington, 466 U.S. 668, 80 l.ed.2d 674, 104 S.Ct. 2052 (1984) this court explained the standard of review for an ineffective assist…
18-8268 Alandis D. Patterson v. United States Fourth Circuit 2019-03-06 Denied Response WaivedIFP acceptance-of-responsibility criminal-history criminal-procedure drug-possession due-process presentence-investigation sentencing-factors sentencing-guidelines sentencing-variance sexual-abuse 1. Did the trial court err in overruling the Petitioner's objection to the Application of a two-level increase pursuant to U.S.S.G. Section 2G1.1(c)(1…
18-6300 Cheryl Singleton v. United States Eleventh Circuit 2018-10-15 Denied Response WaivedIFP allocution criminal-procedure federal-rules federal-rules-of-criminal-procedure joint-stipulation presentence-investigation presentence-investigation-report sentencing Does the filing of joint stipulation(s) as to the presentence investigation report entitle the defendant to allocution on the (A)(i), (ii) ?