presentence-report
49 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-7168 | Juan Carlos Avila Gonzalez v. United States | Fifth Circuit | 2026-04-10 | Pending | IFP | appellate-review clerical-error federal-rules-of-criminal-procedure habeas-corpus presentence-report sentencing | IF RULE 36 OF FEDERAL RULES OF CRIMINAL PROCEDURE WAS ENACTED TO CORRECT AN ERROR IN THE RECORD ARISING FROM OVERSIGHT OR OMISSION. CAN THE COURT OF A… |
| 25-7075 | Zachary Taylor Bush v. United States | Sixth Circuit | 2026-03-20 | Pending | Response WaivedIFP | downward-departure due-process mental-health-mitigation offense-level-calculation presentence-report sentencing-guidelines | Question I - Was Zach Bush's Sentence Was Procedurally Unreasonable and Violative of Due Process Where the Presentence Report Offense Level Calculatio… |
| 25-6341 | Selvin Edgardo Molina-Guzman v. United States | Fifth Circuit | 2025-12-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process judicial-discretion presentence-report sentencing | If a federal criminal defendant fails to present rebuttal evidence, is the district court is free to adopt the Presentence Report's findings without f… |
| 25-5877 | Samson Diamonte Xavior Smith v. United States | Eighth Circuit | 2025-10-14 | Denied | Response WaivedIFP | appellate-procedure harmless-error non-elemental-facts presentence-report sentencing-review shepard-documents | Whether a reviewing court may properly rely on non-elemental facts in presentence reports and Shepard documents when conducting harmless-error review … |
| 25-5791 | Raymond White v. United States | Second Circuit | 2025-10-02 | Denied | Response WaivedIFP | appellate-review charging-instrument criminal-procedure plain-error plea-review presentence-report | Whether, in conducting plain-error prejudice review of a plea taken in violation of Federal Rule of Criminal Procedure 11, an appellate court may rely… |
| 24-7093 | Alfred Velazquez v. United States | Ninth Circuit | 2025-04-29 | Denied | Response WaivedIFP | circuit-split criminal-procedure judicial-review presentence-report sentencing-error structural-error | Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 24-6150 | Reginold Cavoy Steed v. Johnny Fitz, Warden | Sixth Circuit | 2024-12-16 | Denied | Response WaivedIFP | brady-violation criminal-procedure electronic-docket judicial-review post-conviction presentence-report | 1.) Was Te. AS840-35~-209 vinloted Yarough out the Odjudication of this Case? 2) Ts the Content of the Presentence report ascertainable, Without it b… |
| 24-5285 | Ernesto Alba Vasquez v. United States | Fifth Circuit | 2024-08-08 | Denied | Response WaivedIFP | criminal-procedure factual-basis guilty-plea judicial-discretion plea-acceptance presentence-report | Whether a factual basis, that completely lacks facts supporting any of the three elements of the offense charged in the indictment, can be cured by fa… |
| 24-5237 | Warren Alexander v. United States | Second Circuit | 2024-08-06 | Denied | Response WaivedIFP | appellate-review circuit-split criminal-procedure due-process presentence-report sentencing supervised-release | Should the Court grant the petition in order to resolve a conflict among the circuits as to whether a district court in imposing sentence is required … |
| 24-5194 | George Henry Purdy, III v. United States | Fifth Circuit | 2024-07-31 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 2nd-amendment burden-of-proof constitutional-challenge criminal-procedure due-process presentence-report second-amendment sentencing standing statutory-interpretation | Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment? Whether factual findings of a Presentence Report (PSR) that result in a higher sente… |
| 23-6992 | Reynaldo Avila-Gonzalez v. United States | Fifth Circuit | 2024-03-14 | Denied | Response WaivedIFP | appellate-review court-of-appeals criminal-sentencing district-court due-process federal-courts harmless-error judicial-review legal-reasoning presentence-report sentencing standard-of-review | Whether a federal court of appeals should vacate the sentence when the district adopts the invalid reasoning of a Presentence Report to resolve a fact… |
| 23-6900 | Bryan Reshad Hill v. United States | Fifth Circuit | 2024-03-05 | Denied | Response WaivedIFP | criminal-procedure federal-rules fifth-circuit jury-verdict plain-error presentence-report rosales-mireles sentencing sentencing-guidelines | Does a sentence twice that authorized by the jury's verdict constitute plain error? This Court's decision in Rosales-Mireles suggests so, but recent F… |
| 23-5671 | Oscar Hernandez Maldonado v. United States | Fourth Circuit | 2023-09-29 | Denied | Response WaivedIFP | appellate-review criminal-procedure cultural-assimilation downward-departure expert-testimony ineffective-assistance-of-counsel presentence-report sentencing waiver-of-rights | Whether the United States Court of Appeals properly affirmed the trial court's determination that the defendant was denied effective assistance of cou… |
| 23-5504 | Jabriel Fitzgerald Lakes v. United States | Fourth Circuit | 2023-08-31 | Denied | Response WaivedIFP | classification criminal-procedure due-process federal-rules-criminal-procedure incarceration-classification judicial-error presentence-report recidivism right-to-appeal sentencing sentencing-procedure | Did the District Court commit "error" that substantively —violated Lakes' right when it failed to enclude the disputes of the objection to the PRS w… |
| 22-7030 | John Gabriel Trevino v. United States | Fifth Circuit | 2023-03-16 | Denied | Response WaivedIFP | appellate-review court-compliance criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure harmless-error judicial-discretion presentence-report sentencing statutory-interpretation | Whether non-compliance with Federal Rule of Criminal Procedure 32(i)(1)(A) may be excused where the defendant fails to show that he or she would have … |
| 22-6543 | Miguel Angel Mota v. United States | Ninth Circuit | 2023-01-17 | Denied | Response WaivedRelisted (2)IFP | circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 structural-error | Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 22-6421 | Sergio Garcia-Lara v. United States | Fifth Circuit | 2022-12-29 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process presentence-report sentencing unreliable-evidence | Whether, in cases where a party seeks appellate relief on the ground that a district court has considered unreliable information, the district court m… |
| 21-7323 | Russell Hampton v. United States | Second Circuit | 2022-03-09 | Denied | Response WaivedIFP | appellate-review conspiracy jury-instructions juvenile-delinquency juvenile-delinquency-act post-majority-misconduct presentence-report presumption-of-retaliation sentencing-guidelines | Whether, to comply with the Juvenile Delinquency Act, a jury must be instructed that it cannot convict unless it finds that the defendant 'ratified' h… |
| 21-6300 | Ricky Cardenas v. United States | Fifth Circuit | 2021-11-16 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure criminal-sentencing due-process judicial-procedure objection-standard presentence-report sentencing unjust-incarceration | Whether the defendant bears a burden to disprove adverse conclusions of a Presentence Report? |
| 21-6123 | Antonio Rene Martinez v. United States | Ninth Circuit | 2021-11-01 | Denied | Response WaivedRelisted (2)IFP | circuit-split criminal-procedure federal-rules-of-criminal-procedure harmless-error presentence-report rule-32 sentencing structural-error | Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 21-5723 | Juan Manuel Pardo-Oseguera v. United States | Fifth Circuit | 2021-09-20 | Denied | Response WaivedIFP | criminal-procedure plain-error presentence-report safety-valve sentencing sentencing-reduction statutory-minimum weapons-enhancement | A defendant in a federal criminal case, under the appropriate circumstances, is eligible for a reduction of 2 offense levels and to be sentenced witho… |
| 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… |
| 21-5382 | Nickie Nathanial Rico v. United States | Tenth Circuit | 2021-08-17 | Denied | Response WaivedIFP | attempted-murder criminal-enhancement criminal-procedure defendant-objection district-court enhancement objection presentence-report sentencing | Whether the District Court erred in overruling Defendant's Objection to the Attempted Murder Enhancement in the Presentence Report. |
| 20-8282 | Anthony Herman Lucio v. United States | Fifth Circuit | 2021-06-14 | Denied | Response WaivedIFP | criminal-procedure drug-quantity due-process factual-findings findings judicial-discretion presentence-report sentencing-guidelines | WAS PRESENTENCE REPORT'S CALCULATIONS ON QUANTITY O'F DRUGS UNDER U.S. SENTENCING GUIDELINES MANUAL § 2D1.1 ATTRIBUTED TO DEFENDANT PROPER BASED ON FA… |
| 20-7839 | Taquarius Kaream Ford v. United States | Ninth Circuit | 2021-04-23 | Denied | Response WaivedIFP | criminal-procedure due-process hearsay presentence-report rule-32 sentencing | When the defendant personally objects at sentencing to a hearsay accusation in a presentence report that he raped a woman, even though his attorney ne… |
| 20-7640 | Nicholas Corey Garner v. United States | Sixth Circuit | 2021-04-01 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure email-search ineffective-assistance ineffective-assistance-of-counsel presentence-report restitution search-and-seizure sentencing sixth-circuit | Was Counsel constitutionally ineffective when he failed to challenge the search of Petitioner's vehicle in violation of Petitioner's Fourth Amendment … |
| 20-7076 | Michael Javier Ottogalli v. United States | Fifth Circuit | 2021-02-09 | Denied | Response WaivedIFP | criminal-procedure due-process enhanced-sentence factual-contestation government-sentencing-memorandum ineffective-assistance ineffective-assistance-of-counsel presentence-report sentencing sentencing-enhancement | Is d ueprocess Violat&J dut ~h> i'neffe:f iVe assistance of Counsel when defendant aWofney did oof qivc defendant opportunity to review Peesenfence … |
| 20-6931 | Christopher Shawn Landreneau v. United States | Fifth Circuit | 2021-01-26 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof circuit-split criminal-procedure due-process evidence fifth-amendment presentence-report sentencing sentencing-guidelines | Whether a district court may, consistent with the Due Process Clause of the Fifth Amendment and Rule 32 of the Federal Rules of Criminal Procedure, re… |
| 20-6662 | Ian D. Goolsby v. United States | Second Circuit | 2020-12-18 | Denied | Relisted (2)IFP | specifically allowing review beyond the trial rec circuit-conflict criminal-procedure due-process element-of-offense jury-instruction plain-error-review presentence-report rehaif-v-united-states scope-of-review supreme-court-decision | In Rehaif v. United States, 139 S. Ct. 2191, 2194 (2019), this Court held that 18 U.S.C. §§ 922(g) and 924(a)(2) require the government to prove not o… |
| 20-6313 | Kevin Merritt v. United States | Fifth Circuit | 2020-11-13 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure due-process judicial-review presentence-report procedural-objection sentencing sentencing-unreasonableness | 1. Whether Holguin-Hernandez v. United States, __U.S.__, 140 S.Ct. 762 (2020), is relevant to the objections necessary to preserve claims of procedura… |
| 20-5936 | Mark Phillip Carter, II v. United States | Eighth Circuit | 2020-10-07 | Denied | Response WaivedIFP | appellate-review circuit-conflict circuit-split factual-objections judicial-discretion presentence-report sentencing-guidelines sentencing-procedure undue-influence | (1) Whether the undue influence enhancement in USSG §2G1.3(b)(2)(B) should be expanded, indirect conflict with precedent from the Sixth, Eighth, and N… |
| 20-5775 | Natalie Angeles v. United States | Fifth Circuit | 2020-09-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acceptance-of-responsibility criminal-procedure harm-analysis judicial-coercion presentence-report sentencing structural-error | Does a district court coerce the Defendant to withdraw her objections to findings in the Presentence Report where the court informs the Defendant that… |
| 20-368 | Eric Christopher Hall v. United States | Fourth Circuit | 2020-09-23 | Denied | Response Waived | 5th-amendment appellate-counsel constructive-possession contraband due-process fifth-amendment intent physical-evidence presentence-report residence | I. Does constructive possession established without showing intent or any physical evidence linking defendant to contraband found in a storage bedroom… |
| 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… |
| 20-5411 | Kwame Anderson v. United States | Second Circuit | 2020-08-19 | Denied | Response WaivedIFP | constitutional-rights effective-assistance-of-counsel federal-law presentence-report resentencing sentencing-procedure sentencing-proceeding | 1. Whether the Court must settle an important question of federal law that has not been, but should be, regarding Petitioner's resentence that was imp… |
| 20-5253 | Douglas Farrar, Sr. v. United States | Ninth Circuit | 2020-08-04 | Denied | Response WaivedIFP | criminal-procedure due-process false-testimony findings judicial-findings obstruction-of-justice perjury presentence-report sentencing sentencing-guidelines | Whether the generic adoption of a Presentence Report is sufficient to discharge the court's duties to make express and independent findings for an obs… |
| 19-8453 | John Christopher Dobbs v. United States | Eleventh Circuit | 2020-05-13 | Denied | Response WaivedIFP | criminal-procedure cross-reference district-court federal-rules firearm-possession judicial-findings presentence-report rule-32 sentencing-guidelines | When a defendant disputes that he has committed a Cross Reference crime, does Rule 32(i)(3)(B) require the district court to make specific findings ab… |
| 19-7713 | Ronelle Lamar Oudems v. United States | Fifth Circuit | 2020-02-20 | Denied | Response WaivedIFP | burden-of-proof circuit-split confrontation-clause confrontation-right criminal-procedure due-process presentence-report sentencing | Whether (as the D.C., Second, Eighth, Ninth, Tenth, and Eleventh Circuits hold, see United States U. Price, 409 F.3d 436, 444 (D.C. Cir. 2005; United … |
| 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… |
| 19-6256 | Jason Simon v. United States | Fifth Circuit | 2019-10-11 | Denied | Response WaivedIFP | acquitted-conduct due-process false-accusation habeas-corpus-relief judicial-discretion prejudice presentence-report sentencing sentencing-enhancement standard-of-proof statutory-maximum uncharged-conduct | Did the lower courts err by relying on a false accusation listed in the PSR, that was verified as false, as the sole basis for not only imposing a sta… |
| 19-5926 | Refugio Quintanar v. United States | Fifth Circuit | 2019-09-13 | Denied | IFP | burden-of-proof confrontation-clause criminal-procedure due-process presentence-report procedural-unreasonableness sentencing sentencing-guidelines timely-objection | 1. Whether the defendant has the burden to deny and discredit the factual allegations of a Presentence Report that increase his or her sentence? 2. W… |
| 18-9493 | Jose Santillan v. United States | Fifth Circuit | 2019-05-31 | Denied | Response WaivedIFP | burden-of-proof circuit-split criminal-procedure due-process judicial-interpretation presentence-report sentencing sentencing-guidelines | Whether (as the D.C., Second, Eighth, Ninth, Tenth, and Eleventh Circuits hold, see United States U. Price, 409 F.3d 436, 444 (D.C. Cir. 2005; United … |
| 18-9003 | Ariel Brown v. United States | Fifth Circuit | 2019-04-29 | Denied | Response WaivedIFP | and whether false allegations in a Presentence In burden-of-proof criminal-procedure due-process government-burden presentence-report sentencing sentencing-enhancement weapons-enhancement weapons-possession | 1. When a defendant submits a sworn Declaration attached to her objections to a Presentence Report, which denies certain key required elements of the … |
| 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… |
| 18-8524 | Tony Kalumba Tshiansi v. United States | Fifth Circuit | 2019-03-22 | Denied | IFP | criminal-procedure due-process factual-claims judicial-discretion objection presentence-report presumption-of-reliability reliability sentencing unjust-incarceration | Whether the factual claims of a Presentence Report are presumed reliable in the face of objection? |
| 18-7282 | Benjamin Edward Henry Bradley v. United States | Sixth Circuit | 2019-01-08 | Denied | Response WaivedIFP | criminal-procedure drug-quantity due-process factual-findings objection presentence-report sentencing sixth-circuit | Did the Sixth Circuit Court of Appeals errer in affirming the district court's sentencing judgment where the district court adopted the Presentence Re… |
| 18-7139 | James Castleman Gipson v. United States | Fifth Circuit | 2018-12-21 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof circuit-split criminal-procedure due-process judicial-review presentence-report sentencing | Whether (as the D.C., Second, Eighth, Ninth, Tenth, and Eleventh Circuits hold, see United States U. Price, 409 F.3d 436, 444 (D.C. Cir. 2005; United … |
| 18-6904 | Oree Roberson v. United States | Fifth Circuit | 2018-12-03 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof chavez-meza chavez-meza-v-united-states circuit-conflict due-process fifth-circuit judicial-review mitigation presentence-report sentencing sentencing-guidelines sentencing-procedure standard-of-review | I. Whether the defendant bears the burden to establish that objected to information in the Presentence Report is materially untrue, or whether, instea… |
| 18-5290 | Ronald Long v. George Robinson, Administrator, Northern State Prison, et al. | Third Circuit | 2018-07-20 | Denied | Response WaivedIFP | administrative-procedure civil-procedure corrections due-process parole presentence-report standing state-law | 1) Did the N.J. State Parole Board deny Petitioner Due Process by conducting a parole hearing without having a mandatory presentence report? 2) Did t… |