prior-convictions
161 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6595 | Hugo Ivan Macias-Ordonez v. United States | Fifth Circuit | 2026-01-15 | Pending | Response WaivedIFP | apprendi-rule constitutional-interpretation criminal-procedure prior-convictions sixth-amendment stare-decisis | The Sixth Amendment guarantees the right "to be informed of the nature and cause of the accusation." U.S. Const. amend. VI. "[F]act[s] that increase[]… |
| 24-6553 | Ramon Caldwell v. Bryan Morrison, Warden | Sixth Circuit | 2025-02-12 | Denied | Response WaivedIFP | constitutional-rights due-process jury-determination prior-convictions recidivism sentence-enhancement | I. It was a Jurisdictional Defect of the proceedings, by not allowing the jury to find Petitioner guilty, with proof beyond a reasonable doubt, of a s… |
| 24-5998 | Carlos Tonyo Cabrera v. Ricky D. Dixon, Secretary, Florida Department of Corrections | Florida | 2024-11-20 | Denied | Response WaivedIFP | due-process hearsay-evidence judicial-error prior-convictions procedural-due-process sentencing-scoresheet | I. WHETHER A COURT OF COMPETENT JURISDICTION VIOLATED PETITIONER'S DUE PROCESS RIGHT WHEN IT IMPOSED LIFE SENTENCES BASED ON AN ERRONEOUS SCORESHEET T… |
| 24-5672 | Mark Leon Andrews v. United States | Fourth Circuit | 2024-10-01 | Denied | Response WaivedIFP | armed-career-criminal-act circuit-court-review criminal-history prior-convictions sentencing-guidelines statutory-interpretation | Whether the 5th and 6th Amendments entitled the petitioner to have a jury decide below his crimes according to AS KCaStons, under the Constitution of … |
| 24-5460 | Troy L. Fields v. Colorado | Colorado | 2024-09-05 | GVR | Response RequestedResponse WaivedRelisted (2)IFP | armed-career-criminal-act criminal-sentencing fifth-amendment habitual-criminal prior-convictions sixth-amendment | Whether Petitioner's Fifth and Sixth Amendment rights were violated when he was subjected to an increased maximum sentence based on the trial court's … |
| 24A84 | Troy L. Fields v. Colorado | Colorado | 2024-07-26 | Presumed Complete | criminal-episodes habitual-offender jury-trial prior-convictions sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments required a jury to find that Mr. Fields's prior convictions were separately brought and tried and arose out of … | |
| 23-1196 | Christopher Ryan Martin v. Tom Lawson, Chief, Nevada Division of Parole and Probation, et al. | Ninth Circuit | 2024-05-07 | Denied | apprendi certificate-of-appealability constitutional-claim habeas-corpus jones judicial-enhancement jury-trial ninth-circuit prior-conviction prior-convictions | I. Whether Petitioner is entitled to a Certificate of Appealability (COA) from the Court of Appeals for the Ninth Circuit by his showing that reaso… | |
| 23-7345 | James Joseph Bryant v. United States | Eleventh Circuit | 2024-04-30 | GVR | IFP | armed-career-criminal-act categorical-approach circuit-split criminal-procedure due-process judicial-interpretation jury-trial prior-convictions reasonable-doubt sentencing-enhancement | 1. Whether, for purposes of applying the categorical approach required by the Armed Career Criminal Act (ACCA), a prior conviction's elements can be d… |
| 23-7174 | Richard Lee David Brown v. United States | Eighth Circuit | 2024-04-09 | Denied | IFP | appellate-review constitutional-challenge criminal-procedure defense-instruction drug-convictions due-process evidence jury-instructions plain-error prior-convictions propensity-evidence | 1. Whether the admission of two prior drug convictions for the purpose of arguing in closing that "[t]he defendant possessed that crack cocaine, and h… |
| 23-7146 | Antonio Ochoa-Leyva v. United States | Fifth Circuit | 2024-04-05 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-7143 | Armando Ordonez-Dominguez v. United States | Fifth Circuit | 2024-04-04 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6978 | Jose Salome Gallardo Granados v. United States | Fifth Circuit | 2024-03-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6936 | Jose Eulalio Aguillen-Servin v. United States | Fifth Circuit | 2024-03-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6941 | Ricardo Fortino Martinez-Munoz v. United States | Fifth Circuit | 2024-03-08 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-interpretation due-process jury-trial legal-precedent prior-conviction prior-convictions sixth-amendment statutory-maximum | Can Almendarez-Torres be squared with the history undergirding the Sixth Amendment; and if not, should this Court overrule Almendarez-Torres? |
| 23-6866 | Cesar Abreu v. United States | Second Circuit | 2024-02-29 | Denied | Response WaivedIFP | criminal-procedure due-process evidence-admissibility federal-rule-of-evidence-404b federal-rules-of-evidence fifth-amendment narcotics narcotics-distribution prior-conviction prior-convictions search-and-seizure | Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner's conviction of narcotics distribution in the … |
| 23-6870 | Ariel Perez-Lainez v. United States | Fifth Circuit | 2024-02-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6849 | Juan Salazar-Grimaldo v. United States | Fifth Circuit | 2024-02-28 | Denied | Response WaivedIFP | constitutional-procedure criminal-indictment criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6768 | Vidal Garza-Morin v. United States | Fifth Circuit | 2024-02-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6663 | Emmanuel Gil v. United States | Fifth Circuit | 2024-02-02 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6631 | Jeremy Dale Robinson v. United States | Eighth Circuit | 2024-01-31 | GVR | Relisted (2)IFP | armed-career-criminal-act constitutional-requirements due-process jury-trial prior-convictions proof-beyond-reasonable-doubt reasonable-doubt sentencing-enhancement | 1. Whether the U.S. Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committe… |
| 23-6484 | Miguel Angel Sanchez-Delgado v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6488 | Juan Garcia-Bertadillo v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6435 | Norman Williams v. Colorado Department of Corrections Time Computation Department, et al. | Colorado | 2024-01-08 | Denied | Response WaivedIFP | colorado-dept-of-corrections conviction-classification criminal-procedure due-process non-categorical-approach prior-convictions sentence-enhancement sentencing-enhancement time-computation violent-crime | 1) In light of this Court's holdings in Johnson v. U.S 135 S. Ct. 2551, 2563 (2015), does § 17-22.5-403 C.R.S. violate Mr. Williams' and other similar… |
| 23-6410 | Pedro Pena-Talamantes v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6411 | Gilberto Salvador Cortez-Garcia v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6412 | Jose Eugenio Pavon-Rivera v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6402 | Vidal Orellana-Sibrian v. United States | Fifth Circuit | 2024-01-03 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6385 | Alfonso Garcia-Vela v. United States | Fifth Circuit | 2023-12-28 | Denied | Response WaivedIFP | almendarez-torres burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6340 | Christopher Stowell v. United States | Eighth Circuit | 2023-12-22 | Denied | Relisted (2)IFP | armed-career-criminal-act constitutional-criminal-procedure due-process jury-trial occasions-clause prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | 1. Whether the U.S. Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committe… |
| 23-6320 | Santiago Salazar-Ramirez v. United States | Fifth Circuit | 2023-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6271 | Tyrone Maddox v. Illinois | Illinois | 2023-12-15 | Denied | IFP | criminal-procedure evidence evidence-admissibility intent intent-element judicial-discretion narcotics-charge prejudice prejudicial-evidence prior-conviction prior-convictions probative-value | The trial court should not have allowed the introduction of Tyrone Maddox's 20 year old prior Indiana Conviction for delivery of Narcotics on the issu… |
| 23-6196 | Boris Ward v. United States | Fifth Circuit | 2023-12-07 | Denied | Response WaivedIFP | criminal-representation cumulative-effect drug-transaction ineffective-assistance ineffective-assistance-of-counsel plea-offer prior-convictions reasonableness-of-sentence sentencing-guidelines | 1) Whether trial counsel provided constitutionally deficient representation to Mr. Ward. 2) Whether the district court erred by failing to vary from … |
| 23-6081 | Jacobo Fuentes-Salgado v. United States | Fifth Circuit | 2023-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6038 | Lakeith Lynn Washington v. United States | Fifth Circuit | 2023-11-17 | GVR | Relisted (2)IFP | alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-rights criminal-procedure fifth-amendment jury-beyond-reasonable-doubt minimum-and-maximum-sentences prior-convictions sentencing-enhancement sixth-amendment | I. Do the Fifth and Sixth Amendments of the U.S. Constitution require that facts to prove a defendant's prior convictions were for offenses committed … |
| 23-5979 | Daniel Vargas-Hernandez v. United States | Fifth Circuit | 2023-11-08 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-trial prior-conviction prior-convictions sixth-amendment | The Sixth Amendment protects the right "to be informed of the nature and cause of the accusation." U.S. Const. amend. VI. In Apprendi v. New Jersey, t… |
| 23-5880 | Jose Fernando Martinez-Hernandez v. United States | Fifth Circuit | 2023-10-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-370 | Paul Erlinger v. United States | Seventh Circuit | 2023-10-06 | Judgment Issued | Amici (4)Relisted (2) | armed-career-criminal-act constitutional-interpretation criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committed on occ… |
| 23-5714 | Cuhuatemoc Hinricky Peraita v. Alabama | Alabama | 2023-10-04 | Denied | Relisted (2)IFP | appellate-review evidence-rule juror-misconduct jury-misconduct mattox-v-united-states no-impeachment-rule parker-v-gladden prior-convictions sixth-amendment trial-procedure verdict-challenge | During petitioner's trial for capital murder, the jury foreperson told the other jurors misleading and prejudicial information about petitioner's prio… |
| 23-312 | Lee E. Stephens, Jr. v. Carolyn J. Scruggs, Secretary, Maryland Department of Public Safety and Correctional Services, et al. | Fourth Circuit | 2023-09-26 | Denied | Response Waived | constitutional-challenge due-process habeas-relief impeachment ineffective-assistance-of-counsel ineffective-counsel prior-convictions resentencing right-to-testify sentencing unconstitutional-convictions | 1. Whether reasonable jurists could debate whether habeas relief and re sentencing is required when a defendant's sentence was premised on prior convi… |
| 23-5599 | Juan Manuel Amaya-Castaneda v. United States | Fifth Circuit | 2023-09-18 | Denied | Response WaivedIFP | almendarez-torres appellate-review criminal-procedure judicial-discretion prior-conviction-exception prior-convictions sentencing sentencing-guidelines sixth-amendment | Whether, after Holguin-Hernandez v. United States, _U.S.__, 140 S.Ct. 762 (2020), a party may obtain appellate relief when the district court fails to… |
| 23-5606 | Samuel Valencia v. United States | Fifth Circuit | 2023-09-18 | GVR | Relisted (3)IFP | alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-interpretation fifth-amendment indictment jury-trial prior-convictions sentencing-enhancement sixth-amendment | Do the Fifth and Sixth Amendments of the U.S. Constitution require that facts to prove a defendant's prior convictions were for offenses committed on … |
| 23-5413 | Christopher Ray Lipska, aka Christopher Ray Hare v. Oregon | Oregon | 2023-08-23 | Denied | IFP | child-abuse child-sexual-abuse criminal-procedure evidence evidence-admissibility judicial-discretion prior-convictions sentencing sentencing-proportionality sexual-abuse | 1) In an ECSA and unlawful contact with a trial, does a trial court abuse its OEC 401, 402, 403 discretion by allowing the state to present evidence t… |
| 23-5264 | Julio Cesar De La Rosa-De La Cerda v. United States | Fifth Circuit | 2023-08-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5154 | Justin Christopher Smith v. United States | Sixth Circuit | 2023-07-20 | Denied | Response WaivedIFP | appeal-waiver armed-career-criminal-act criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentencing statutory-interpretation statutory-sentencing violent-felony violent-offense | 1. Whether an appeal waiver can bar an attack on an enhanced statutory sentence? 2. Whether Petitioner's prior convictions for robbery and resisting … |
| 22-7900 | David Wright, Jr. v. United States | Eighth Circuit | 2023-06-29 | Denied | IFP | criminal-law criminal-sentencing district-court-discretion due-process equal-protection federal-sentencing-guidelines guideline-range prior-conviction prior-convictions sentencing-guidelines state-statutes statutory-interpretation | Whether the District Court erred by counting a prior conviction for violation of a state statute that had been changed to make the conduct not a crime… |
| 22-7852 | Juan Victor Quezada-Lara v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7882 | Sergio Delgado-Perez v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7878 | Kenny Eugene Smart v. United States | Eighth Circuit | 2023-06-27 | Denied | Response WaivedIFP | 18-usc-922(g) criminal-procedure evidence-standard evidentiary-rulings federal-rule-of-evidence-404(b) federal-rules-of-evidence prior-convictions rule-404b rule-of-inclusion standard-of-review statutory-interpretation | 1. WHAT IS THE PROPER STANDARD OF REVIEW OF EVIDENTIARY RULINGS UNDER FEDERAL RULE OF EVIDENCE 404(b) AND IS RULE 404(b) A RULE OF INCLUSION WHICH ALW… |
| 22-7772 | Stanley Jackson, III v. United States | Sixth Circuit | 2023-06-13 | Denied | Response WaivedIFP | armed-career-criminal-act constitutional-rights criminal-sentencing due-process jury-factfinding jury-trial prior-convictions sentencing sixth-amendment | 1. Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find a defendant's prior convictions were "comm… |
| 22-7377 | Jose Isabel Mora-Rodriguez v. United States | Fifth Circuit | 2023-04-26 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7359 | Devin Baker v. United States | Sixth Circuit | 2023-04-25 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | controlled-substances criminal-law criminal-procedure drug-convictions drug-offense federal-sentencing prior-convictions sentencing-guidelines statutory-interpretation | The United States Sentencing Guidelines significantly increase the recommended sentencing range for a defendant who has at least two prior felony conv… |
| 22-7287 | Rodolfo Tovar-Zamarripa v. United States | Fifth Circuit | 2023-04-14 | Denied | IFP | almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-947 | Tyler G. Williams v. United States | Sixth Circuit | 2023-03-29 | Denied | Response Waived | armed-career-criminal-act constitutional-requirements criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find that a defendant's prior convictions were "co… |
| 22-7016 | Guadalupe Onate-Herrera v. United States | Fifth Circuit | 2023-03-15 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6839 | Michael O. Brown v. United States | Sixth Circuit | 2023-02-22 | Denied | Response WaivedIFP | career-offender circuit-court-precedent conspiracy conspiracy-conviction criminal-career-offender prior-convictions sentence-enhancement sentencing-guidelines sixth-circuit state-convictions | Whether the court erred in failing to grant appellant relief from his sentence enhancement based upon his prior state convictions after Mathis and whe… |
| 22-6716 | Conrado Olivo-Duron v. United States | Fifth Circuit | 2023-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-656 | Jeffrey A. Bentley v. United States | Third Circuit | 2023-01-17 | Denied | Response Waived | armed-career-criminal-act burden-of-proof collateral-review due-process prior-convictions section-2255 sentencing sentencing-enhancement | When a defendant shows on Section 2255 collateral review that a prior conviction is no longer a valid predicate offense under the Armed Career Crimina… |
| 22-6475 | Nohe Dominguez-Morales v. United States | Fifth Circuit | 2023-01-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | almendarez-torres apprendi apprendi-v-new-jersey criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment | Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-6372 | Jose Felipe Cardenas-Ramirez v. United States | Fifth Circuit | 2022-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6302 | Selvin Omar Canales v. United States | Fifth Circuit | 2022-12-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 22-5877 | Onterrail Remond Altman, Jr. v. United States | Eighth Circuit | 2022-10-20 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | categorical-approach circuit-split controlled-substances criminal-sentencing decontrolled-substances drug-convictions eighth-circuit federal-sentencing prior-convictions sentencing-enhancement | Whether prior drug convictions inclusive of substances that have since been decontrolled can be used to impose present day federal sentencing enhancem… |
| 22-336 | Jason Reed v. United States | Tenth Circuit | 2022-10-11 | Denied | Amici (1) | armed-career-criminal-act constitutional-requirements criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement | Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find that a defendant's prior convictions were "co… |
| 22-5593 | Richard Anthony Rodriguez v. California | California | 2022-09-15 | Denied | Response WaivedIFP | apprendi-rule constitutional-procedure criminal-procedure due-process jury-trial jury-trial-right juvenile-adjudication prior-conviction-exception prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment | Can juvenile adjudications, obtained without a trial by jury, be relied upon to enhance a defendant's sentence in a later proceeding? Thus, the quest… |
| 22-5337 | Carlos Vazquez-Tellez v. United States | Fifth Circuit | 2022-08-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5139 | Carol Johnene Morris v. United States | Fifth Circuit | 2022-07-19 | Denied | Response WaivedRelisted (2)IFP | 2nd-amendment armed-career-criminal-act civil-rights criminal-history criminal-procedure double-jeopardy drug-possession due-process felony-enhancement prior-convictions sentencing sentencing-guidelines | Question not identified. |
| 22-5053 | Jesus Perez-Solis v. United States | Fifth Circuit | 2022-07-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8271 | Raul Garcia-Salazar v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8276 | Isidoro Reyes-Lopez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8281 | Jose Carreon-Gonzalez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8231 | Fidel Torres-Villanueva v. United States | Fifth Circuit | 2022-06-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-1282 | Christopher Ryan Martin v. Nevada | Nevada | 2022-03-23 | Denied | Response Waived | 6th-amendment apprendi-doctrine civil-rights criminal-sentencing due-process jury-trial prior-convictions sentence-enhancement sentencing-factors sixth-amendment | I. Whether this Court should overrule Almendarez-Torres in light of Apprendi and its progeny. II. Whether Nevada's use of prior convictions for enhan… |
| 21-7430 | Roberto Padilla Espinoza v. United States | Fifth Circuit | 2022-03-22 | Denied | Response WaivedIFP | appellate-review criminal-procedure criminal-sentencing due-process equal-protection fifth-circuit-review judicial-discretion prior-convictions sentencing-enhancement sentencing-guidelines | Question not identified. |
| 21-7404 | Jose Antonio Barahona-Paz v. United States | Fifth Circuit | 2022-03-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7354 | Joseph Patrick Keel v. Florida | Florida | 2022-03-14 | Denied | Response WaivedIFP | alleyne-precedent apprendi-rule criminal-procedure criminal-sentencing due-process identity judicial-interpretation prior-convictions prior-record-exception sentencing sixth-amendment | 1. Whether courts, including those in Florida, have been incorrectly applying a "prior record" exception to the rule from Apprendi v. New Jersey 530 U… |
| 21-7352 | Pedro Intzin-Guzman v. United States | Fifth Circuit | 2022-03-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7293 | Jose Rodriguez-Vasquez v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7295 | Miguel Lerma-Reyes v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7006 | Juan Jaime-Guzman v. United States | Fifth Circuit | 2022-01-28 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment | I. Can a court, consistent with the Sixth Amendment, impose a statutorily enhanced sentence based on the fact of a prior conviction never alleged in t… |
| 21-6704 | Jose D. Drew v. United States | Eighth Circuit | 2021-12-22 | Denied | Response WaivedIFP | abuse-of-discretion evidence-admissibility federal-rules-of-evidence jury-inference material-element prior-convictions rule-404(b) rule-404b | Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some… |
| 21-6657 | Joshua Reshi Dudley v. United States | Eleventh Circuit | 2021-12-17 | Denied | IFP | armed-career-criminal-act criminal-procedure occasions-different occasions-test prior-conviction prior-convictions sentencing sentencing-enhancement shepard-v-united-states sixth-amendment | I. Whether the Sixth Amendment limits a sentencing court, when determining whether a defendant's prior offenses were "committed on occasions different… |
| 21-754 | Travis Levi Parrott v. Murray Tatum, Warden | Georgia | 2021-11-22 | Denied | Response Waived | appeal-denial certificate-of-appealability certificate-of-probable-cause constitutional-right effective-assistance-of-counsel extraneous-evidence georgia-supreme-court habeas-corpus ineffective-assistance-of-counsel prior-convictions procedural-default | Whether the Georgia Supreme Court Erred in Denying Mr. Parrott's Application for Certificate of Probable Cause to Appeal the Denial of His Petition fo… |
| 21-6355 | Everett Earl Parker v. United States | Fifth Circuit | 2021-11-19 | Denied | Response WaivedIFP | criminal-conviction criminal-sentencing federal-jurisdiction johnson-precedent johnson-v-united-states prior-convictions sentencing-enhancement serious-violent-felony statutory-interpretation supreme-court-precedent violent-felony | Whether, under the Supreme Court precedent established in Johnson v. United States, 135 S.Ct. 2551 (2015), Mr. Parker's life sentence for count 1 shou… |
| 21-6321 | Fernando Rodriguez-Macedo v. United States | Fifth Circuit | 2021-11-18 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 21-6322 | Gustavo Trejo-Ramos v. United States | Fifth Circuit | 2021-11-17 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 21-6282 | Tannous Fazah v. United States | Ninth Circuit | 2021-11-15 | Denied | IFP | circuit-split criminal-sentencing drug-conspiracy due-process federal-sentencing mandatory-minimum misdemeanor-reclassification prior-conviction prior-convictions retroactive-reclassification sentence-enhancement | I. In August 2013, petitioner was indicted in federal court, in part, on charges of conspiring to distribute controlled substances. Petitioner was all… |
| 21-6160 | Dennis Dean Smith v. United States | Eighth Circuit | 2021-11-03 | Denied | Response WaivedIFP | 8th-amendment civil-rights criminal-justice-reform cruel-and-unusual-punishment due-process equal-protection first-step-act prior-convictions retroactive-sentencing sentencing sentencing-guidelines substantial-changes | 1) Has the Eleventh Amendment barred the federal courts from exercising jurisdiction over this case where the state has been sued in federal court to … |
| 21-6121 | Luis Enrique Lario-Rios v. United States | Fifth Circuit | 2021-10-28 | Denied | IFP | commentary crimes-of-violence criminal-enhancement guideline-commentary prior-convictions sentencing-guidelines statutory-interpretation ussg-4b1.2 | Whether the Sentencing Commission can use commentary to expand an unambiguous Guideline that applies to enhancements for prior convictions for crimes … |
| 21-623 | Anthony Penton v. A. Malfi, Warden | Ninth Circuit | 2021-10-28 | Denied | Amici (1)Response Waived | brady-evidence brady-v-maryland criminal-procedure due-process fifth-amendment prior-convictions prosecutorial-misconduct sentencing-enhancement sixth-amendment suppressed-evidence | 1. Whether evidence covered by Brady v. Maryland, 373 U.S. 83 (1963), and withheld by prosecutors is considered suppressed under the Fifth Amendment r… |
| 21-5570 | Richard Boyle v. United States | Third Circuit | 2021-09-02 | Denied | Response WaivedIFP | circuit-court due-process evidence-admission federal-rules-of-evidence prior-convictions stare-decisis undue-prejudice witness-testimony | Whether the federal courts are free to withdraw the protection from undue prejudice which emanates from the required four-step process as set forth in… |
| 21-5386 | Michael Kenneth Young v. United States | Fourth Circuit | 2021-08-16 | Denied | Response WaivedIFP | armed-career-criminal criminal-classification district-court drug-offense fourth-circuit fourth-circuit-appeal prior-convictions sentencing sentencing-enhancement sentencing-guidelines serious-drug-offenses | Did the Fourth Circuit Court of Appeal err in reversing the decision of the District Court which had determined that Petitioner Michael Young was not … |
| 21-5358 | Leonel Rodriguez-Caraveo v. United States | Fifth Circuit | 2021-08-12 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 21-5233 | Abel Guillermo Godoy v. United States | Ninth Circuit | 2021-07-28 | Denied | Response WaivedIFP | alleyne-v-united-states criminal-procedure criminal-prosecution due-process elements-of-crime jury-determination legal-precedent prior-conviction prior-convictions sentencing sentencing-factors sixth-amendment | In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 21-5240 | Carlos Elias Cruz-Bermudez v. United States | Ninth Circuit | 2021-07-28 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5122 | Juan Angel Velasquez-Canales v. United States | Fourth Circuit | 2021-07-15 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing district-court-discretion felony-enhancement guideline-interpretation immigration prior-conviction prior-convictions sentencing-enhancements sentencing-guidelines statutory-interpretation | Whether the district court erred in applying a six-level enhancement under Section 2L1.2(b)(2)(C) of the Sentencing Guidelines where Mr. Velasquez-Can… |
| 20-8143 | Merwin Smith v. United States | Eighth Circuit | 2021-05-26 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split criminal-law criminal-prosecution evidence evidence-rule-404b federal-prosecution federal-rules-of-evidence gun-possession prior-convictions propensity-evidence rule-404(b) | Are prior gun possession convictions admissible under Rule 404(b) to prove knowing or intentional gun possession on a later date when the government c… |
| 20-8013 | Jesus Manuel Anchondo-Quezada v. United States | Fifth Circuit | 2021-05-13 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-7793 | Edgar Ivan Lira Estrada v. United States | Fifth Circuit | 2021-04-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-7675 | John G. Stroming v. United States | Second Circuit | 2021-04-07 | Denied | Response WaivedIFP | age-gender-differences child-molestation criminal-procedure criminal-propensity evidence evidence-admissibility evidentiary-rules federal-law prior-convictions propensity victim-characteristics | Whether prior convictions for crimes of child molestation can be admitted into evidence where – because of differences in the age and gender of the vi… |
| 20-7591 | Herminio Perales-Perez v. United States | Fifth Circuit | 2021-03-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum | I. Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and ei… |
| 20-7583 | Thomas Mark Hild v. Colorado | Colorado | 2021-03-26 | Denied | IFP | 6th-amendment autonomous-rights constitutional-procedure criminal-justice defendant-rights due-process effective-assistance effective-assistance-of-counsel habitual-criminal plea-bargaining plea-negotiations prior-convictions | 1) Given this Court has ruled that our criminal justice system is largely a system of pleas rather than trials, is there a constitutional requirement … |
| 20-7232 | Raul Almanza-Portillo v. United States | Fifth Circuit | 2021-02-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7220 | Antonio Diaz-Agurcia v. United States | Fifth Circuit | 2021-02-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-6451 | Genesis Javon White v. United States | Eleventh Circuit | 2020-11-25 | Denied | Response WaivedIFP | acca armed-career-criminal armed-career-criminal-act criminal-classification factual-finding occasions-different prior-convictions sentencing sentencing-enhancement serious-drug-offense serious-drug-offenses | I. WHETHER THE DISTRICT COURT ERRED IN CLASSIFYING MR. GRIFFIN AS AN ARMED CAREER CRIMINAL WHERE HIS PRIOR CONVICTIONS DID NOT QUALIFY AS "SERIOUS DRU… |
| 20-6084 | Laron J. Wainwright v. United States | Eighth Circuit | 2020-10-20 | Denied | Response WaivedIFP | almendarez-torres-v-united-states armed-career-criminal-act judicial-records jury-trial modified-categorical-approach prior-convictions sentencing sentencing-enhancement sixth-amendment | Most circuits agree that when increasing a defendant's sentence beyond the normal statutory maximum pursuant to the Armed Career Criminal Act (ACCA), … |
| 20-6088 | Miguel Angel Baez-Castillo v. United States | Fifth Circuit | 2020-10-20 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment | I. Can a court, consistent with the Sixth Amendment, impose a statutorily enhanced sentence based on the fact of a prior conviction never alleged in t… |
| 20-6054 | Alex Cori Tribue v. United States | Eleventh Circuit | 2020-10-16 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2)IFP | armed-career-criminal-act collateral-review criminal-procedure due-process notice notice-requirement prior-convictions sentencing-enhancement | Whether, on collateral review, the government may maintain a sentencing enhancement under the ACCA by substituting a different conviction that it did … |
| 20-5882 | Omero Nino-Guerrero v. United States | Fifth Circuit | 2020-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 20-5710 | Jaime E. Coca-Ortiz v. United States | Fifth Circuit | 2020-09-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5646 | Sean Justin Owens v. United States | Eleventh Circuit | 2020-09-10 | Denied | Relisted (3)IFP | appellate-review armed-career-criminal-act commerce-clause criminal-conviction firearm-possession jury prior-conviction prior-convictions rehaif-v-united-states sentencing serious-drug-offense | 1. Whether, in cases charged and tried to a jury before this Court decided Rehaif v. United States, 139 S. Ct. 2191 (2019), courts of appeals may affi… |
| 20-5161 | Roberto Gonzalez-Gatica v. United States | Fifth Circuit | 2020-07-27 | Denied | Response WaivedIFP | constitutional-procedure criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5184 | Richard Brian Williams v. United States | Fifth Circuit | 2020-07-27 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 18-usc-924 armed-career-criminal-act criminal-charging criminal-procedure indictment indictment-error prior-convictions sentencing sentencing-provision statutory-interpretation | 1) Whether sentencing Mr. Williams under the ACCA was error because the prosecutor specifically charged the sentencing provision of 18 U.S.C. § 924(a)… |
| 19-1465 | Robert Marcelis v. Pennsylvania | Pennsylvania | 2020-07-07 | Denied | Response Waived | criminal-defendant criminal-procedure increased-sentence jury-finding jury-trial prior-convictions reasonable-doubt sentencing-enhancement sixth-amendment | Does the sixth amendment require a jury finding beyond a reasonable doubt that a criminal defendant has one or more prior convictions before an increa… |
| 19-8884 | Samuel Gray v. United States | Eleventh Circuit | 2020-07-02 | Denied | Response WaivedIFP | 18-usc-3559 categorical-approach crime-of-violence criminal-law elemental-analysis georgia-robbery prior-convictions recidivism sentencing sentencing-enhancement statutory-interpretation | I. THERE IS A LACK OF CLARITY AND UNANIMITY AMONG LOWER COURTS OF WHETHER A PRIOR GEORGIA ROBBERY CONVICTION CONSTITUTES A "CRIME OF VIOLENCE" FOR ENH… |
| 19-8791 | Jose Angel Vasquez-Soto v. United States | Fifth Circuit | 2020-06-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 19-8414 | Ashford James Simmons v. United States | Fourth Circuit | 2020-05-07 | Denied | IFP | armed-career-criminal-act categorical-approach controlled-substance-offense fourth-circuit prior-conviction prior-convictions sentencing-guidelines serious-drug-offense | Since 1990, this Court has required the lower courts to use the "categorical approach" in courts' evaluation of a criminal defendant's prior convictio… |
| 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… |
| 19-7971 | William L. Lewis v. Illinois | Illinois | 2020-03-12 | Denied | Response WaivedIFP | bias burden-of-proof criminal-procedure due-process judicial-error prejudice prior-convictions reasonable-doubt robbery sentencing sufficiency-of-evidence | 1. Did the trial Code And The Appellate Court error within entering a finding of quilt On a Single count Robbery when the government Cid net Prove pet… |
| 19-7962 | Rodney Jerome Womack v. James Robertson, Warden | Ninth Circuit | 2020-03-11 | Denied | IFP | criminal-procedure habeas-corpus ineffective-assistance-of-counsel prior-convictions representation-by-counsel right-to-counsel sentencing sentencing-enhancement | APPEALA c CO Ai ) PfcTLTtkrLlER S£ERTtfl.Ci\T£ OfRested ££>uari _V o/u q me puE«>Tio iu ; UUAS PETITIOMER REPRESENTED 6s? EQUNSEL X IVi 1*182. PRIOR… |
| 19-7869 | Raymond David Wilson v. United States | Fourth Circuit | 2020-03-04 | Denied | Response WaivedIFP | career-offender common-scheme criminal-scheme criminal-sentencing felony-disposition judicial-discretion misdemeanor-conviction misrepresentation-of-felony prior-conviction prior-convictions sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation | Why Did The DiStRiCt CouRt ERRONeouSLY CLASSIFEd MR.WiLSON AS A CAREER OFFENdER WhEN IN FACT BOth PRiORS AN INtERVeNiNg ARRESt. LSO WAS The DiStRICt C… |
| 19-7635 | Timothy Courtney v. United States | Fifth Circuit | 2020-02-11 | Denied | Response WaivedIFP | almendarez-torres constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-precedent prior-convictions sentencing sentencing-enhancement statutory-interpretation supreme-court-review | 1. Whether the holding in Almendarez-Torres creating an exception for not having to prove the existence of prior convictions when used to enhance a de… |
| 19-7587 | Lannon Lavar Burdunice v. Minnesota | Minnesota | 2020-02-07 | Denied | Response WaivedIFP | acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence | 1. MUST MV CONVICTION FOR SECOND DEGREE INTENTIONAL MURDER BE VACATED AND A JUDGEMENT OF ACQUITTAL ENTERED INSTEAD WHERE THE JURY'S GUILTY VERDICT GOE… |
| 19-7417 | Corey Michael Edwards v. United States | Fourth Circuit | 2020-01-24 | Denied | Response WaivedIFP | armed-career-criminal-act breaking-and-entering constitutional-challenge criminal-history effective-counsel predicate-offense predicate-offenses prior-convictions sentencing-enhancement sixth-amendment statutory-interpretation | Can a the breaking and entering of outbouildings (ie. storage Sheds), that were visably and actually padlocked from the outside, where no reasonable p… |
| 19-7289 | Willis Shane Gordon v. Sam Cline, Warden | Tenth Circuit | 2020-01-15 | Denied | Response WaivedIFP | apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines | Whether the Kansas courts violated petitioner's Sixth Amendment right to effective assistance of counsel, his Fifth Amendment right against self-incri… |
| 19-6956 | Thomas H. Outland v. New Jersey | New Jersey | 2019-12-16 | Denied | IFP | confrontation-clause credibility criminal-defendant criminal-procedure criminal-procedure-impeachment due-process evidence evidence-rules fair-trial impeachment jury-instructions prior-convictions right-to-present-a-defense | 1. DID THE NEW JERSEY STATE COURT ENDORSE THE USE OF N.J.R.E. 806 AS A VEHICLE FOR IMPEACHING NON-TESTIFYING CRIMINAL DEFENDANTS WITH THEIR PRIOR CONV… |
| 19-6693 | Chris Rayvon Starks v. United States | Sixth Circuit | 2019-11-20 | Denied | IFP | armed-career-criminal-act criminal-procedure judge-finding jury jury-decision jury-determination predicate-offense predicate-offenses prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-penalty | The fact that the defendant committed three predicate offenses "on occasions different from one another" an element of the ACCA for the jury to decide… |
| 19-6597 | Thiodore Igorovich Galitsa v. United States | Second Circuit | 2019-11-13 | Denied | Response WaivedIFP | credibility criminal-history criminal-procedure-due-process cross-examination dismissed-case dismissed-charges due-process fair-trial false-statements illegal-reentry prior-arrests prior-convictions prosecutorial-misconduct trial-fairness | Was Mr. Galitsa denied his right to a fair trial by the government's repeated questioning about allegations from a case dismissed for lack of evidence… |
| 19-6209 | John Hudson v. United States | Fifth Circuit | 2019-10-08 | Denied | Response WaivedIFP | appeal armed-career-criminal-act certificate-of-appealability due-process federal-appellate-procedure johnson-precedent johnson-v-united-states prior-convictions resentencing section-2255 sentencing sentencing-review violent-felony | The specific question presented for review is whether the United States Court of Appeals for the Fifth Circuit erred by denying Mr. Hudson a Certifica… |
| 19-6142 | Santo Leone v. United States | Fifth Circuit | 2019-10-03 | Denied | Response WaivedIFP | abuse-of-discretion amendment categorical-approach civil-procedure district-court-discretion divisibility drug-convictions due-process first-step-act marijuana-convictions motion-to-amend prior-convictions section-851 standing timeliness | Whether district court abused its discretion by concluding motion to amend should be denied as untimely? Whether district court erred when failure to… |
| 19-6115 | Jose Manuel Aguirre-Ganceda v. United States | Ninth Circuit | 2019-10-01 | Denied | Response WaivedIFP | actual-innocence collateral-attack criminal-justice criminal-procedure criminal-sentencing drug-conviction due-process federal-law federal-state-comity mandatory-life-sentence mandatory-minimum prior-convictions sentencing sentencing-enhancement state-court-reduction state-law | Whether a defendant is actually innocent of a mandatory life sentence once a prior state drug conviction relied upon by the District Court is set asid… |
| 19-5923 | Jamaar Danglo Hayes v. United States | Eleventh Circuit | 2019-09-12 | Denied | Relisted (2)IFP | armed-career-criminal-act categorical-approach prior-convictions sentencing sentencing-enhancement serious-drug-offense statutory-interpretation violent-felony | 1. Whether the determination of a "serious drug offense" under the Armed Career Criminal Act (ACCA or Act) requires the same categorical approach used… |
| 19-5861 | Louise K. Saine v. United States | Seventh Circuit | 2019-09-11 | Denied | Response WaivedIFP | appeal-denial appeals career-offender court-of-appeal crime-of-violence criminal-procedure drug-law due-process federal-case federal-classification federal-court federal-rules-of-criminal-procedure prior-convictions rehabilitation-programs rule-35 sentencing sentencing-guidelines sentencing-reform-act state-officer | When can Rule 35 be used error? Can a state case be classified as a federal case if defendant has never been convicted of prior felonies? What is th… |
| 19-5279 | Miguel Esparza-Salazar v. United States | Fifth Circuit | 2019-07-22 | Denied | Response WaivedIFP | almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure illegal-entry prior-convictions sentencing sentencing-factors sixth-amendment statutory-interpretation statutory-maximum | This case presents the issue of whether a criminal defendant charged with illegal entry, pursuant to 8 U.S.C. § 1326(b)(1) and (2), is entitled to not… |
| 19-5146 | Isiah Edward Gilliam v. Michigan | Michigan | 2019-07-11 | Denied | IFP | discovery discovery-violation due-process fair-trial habitual-offender ineffective-assistance-of-counsel jury-instructions mistrial prior-convictions prosecution prosecutorial-misconduct self-defense | WAS MR. GILLIAM DENIED DUE PROCESS AND A FAIR TRIAL WHEN THE PROSECUTION FAILED TO PROVIDE TIMELY DISCOVERY AS REQUIRED? WAS MR. GILLIAM DENIED THE R… |
| 19-5150 | Irvin Junior Phillips v. United States | Sixth Circuit | 2019-07-11 | Denied | Response WaivedIFP | 18-usc-924e apprendi-rule apprendi-v-new-jersey criminal-law criminal-procedure due-process indictment-requirements prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-interpretation supreme-court-review | 1. Whether the Court should consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of … |
| 18-9789 | Dan Pizarro v. United States | Fifth Circuit | 2019-06-25 | Denied | IFP | criminal-procedure criminal-sentencing direct-appeal drug-offenses drug-trafficking first-step-act prior-convictions prior-felony-conviction sentencing sentencing-enhancement statutory-minimum | Because Pizarro is still in the direct appeal process, is he entitled to the application of the First Step Act amendments to the statutory minimum sen… |
| 18-9601 | Lawrence J. Strickland v. United States | Eighth Circuit | 2019-06-10 | Denied | Response WaivedIFP | armed-career-criminal criminal-procedure due-process fifth-amendment predicate-offenses prior-convictions sentencing sixth-amendment | 1. Does it violate the Fifth Amendment Due Process Clause and the Sixth Amendment for the district court to make a finding that two "armed career crim… |
| 18-9573 | Ernesto Betancourt-Carrillo v. United States | Fifth Circuit | 2019-06-06 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-9556 | Charles R. Willard v. California Department of Corrections and Rehabilitation | Ninth Circuit | 2019-06-05 | Denied | IFP | certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment | 1. Is the low threshold for a certificate of appealability ("COA") met on a claim that trial counsel provided prejudicially deficient performance when… |
| 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… |
| 18-9006 | Donald Ray Boles v. United States | Second Circuit | 2019-04-26 | Denied | Response WaivedIFP | appellate-review apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-fact-finding judicial-precedent prior-conviction prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment | Whether the holding of Almendarez-Torres v. United States, 523 U.S. 224 (1998), which created a carve-out to the rule later adopted in Apprendi v. New… |
| 18-8714 | Kenneth Whigham, Jr., aka Kenneth Pringle v. United States | First Circuit | 2019-04-05 | Denied | Response WaivedIFP | Almendarez-Torres-v-United-States constitutional-challenge criminal-procedure due-process jury-submission jury-trial prior-conviction prior-convictions reasonable-doubt sentencing sentencing-enhancement supreme-court-precedent | Whether this Court's decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998), which held that the allegation of a prior conviction need no… |
| 18-8499 | Nestor David Vasquez v. United States | Ninth Circuit | 2019-03-20 | Denied | Response WaivedIFP | almendarez-torres apprendi constitutional-fairness courtroom-prejudice courtroom-security defendant-rights defendant-specific-security fair-trial fair-trial-rights inherent-prejudice inherently-prejudicial judicial-procedure ninth-circuit-review prior-conviction prior-convictions sentencing-enhancements trial-security | 1. In Holbrook v. Flynn , 475 U.S. 560, 570-72 (1986), the Court held that the mere presence of guards at a trial was not so inherently prejudicial th… |
| 18-8442 | Marc Dutch v. United States | Tenth Circuit | 2019-03-18 | Denied | Response WaivedIFP | 6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation | Given that the Sixth Amendment and Apprendi prohibit a sentencing judge from finding facts about a prior conviction, does 18 U.S.C. § 924(e)(1)'s requ… |
| 18-8380 | Woodrow Pressey, Jr. v. United States | Eleventh Circuit | 2019-03-12 | Denied | Relisted (4)IFP | 924(e)(2)(A)(ii) acca acca-predicate armed-career-criminal-act controlled-substances criminal-enhancement criminal-history drug-conviction drug-offenses florida-statute florida-statute-893.13 predicate-offense prior-convictions sentencing-enhancement serious-drug-offense serious-drug-offenses | 1. Whether prior convictions under Fla. Stat. §893.13 qualify as "serious drug offenses" for purposes of the ACCA, §924(e)(2)(A)(ii). 2. Whether Flor… |
| 18-1054 | Jason Allen Jackson v. United States | Eighth Circuit | 2019-02-12 | Denied | admissibility circuit-split criminal-procedure criminal-prosecution drug-crimes drug-possession due-process evidence evidence-admissibility knowledge-intent prior-conviction prior-convictions | Whether the mere fact of a prior drug possession conviction is admissible to show knowledge and intent in a subsequent drug distribution prosecution. | |
| 18-7572 | Vernon Montrell Webster v. United States | Eighth Circuit | 2019-01-25 | GVR | Response RequestedResponse WaivedRelisted (3)IFP | alternative-means armed-career-criminal-act burglary burglary-statute criminal-law criminal-sentencing due-process generic-burglary generic-offenses prior-conviction prior-convictions sentencing statutory-interpretation | (1) Whether the locations under Wisconsin's burglary statute are alternative means——a question pending resolution from the Wisconsin Supreme Court—mak… |
| 18-7577 | Roland Castro v. United States | Fifth Circuit | 2019-01-25 | Denied | Response WaivedIFP | armed-career-criminal-act due-process habitual-offender johnson-retroactivity johnson-v-united-states prior-convictions residual-clause sentencing sentencing-ambiguity statutory-maximum united-states-v-herrold united-states-v-johnson violent-felony | Whether it is inconsistent with Welch v. United States, 136 S. Ct. 1257 (2016), for a court to require a prisoner who files a second or successive mot… |
| 18-7323 | Robert Willis v. United States | Sixth Circuit | 2019-01-09 | Denied | Response WaivedIFP | acca armed-career-criminal-act career-offender criminal-law criminal-procedure drug-trafficking prior-conviction prior-convictions sentencing sentencing-enhancement statutory-maximum violent-felony | GROUND (I) WHETHER PETITIONER WILLIS'S 'B&E OCCUPIED' IS A VIOLENT FELONY UNDER ACCA? GROUND (II) WHETHER PETITIONER WILLIS'S DRUG TRAFFICKING CONVIC… |
| 18-7290 | Muhamet Ajvazi v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-01-08 | Denied | IFP | constitutional-rights constitutional-violation criminal-procedure due-process enhancement evidence judicial-review prior-conviction prior-convictions remand reversal sentencing | (I). WHETHER THE COURT SHOULD REVERSE AIAD REMAND DUE TO THE ADMISSION OF EVIDEHCE OF PRIOR COVVICTION USEN AS EHHANCEMENT THAT WAS MOT FIMAL. I). RI… |
| 18-7086 | Alex Joe Hernandez v. United States | Tenth Circuit | 2018-12-18 | Denied | Response WaivedIFP | armed-career-criminal-act constitutional-retroactivity due-process johnson-ruling johnson-v-united-states judicial-interpretation prior-convictions residual-clause sentencing sentencing-error standing welch-v-united-states | The question in this case has arisen with great frequency in the wake of Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v. United States,… |
| 18-7056 | David Leonard Johnson v. California | California | 2018-12-14 | Denied | IFP | california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery | I. IS THE CRIME OF RECEIVING STOLEN PROPERTY A LESSER INCLUDED OFFENSE OF ROBBERY, AND IF SO, WAS THE TRIAL COURT'S FAILURE. TO INSTRUCT ON RECEIV… |
| 18-6926 | James Valentine v. United States | Eleventh Circuit | 2018-12-06 | Denied | Response WaivedRelisted (2)IFP | circuit-court-conflict circuit-court-review circuit-split controlled-substance controlled-substance-offense criminal-sentencing criminal-sentencing-enhancement drug-conviction due-process ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentence-enhancement sentencing-guidelines statutory-interpretation | DID THE HONORABLE ELEVENTH CIRCUIT COURT OF APPEALS IN ATLANTA, GEORGIA COMMIT "PLAIN AND OBVIOUS ERROR" BY ALLOWING THE UNITED STATES DISTRICT COURT,… |
| 18-6581 | Larry Hailey v. United States | Fourth Circuit | 2018-11-06 | Denied | Response WaivedIFP | 28-usc-2255 career-offender career-offender-enhancement crimes-of-violence criminal-law criminal-procedure fourth-circuit fourth-circuit-appeal prior-convictions section-2255-motion sentencing sentencing-guidelines virginia-prior-convictions | 1. Whether the Fourth Circuit Court of Appeals Erred in Denying Petitioner's Appeal from Denial of His Motion Under 28 US.C. § 2255 Wherein Petitioner… |
| 18-6472 | James Gibson v. United States | Eleventh Circuit | 2018-10-29 | Denied | Response WaivedIFP | almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment | Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial when the district court imposed a minimum mandatory sentence of l… |
| 18-5978 | John Robert Register, Jr. v. United States | Eleventh Circuit | 2018-09-18 | Denied | Response WaivedIFP | career-offender civil-rights criminal-procedure drug-possession due-process plain-error prior-convictions sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation | A. Did the court commit a plain error by applying a career offender enhancement to petitioner, even though his prior convictions (to wit: possession o… |
| 18-5839 | James Frederick Rebmann v. United States | Sixth Circuit | 2018-08-30 | Denied | Response WaivedIFP | criminal-law drug-offense drug-offenses federal-sentencing federal-sentencing-guidelines felony-classification plain-reading possession-offenses prior-conviction prior-convictions sentencing-guidelines sixth-circuit statutory-interpretation | The Federal Sentencing Guidelines require a base offense level of 43 if the defendant is "convicted under 21 U.S.C. § 841(b)(1)(A), (b)(1)(B), or (b)(… |
| 18-5520 | James Morris Sellers v. United States | Fourth Circuit | 2018-08-09 | Denied | Response WaivedIFP | armed-career-criminal-act conclusion constitutional-provisions drug-offenses index prior-convictions sentencing-enhancement statutory-interpretation statutory-provisions supreme-court-precedent table-of-contents | Question not identified. |
| 18-5480 | Bjorn Christian Luster v. United States | Eighth Circuit | 2018-08-07 | Denied | Response WaivedIFP | burglary burglary-enhancement criminal-conviction criminal-history due-process evidence-interpretation fifth-amendment-due-process juvenile-offenses points-scoring prior-convictions sentencing sentencing-enhancement sentencing-guidelines sixth-amendment-effective-assistance-of-counsel ussg-2k2.1(b)(3) ussg-4a1.1 victim-testimony | 1. Did the court err in applying an offense level enhancement under U.S.S.G 2K2,1(a)(3) for having a prior crime of violence" conviction When said con… |
| 18-5253 | Dennis DeCiancio v. United States | Sixth Circuit | 2018-07-17 | Denied | Response WaivedIFP | civil-rights criminal-procedure disclosure-duty due-process duty-to-disclose evidence evidence-admissibility federal-rules-of-evidence free-speech materiality prior-convictions rule-10b-5 securities securities-fraud | Whether evidence of unrelated prior convictions is admissible in securities fraud cases as direct proof of a fraud under Rule 10b-5, even though there… |
| 18-5092 | Tyrone Anderson v. United States | Eleventh Circuit | 2018-07-02 | Denied | Relisted (4)IFP | almendarez-torres-v-united-states armed-career-criminal-act florida-robbery physical-force prior-convictions sentencing-enhancement stokeling-v-united-states victim-resistance violent-felony | I. Whether Mr. Anderson's sentence must be vacated because Florida robbery is not a "violent felony" for purposes of the Armed Career Criminal Act. I… |
| 18-5033 | Johnny L. Dawson v. United States | Eleventh Circuit | 2018-06-29 | Denied | Response WaivedIFP | armed-career-criminal-act categorical-approach criminal-sentencing due-process eleventh-circuit modified-categorical-approach prior-convictions prior-offenses sentencing sentencing-enhancement sentencing,criminal-law,statutory-interpretation statutory-interpretation | 1. Whether the Eleventh Circuit Court of Appeals erred in holding Petitioner's prior offenses qualified him under the Armed Career Criminal Act ("ACCA… |