| 25A644 |
Markhel D'John Harris-Franklin v. United States |
Eighth Circuit |
2025-12-02 |
Application |
|
circuit-split continuance criminal-procedure ends-of-justice reasonableness speedy-trial-act |
Whether ends-of-justice continuances granted under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7), may be open-ended. |
| 25-5795 |
Jordan Jysae Pulido v. United States |
Eleventh Circuit |
2025-10-02 |
Denied |
Response WaivedIFP |
border-search electronic-device fourth-amendment privacy-rights reasonableness search-and-seizure |
What limits does the Fourth Amendment's reasonableness requirement impose on searches of electronic devices performed at the border. |
| 25-5149 |
Jerrell Sims v. United States |
Fifth Circuit |
2025-07-18 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 24-870 |
AMN Distribution, Inc., a Delaware Corporation, et al. v. Athena Cosmetics, Inc., a Delaware Corporation |
Ninth Circuit |
2025-02-13 |
Denied |
|
attorney-fees fraud legal-standard misconduct prevailing-party reasonableness |
Should attorney time spent due to a prevailing party's fraud and misconduct be presumed unreasonable as a matter of law and excluded from prevailing p… |
| 24-6284 |
Christopher Duncan v. United States |
Fifth Circuit |
2025-01-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 23-7508 |
Matias Zarate v. United States |
Seventh Circuit |
2024-05-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process guidelines reasonableness reasonableness-standard sentencing sentencing-guidelines seventh-circuit supervised-release |
Whether a sentence within the guidelines range is unreasonable when the defendant has already served more time on supervised release than originally s… |
| 23-1098 |
Thomas Cole v. Foxmar, Inc., dba Education and Training Resources |
Second Circuit |
2024-04-09 |
Denied |
Response Waived |
bmw-of-n-am-inc-v-gore civil-procedure due-process harm-to-others jury-award potential-harm punitive-damages reasonableness remittitur tx-production-corp-v-alliance-resources-corp |
The punitive damages standard set forth by this
Court in TXO Production Corp. v. Alliance Resources
Corp., 509 U.S. 448 (1993) and BMW of N. Am., Inc.… |
| 23-6837 |
David Carbonaro v. United States |
Third Circuit |
2024-02-27 |
Denied |
Response WaivedIFP |
appellate-review computer-crime computer-use criminal-procedure image-quantity judicial-discretion number-of-images reasonableness sentencing sentencing-enhancement sentencing-enhancements |
I. Whether the Court erred when it overruled the objections to the enhancements for the use of a computer and the number of images?
II. Whether the C… |
| 23-901 |
John C. Frank v. Debra Lee, in Her Official Capacity as Laramie County Clerk, et al. |
Tenth Circuit |
2024-02-21 |
Denied |
Response Waived |
buffer-zone burson-v-freeman election-buffer-zone election-day electioneering first-amendment free-speech polling-place polling-place-restrictions reasonableness voter-intimidation |
Whether the Tenth Circuit erred in upholding Wyoming's 300-foot election day buffer zone without requiring the state to meet any burden to support the… |
| 23-5776 |
Andrea Lamont Medlock v. United States |
Fifth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
criminal-procedure federal-authority imprisonment-review judicial-discretion plain-error reasonableness revocation sentencing-review sentencing-standards standard-of-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 23-5130 |
Caleb Bryant Hickcox v. United States |
Fifth Circuit |
2023-07-19 |
Denied |
Response WaivedIFP |
bruen circuit-split criminal-procedure criminal-sentencing district-court-procedure reasonableness reasonableness-review second-amendment sentencing sentencing-requirements statutory-interpretation |
1) Must district courts comply with the requirements of 18 U.S.C. § 3553(c) to state, in open court, the reasons for the sentence imposed?
2) Should … |
| 23-45 |
Ethan R. Shields v. United States |
Armed Forces |
2023-07-14 |
Denied |
Response Waived |
abuse-of-discretion digital-forensics fourth-amendment military-justice reasonableness search-and-seizure |
1. Whether this Court should endorse the Tenth Circuit framework for assessing the reasonableness of digital forensic searches under the Fourth Amendm… |
| 23-24 |
Grist Mill Capital, LLC v. Universitas Education, LLC, et al. |
Second Circuit |
2023-07-07 |
Denied |
|
civil-procedure due-process forum-state general-jurisdiction minimum-contacts personal-jurisdiction reasonableness rule-60-motion specific-jurisdiction void-judgment |
"Absent an exceptional circumstance, a corporation is subject to general jurisdiction only in a State where it is incorporated or has its principal pl… |
| 22-7379 |
Igor Grushko v. United States |
Eleventh Circuit |
2023-04-26 |
Denied |
Response WaivedIFP |
4th-amendment criminal-procedure fourth-amendment law-enforcement loss-calculation probable-cause reasonableness reasonableness-standard search-and-seizure search-warrant sentencing-guidelines |
1. WHETHER THE POLICE ENTERING A RESIDENCE TO
EXECUTE A SEARCH WARRANT MUST POSSESS PROBABLE
CAUSE THAT THE PERSON THEY ARE SEEKING IS INSIDE THE
RESI… |
| 22-768 |
Angie Waller, et al. v. Richard Hoeppner, et al. |
Fifth Circuit |
2023-02-15 |
Denied |
Response Waived |
civil-rights-act fourth-amendment graham-v-connor municipal-liability reasonableness reasonableness-standard search-and-seizure tennessee-v-garner totality-of-circumstances totality-of-the-circumstances |
1. Does the Fifth Circuit's "narrowed" test of
reasonableness of a search or seizure under the Fourth
Amendment, which deems as irrelevant any of th… |
| 22-5811 |
Matthew Poulin v. United States |
Seventh Circuit |
2022-10-12 |
Denied |
Response WaivedIFP |
alcohol-consumption alcohol-prohibition appeal criminal-procedure district-court due-process reasonableness sentencing supervised-release unreasonable-sentence |
I. Whether the district court erred by sentencing Mr. Poulin to twelve (12) months considering the circumstances of the case?
II. Whether the special… |
| 22-5744 |
Warne Keahi Young v. Hawaii Island Humane Society, et al. |
Hawaii |
2022-10-03 |
Denied |
IFP |
animal-seizure collateral-estoppel fourth-amendment hawaii-state-court intentional-infliction-of-emotional-distress law-enforcement negligence reasonableness reasonableness-standard search-and-seizure |
Is the standard of reasonableness under the Fourth Amendment of the United States Constitution the same as the standard of reasonableness under neglig… |
| 22-5212 |
Jonita Desirrae Brown v. United States |
Fifth Circuit |
2022-07-28 |
Denied |
Response WaivedIFP |
appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonableness reasonableness sentencing supervised-release |
Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness, as United States v… |
| 21-8197 |
Michael James Bosman v. United States |
Tenth Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
alternatives criminal-procedure fourth-amendment law-enforcement-conduct police-conduct precedent probable-cause reasonableness reasonableness-standard search-and-seizure seizure |
Did the Tenth Circuit misapply this Court's precedent, and wrongly reject Mr. Bosman's Fourth Amendment claim, when it dismissed the availability of a… |
| 21-8196 |
Cody Andrew Anderson v. United States |
Fifth Circuit |
2022-06-22 |
Denied |
Response WaivedIFP |
appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonable reasonableness sentencing supervised-release |
Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness, as United States v… |
| 21-8093 |
Albert Aiad-Toss v. United States |
Sixth Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
18-usc-3553 18-USC-3553a abuse-of-discretion criminal-procedure district-court-discretion procedural-reasonableness reasonableness sentencing sentencing-guidelines substantive-reasonableness supervised-release |
Whether Mr. Aiad-Toss's lifetime supervised release term was procedurally unreasonable because the district court failed to adequately explain its dec… |
| 21-8030 |
Andre Marcus Buchanan v. United States |
Fourth Circuit |
2022-06-01 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a career-offender criminal-procedure due-process plain-error plain-error-review reasonableness sentencing |
WHETHER MR. BUCHANAN'S SENTENCE IS UNREASONABLE BECAUSE
IT IS GREATER THAN NECESSARY TO ACCOMPLISH THE GOALS OF
18 U.S.C. § 3553(a).
WHETHER PLAIN … |
| 21-7891 |
William Ramirez-Frechel v. United States |
First Circuit |
2022-05-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process federal-sentencing-guidelines judicial-discretion reasonableness reasonableness-review sentencing |
Whether The Sentence Imposed is Unreasonable. |
| 21-7734 |
Bruce Mitchell Nicholson v. United States |
Eleventh Circuit |
2022-04-28 |
Denied |
Response WaivedIFP |
civil-procedure criminal-procedure exclusionary-rule fourth-amendment probable-cause reasonableness search-warrant time-limit |
Does a violation of a time-limit prescribed in a search warrant render a search unreasonable under the Fourth Amendment? |
| 20-7655 |
Lisa Bershan v. United States |
Second Circuit |
2021-04-05 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure downward-departure judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines variances |
Should this Court should grant certiorari in order to resolve the following conflict among the circuits: Is a sentencing judge required specifically t… |
| 20-7580 |
Trinidad Jesus Garcia v. United States |
Eighth Circuit |
2021-03-26 |
Denied |
Response WaivedIFP |
appellate-review civil-procedure criminal-procedure due-process federal-sentencing individualized-circumstances judicial-discretion plain-error reasonableness sentencing sentencing-guidelines |
whether Formal objection after pronouncement of Sentence is necessary to invoke appellate review of Sentence (Ground Four) and Sentence Prejudice the … |
| 20-7052 |
Joshua Wright v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion mitigating-factors procedural-reasonableness reasonableness sentencing substantive-reasonableness |
Where the court failed to address Petitioner's mitigating arguments and failed to justify its sentence, whether the 151-month sentence is procedurally… |
| 20-6991 |
Edwin Jurado-Nazario v. United States |
First Circuit |
2021-02-01 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process first-circuit judicial-discretion reasonableness reasonableness-review sentencing |
Whether The Sentence Imposed is Unreasonable. |
| 20-6933 |
Seledonio Martinez v. United States |
Fourth Circuit |
2021-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness reasonableness-review sentencing sentencing-guidelines sentencing-standard totality-of-the-circumstances |
Where the totality of the circumstances of this case do not support a top-of-the-Guidelines sentence, whether the 46-month sentence is reasonable. |
| 20-6437 |
Tommy Pena v. United States |
Tenth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-sentencing reasonableness reasonableness-standard sentencing-guidelines sentencing-review upward-variance |
Mr. Peña's 360-month sentence was an upward variance of 222 months, or 160%, from the high end of the total advisory guideline range of 123-138 months… |
| 20-6213 |
J. Santos Mondragon-Benitez v. United States |
Fifth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-authority imprisonment-revocation plain-error reasonableness reasonableness-standard revocation sentencing-review standard-of-review supervised-release |
Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness? |
| 20-6124 |
Jose Maria Loaiza-Gaspar v. United States |
Fifth Circuit |
2020-10-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process guideline-sentence ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw reasonableness sentencing sentencing-guidelines |
My Sentence of LIFE imprisonment was imposed without the trial court addressing my non-frivolous argument for a lower sentence. On appeal, the Court o… |
| 20-5507 |
Laci Landers v. United States |
Fifth Circuit |
2020-08-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure discretionary-review drug-offense guidelines judicial-review reasonableness reasonableness-standard revocation-sentence sentencing sentencing-guidelines totality-of-circumstances |
Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit") has so far departed from the accepted and usual cou… |
| 20-5227 |
Jesus Hernandez-Medrano v. United States |
Fifth Circuit |
2020-07-30 |
Denied |
Response WaivedIFP |
appellate-review due-process empirical-basis fifth-circuit illegal-reentry presumption-of-reasonableness reasonableness sentencing-guidelines |
Whether a presumption of reasonableness on appeal does not apply to a sentence produced by the illegal reentry guideline, §2L1.2, because that guideli… |
| 19-8515 |
Michael Munday v. United States |
Eleventh Circuit |
2020-05-21 |
Denied |
Response WaivedIFP |
disparate-sentencing double-jeopardy due-process fairness fifth-amendment judicial-review reasonableness sentencing sentencing-disparity sixth-amendment |
In affirming the 12-year upward departure sentence, the Eleventh Circuit Court of Appeals has so far departed from the accepted and usual course of ju… |
| 19-7998 |
Paul Anthony Montanez v. United States |
Fifth Circuit |
2020-03-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion reasonableness reasonableness-standard sentencing sentencing-guidelines |
I. Did the district court impose a plainly unreasonable sentence upon Mr. Montanez? |
| 19-7950 |
Daejerron L. Valentine v. Nebraska |
Nebraska |
2020-03-10 |
Denied |
Response WaivedIFP |
4th-amendment ambiguity automobile-exception conjunctive consistency criminal-procedure Did the removal of 'or' create ambiguity? disjunctive fourth-amendment Is a defendant entitled to consistent jury instruc jury-instructions jury-trial legislative-history possession probable-cause reasonableness reasonableness-standard scope-of-search search search-and-seizure search-scope statutory-interpretation warrant-requirement warrantless-search |
1) Did the warrantless search of an automobile pursuant to the automobile exception become unreasonable when police officers expanded the search beyon… |
| 19-7681 |
Howard Aron Washington, Jr. v. United States |
Fourth Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review criminal-sentencing gall-v-new-jersey guideline-departure procedural-error procedural-reasonableness reasonableness rosales-mireles Rosales-Mireles-v-United-States sentencing sentencing-guidelines standard-of-review |
THE DECISION OF THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT IN UNITED STATES V. WASHINGTON IS INCONSISTENT WITH THIS COURT'S DECISION IN… |
| 19-7056 |
Robert Keith Kinsey v. United States |
Fifth Circuit |
2019-12-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure district-court judicial-objection objection preservation-of-error procedural-reasonableness reasonableness sentencing sentencing-procedure |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court? |
| 19-6935 |
Rickie James King v. United States |
Fifth Circuit |
2019-12-13 |
Denied |
Response WaivedIFP |
appellate-review certiorari criminal-procedure district-court due-process fifth-circuit leniency-arguments preservation-of-error procedural-reasonableness reasonableness remand sentencing sentencing-procedure united-states-v-haymond |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court?
II. Whethe… |
| 19-6932 |
Dustin Larmon McDonald v. United States |
Fifth Circuit |
2019-12-13 |
Dismissed |
Response RequestedResponse WaivedIFP |
appellate-review certiorari criminal-procedure district-court due-process fifth-circuit leniency-arguments preservation-of-error procedural-objection reasonableness sentencing-procedure sentencing-reasonableness united-states-v-haymond |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court?
II. Whethe… |
| 19-6881 |
April Torres v. United States |
Fifth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion parole probation reasonableness revocation sentencing supervised-release |
I. Did the district court impose a plainly unreasonable revocation sentence upon Ms. Torres? |
| 19-6497 |
David Morillo-Cruz v. United States |
Third Circuit |
2019-11-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness sentencing sentencing-guidelines |
Whether the sentence imposed by the Court was reasonable? |
| 19-530 |
James Kerr Schlosser v. United States |
Third Circuit |
2019-10-22 |
Denied |
Response Waived |
civil-rights constitutional-rights criminal-procedure due-process evidence-denial judicial-misconduct mens-rea reasonableness religious-beliefs restitution right-to-a-complete-defense state-of-mind statutory-authority willfulness |
1. Whether the lower courts erred regarding the denied evidence, violating the defendant's constitutional right to a complete defense, if the evidence… |
| 19-6082 |
Chase Matheny v. United States |
Fifth Circuit |
2019-09-26 |
Denied |
Response WaivedIFP |
constitutional-rights fourth-amendment home-search liberty liberty-interest overbreadth overbroad probation probation-supervision reasonableness reasonableness-standard supervised-release supervision vagueness |
Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to visit … |
| 19-6059 |
Serrah Arnold, aka Kristen v. United States |
Fifth Circuit |
2019-09-25 |
Denied |
Response WaivedIFP |
constitutional-rights fourth-amendment home-search liberty-deprivation liberty-interest overbreadth probation probation-supervision reasonableness reasonableness-standard supervised-release vagueness |
Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to visit … |
| 19-5741 |
Jose Marin Saldana-Reyes v. United States |
Ninth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness reasonableness sentencing sentencing-procedure sentencing-standard |
In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to… |
| 19-203 |
David Greenberg v. United States |
Second Circuit |
2019-08-16 |
Denied |
Response Waived |
appellate-review circuit-court-review cooperation-agreement criminal-procedure criminal-sentencing reasonableness reasonableness-of-sentence reasonableness-standard second-circuit sentence-disparity sentencing sentencing-disparities sentencing-guidelines unwarranted-disparity |
Did the Second Circuit err in affirming Petitioner David Greenberg's sentence without addressing (1) the sentencing court's failure to consider the pr… |
| 19-5269 |
Reginald Christopher Gilbert v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
IFP |
appellate-procedure appellate-review criminal-law criminal-procedure defendant-rights federal-rules-of-criminal-procedure judicial-review jurisdiction objection reasonableness reasonableness-standard sentencing sentencing-review |
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 19-5182 |
Geovanny Antonio Loyola-Villegas v. United States |
Fifth Circuit |
2019-07-16 |
Denied |
IFP |
appellate-review empirical-basis federal-rules-of-criminal-procedure plain-error presumption-of-reasonableness reasonableness sentencing sentencing-guidelines |
1. Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's se… |
| 18-9379 |
Paul A. Light v. United States |
Second Circuit |
2019-05-22 |
Denied |
Response WaivedIFP |
child-pornography criminal-sentencing ineffective-assistance-of-counsel ineffective-counsel judicial-bias non-contact-offenders reasonableness recusal second-circuit sentencing-commission sentencing-guidelines |
I. Whether a sentence imposed pursuant to the child pornography Sentencing Guidelines, on a man whose crime was viewing pornography alone in his home,… |
| 18-9233 |
Michael Perales v. United States |
Fifth Circuit |
2019-05-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-appeals criminal-procedure district-court-discretion due-process plain-error procedural-reasonableness reasonableness sentencing sentencing-explanation sentencing-guidelines sentencing-procedure |
Is a district court's gross failure to explain an above-range sentence or to respond to arguments for a lesser sentence reversible on plain error?
Mu… |
| 18-9164 |
Antonio Muro, Jr. v. United States |
Fifth Circuit |
2019-05-06 |
GVR |
Relisted (2)IFP |
appellate-review criminal-procedure due-process judicial-review jurisdiction objection procedural-requirement reasonableness reasonableness-standard sentencing |
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 18-9131 |
Ryan Canfield v. United States |
Second Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
4th-amendment civil-rights community-caretaking due-process fourth-amendment impoundment inventory law-enforcement probable-cause public-safety reasonableness standardized-procedures vehicle-impoundment |
The warrantless impoundment of an arrested person's car is permissible only when it is "totally divorced" from any investigation of criminal activity.… |
| 18-8834 |
José Amaya-Vasquez v. United States |
Third Circuit |
2019-04-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion prior-bad-acts reasonableness reasonableness-standard sentencing sentencing-review |
1. Whether the Court erred by considering the prior bad acts in the determination of the appropriate sentence?
2. Whether the sentence imposed by the… |
| 18-1252 |
Rev. Barry D. Bilder v. Rev. Beth Mathers, et al. |
Tenth Circuit |
2019-03-29 |
Denied |
|
civil-rights dna dna-collection due-process fourth-amendment fourth-amendment-rights reasonableness right-to-counsel search-warrant seizure sixth-amendment |
Is a Search Warrant (for DNA) "reasonable" under the Fourth (4th) Amendment?
Was the Petitioner's Sixth (6th) Amendment, "Right to Counsel," violated… |
| 18-8504 |
John Whaley v. United States |
Second Circuit |
2019-03-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process imprisonment procedural-reasonableness reasonableness sentencing sentencing-factors sentencing-guidelines supervised-release |
Whether, on remand, imposition of the same twenty-five year term of imprisonment and maximum ter superviselease was bot procurally n ubstantively rabl… |
| 18-8405 |
Mohammed Suleiman Roble v. United States |
District of Columbia |
2019-03-15 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-defense criminal-defense-attorney-ineffectiveness due-process exculpatory-evidence government-evidence ineffective-assistance pre-trial-proceedings reasonableness sixth-amendment strickland-v-washington |
DOES STRICKLAND v. WASHINGTON, 466 US 668, 80 L Ed Qd 674, 104 S Ct 2052 REQUIRE THE GOVERNMENT'S EVIDENCE TO BE WEAK TO FIND A CRIMINAL DEFENSE ATTOR… |
| 18-8239 |
Negus Thomas v. United States |
Second Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-procedure crosby-remand district-court intervening-change-in-law jacobson-remand law-of-the-case law-of-the-case-doctrine manifest-injustice new-evidence reasonableness reasonableness-review resentencing sentencing |
On a Crosby remand, the district court decided not to resentence the defendants. On a Jacobson remand, the district court again decided not to resente… |
| 18-8181 |
Feliciano Soto-Lugo v. United States |
Fifth Circuit |
2019-02-28 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure defendant-leniency district-court-discretion due-process judicial-response preservation-of-error reasonableness reasonableness-objection sentencing sentencing-guidelines sentencing-review |
Must challenges to the district court's failure to respond to a
defendant's non-frivolous grounds for leniency be preserved
by a separate "reasonablen… |
| 18-8161 |
Kali Lord v. United States |
Fifth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
above-guidelines-sentence appellate-review criminal-procedure district-court district-court-discretion plain-error preservation-of-error procedural-error procedural-reasonableness reasonableness sentencing sentencing-arguments sentencing-guidelines sentencing-reasonableness |
Is a district court's gross failure to explain an above-range sentence or to respond to arguments for a lesser sentence reversible on plain error?
Mu… |
| 18-7863 |
Jeffrey Burris v. United States |
Fourth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
18-usc-3553a abuse-of-discretion criminal-sentencing due-process firearms firearms-possession reasonableness reasonableness-review sentencing sentencing-guidelines statutory-interpretation unregistered |
Whether a sixty-month sentence for the simple possession of unregistered firearms, without any evidence suggesting the defendant was doing anything il… |
| 18-7862 |
Vincent Beatty, aka Jamaal Beatty, aka Vincent Daward Beatty, aka Mozzi v. United States |
Fourth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
abuse-of-discretion advisory-guidelines criminal-history criminal-procedure criminal-sentencing felon-in-possession reasonableness reasonableness-review sentencing-guidelines sentencing-variance sua-sponte upward-variance |
Whether a sua sponte upward variance sentence is reasonable where the advisory Guideline range accurately reflected the defendant's conduct and prior … |
| 18-7739 |
Gonzalo Holguin-Hernandez v. United States |
Fifth Circuit |
2019-02-04 |
Judgment Issued |
Amici (3)Response RequestedResponse WaivedRelisted (3)IFP |
appellate-review criminal-procedure due-process judicial-review jurisdiction objection procedural-requirement reasonableness reasonableness-standard sentencing |
Whether a formal objection after pronouncement of sentence is necessary to invoke appellate reasonableness review of the length of a defendant's sente… |
| 18-7566 |
Pedro Goris, aka Pedro Goriz, aka Pedro Abreu v. United States |
Second Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals appellate-review constitutional-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Whether Petitioner's sentence was both procedurally and substantively unreasonable. |
| 18-695 |
Christopher Chung, et al. v. Gulstan E. Silva, Jr., as Personal Representative of the Estate of Sheldon Paul Haleck, et al. |
Ninth Circuit |
2018-11-27 |
Denied |
Amici (1) |
civil-rights clearly-established-law community-caretaking due-process excessive-force law-enforcement ninth-circuit qualified-immunity reasonableness use-of-force |
1. Whether the Ninth Circuit erred in denying the officers qualified immunity by defining clearly established law at too high a level of generality ra… |
| 18-6692 |
Richard D. Waterson, II v. United States |
Eleventh Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
criminal-sentencing double-counting fairness justice procedural-reasonableness reasonableness recidivism recidivism-risk sentencing-enhancement sentencing-enhancements sentencing-guidelines |
Whether in the exercise of its supervisory jurisdiction over the Courts of the United States, this Court should determine that the sentence imposed on… |
| 18-6404 |
Tomas Ramirez-Cruz v. United States |
Ninth Circuit |
2018-10-24 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-sentencing due-process judicial-review non-frivolous-arguments procedural-due-process procedural-reasonableness reasonableness rita-v-united-states sentencing-policy sentencing-procedure sentencing-reasonableness |
In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to… |
| 18-6067 |
Edward Lee Lewis v. United States |
Fourth Circuit |
2018-09-21 |
Denied |
Response WaivedIFP |
armed-career-criminal-act booker-standard circuit-split criminal-procedure due-process overserved-sentence plainly-unreasonable reasonableness revocation-sentence sentencing sentencing-standard standard-of-review supervised-release |
1. Whether the appropriate standard of review for a sentence following the revocation of supervised release is the "plainly unreasonable" standard onc… |
| 18-6001 |
Demario Carman v. Georgia |
Georgia |
2018-09-18 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights double-jeopardy due-process fifth-amendment manifest-necessity mistrial-exception reasonableness trial-court trial-court-discretion |
Whether the protection against Double Jeopardy contained in the Fifth Amendment is an empty promise where determinations as to what is "manifest neces… |
| 18-5970 |
Allen D. Gorion v. United States |
Ninth Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-sentencing cruel-and-unusual-punishment due-process federal-sentencing judicial-discretion reasonableness reasonableness-standard sentencing-discretion sentencing-guidelines sentencing-reform |
Whether certiorari should be granted to set forth some guidelines in
determining when a sentence is unreasonable? |
| 18-5847 |
Jaime Shakur Garcia v. United States |
Fifth Circuit |
2018-08-30 |
Denied |
Response WaivedIFP |
certiorari-petition chavez-meza circuit-split criminal-procedure en-banc en-banc-review plain-error reasonableness remand sentencing sentencing-reasonableness |
I. Should this Court hold this Petition until the court below renders its forthcoming en banc decision in United States v. Reyes-Contreras, 892 F.3d 8… |