reasonableness-standard

42 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-859 Chelesy Eastep, as Surviving Spouse and Next of Kin of Landon Dwayne Eastep v. Steven Carrick, et al. Sixth Circuit 2026-01-20 Pending Response Waived deadly-force excessive-force fourth-amendment graham-v-connor qualified-immunity reasonableness-standard 1. Whether or how police officers' own creation of, or contribution to, a dangerous situation prior to the use of deadly force factors into the Fourth…
25-738 Nick Kosmalski v. Sherrell King Sixth Circuit 2025-12-22 Denied Response Waived excessive-force fourth-amendment handcuffing qualified-immunity reasonableness-standard traffic-stop Whether the Sixth Circuit's three-factor tight handcuffing test, a brightline rule as stated and as applied in this case to deny qualified immunity, f…
25-5896 Shawn Travis Paschal v. United States Fifth Circuit 2025-10-15 Denied Response WaivedIFP appellate-review criminal-procedure imprisonment reasonableness-standard sentencing-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
25-267 Milton Green v. Christopher Tanner, et al. Eighth Circuit 2025-09-09 Denied Amici (2) constitutional-rights excessive-force law-enforcement qualified-immunity reasonableness-standard summary-judgment 1. In a case alleging that an officer used excessive force based on a mistake of fact, is the reasonableness of the officer's mistake a legal question…
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…
23-6712 Abner Renato Natareno-Calderon v. United States Fifth Circuit 2024-02-09 Denied Response WaivedIFP appellate-review criminal-procedure judicial-presumption reasonableness-standard rita-precedent rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate …
23-6406 Jamal Eberhardt v. United States Third Circuit 2024-01-03 Denied Response WaivedIFP appellate-review circuit-court-standard criminal-procedure due-process excessive-sentence judicial-discretion reasonableness-standard sentencing sentencing-guidelines sentencing-review third-circuit 1. Did the Third Circuit error by not finding Mr. Eberhardt's sentence was harsh and excessive.
23-5432 Kyle Vaughn v. United States Fifth Circuit 2023-08-24 Denied Response WaivedIFP appellate-review criminal-procedure judicial-presumption presumption-of-reasonableness reasonableness-standard rita-precedent rita-v-united-states sentencing sentencing-guidelines substantive-reasonableness Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate …
22-7833 Jeremy Randall Ezell v. United States Fifth Circuit 2023-06-21 Denied Response WaivedIFP appellate-review criminal-procedure federal-sentencing judicial-presumption reasonableness-standard rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate …
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…
22-6628 Johnell Lewis Britton, Sr. v. United States Fifth Circuit 2023-01-26 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure fact-specific-reasons federal-sentencing judicial-discretion non-guidelines-sentences procedural-error reasonableness-standard sentencing sentencing-guidelines Whether district courts are required to articulate fact-specific reasons for imposing non-guidelines sentences?
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…
22-5232 Jesus Javier Cruz-Hernandez v. United States Fifth Circuit 2022-07-29 Denied Response WaivedIFP appellate-review criminal-procedure federal-sentencing judicial-presumption reasonableness-standard rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate …
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…
21-6235 Brandon Marquis Jennings v. United States Fourth Circuit 2021-11-10 Denied Response WaivedIFP appellate-review due-process eighth-amendment life-sentence miller-v-alabama presumption-of-reasonableness reasonableness-standard sentencing sentencing-guidelines WHETHER THE APPELLATE REVIEW FOR REASONABLENESS OF A LIFE SENTENCE LACKS SUFFICIENT SCRUTINY. THE CIRCUIT COURT'S APPLICATION OF PRESUMED REASONABLENE…
21-5634 Michael D. Forbes v. United States Third Circuit 2021-09-09 Denied IFP appellate-review criminal-resentencing criminal-sentencing first-step-act guideline-range reasonableness-standard section-404 sentencing-guidelines sentencing-review Appellate court s review criminal sentence s for reasonableness . And major variances or departures from the advisory guideline range must be supporte…
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…
20-7168 Loren Joel McReynolds v. United States Ninth Circuit 2021-02-19 Denied Response WaivedIFP appeal appellate-review base-offense-level criminal-procedure firearms-offense reasonableness-standard sentencing sentencing-guidelines standard-of-review ussg-2k2.1 I. Whether The Court's Calculation Of McReynolds' Base Offense Level Was Erroneous? II. Whether The Court Erred In Denying A Reduction In The Offense…
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…
20-6274 Fernando Juarez, aka Fernando Perez-Juarez v. United States Fifth Circuit 2020-11-10 Denied Response WaivedIFP 18-usc-3553a appellate-review criminal-sentencing federal-sentencing judicial-discretion overarching-goal presumption-of-reasonableness reasonableness-standard rita-v-united-states sentencing-guidelines statutory-interpretation Whether the presumption of reasonableness for within-guidelines sentences approved in Rita v. United States, 551 U.S. 338 (2007) has proved incompatib…
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?
20-585 Greg Vasquez, et al. v. Maritza Amador, Individually and as Representative of the Estate of Gilbert Flores and as Next Friend of Minor R. M. F., et al. Fifth Circuit 2020-11-03 Denied Amici (1)Response RequestedRelisted (2) civil-rights deadly-force fourth-amendment law-enforcement police-intervention police-use-of-force qualified-immunity reasonableness-standard suicide-by-cop use-of-force 1. Viewing the facts from the officers' perspective at the time of the incident, did they act reasonably, under the Fourth Amendment, when an officer …
20-6155 Jordan Sandoval v. United States Tenth Circuit 2020-10-28 Denied Response WaivedIFP appellate-review circuit-split congress-intent judicial-discretion proportional-sentencing reasonableness-standard reckless-conduct sentencing-guidelines sentencing-reform-act substantive-reasonableness (1) Currently, the circuits are split in defining the role of appellate courts in conducting a meaningful substantive reasonableness review of a Defen…
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…
20-183 Billy D. Stair, III v. Charles Jackson Eighth Circuit 2020-08-19 Denied excessive-force fourth-amendment graham-v-connor law-enforcement plumhoff-v-rickard qualified-immunity reasonableness-standard totality-of-the-circumstances use-of-force Did the Eighth Circuit depart from this Court's decisions in Graham v. Connor, 490 U.S. 386 (1989) and Plumhoff v. Rickard, 572 U.S. 765 (2014) in den…
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…
19-6082 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 …
19-203 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…
19-5220 Hernardo Medina-Villegas v. United States First Circuit 2019-07-19 Denied Response WaivedIFP constitutional-claims due-process prejudice reasonableness sixth-amendment constitutional-rights due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel legal-standard prejudice reasonableness-standard sixth-amendment standard-of-reasonableness This Case involves the Trial and Appellate Counsels Performance falling Below an objective Standard of Reasonableness, that prejudice the Petitioner. …
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…
18-8834 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…
18-7739 Gonzalo Holguin-Hernandez v. United States Fifth Circuit 2019-02-04 Judgment Issued Amici (3)Response RequestedResponse WaivedRelisted (4)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…
18-7156 Antonez Terril Johnson v. United States Eleventh Circuit 2018-12-20 Denied Response WaivedIFP arrest federal-circuit-split fourth-amendment investigative-detention investigatory-stop investigatory-stops pedestrian-stop probable-cause reasonableness-standard scope-and-duration terry-stop terry-v-ohio This Court has held, in several traffic stop cases, that investigatory stops based on probable cause can violate the Fourth Amendment in scope and dur…
18-6600 Ringo Recto Labrador v. United States Fifth Circuit 2018-11-07 Denied Response WaivedIFP circuit-split criminal-sentencing empirical-basis fifth-circuit judicial-review methamphetamine-sentencing presumption-of-reasonableness reasonableness-standard second-circuit sentencing-commission sentencing-guidelines Is a sentence imposed under the methamphetamine sentencing guideline–a guideline crafted without benefit of Sentencing Commission expertise or empiric…
18-6271 Sonny Scott v. United States Fifth Circuit 2018-10-10 Denied Response WaivedIFP appellate-review appellate-standard booker-standard circuit-split criminal-procedure plain-error plain-error-review reasonableness-challenge reasonableness-standard sentencing sentencing-review standard-of-review substantive-reasonableness united-states-v-booker (1) When—if at all—must a defendant object to the reasonableness of a sentence to preserve that argument for appellate review? (2) What is the proper…
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?
18-323 Suzan Evans, Individually and as Wife and Next of Kin of Scott Evans, Deceased v. United States, et al. Sixth Circuit 2018-09-12 Denied Response RequestedResponse WaivedRelisted (2) circuit-split constitutional-law excessive-force fourth-amendment graham-v-connor police-conduct reasonableness-standard tennessee-v-garner totality-of-circumstances use-of-force Whether the totality of the circumstances test for assessing the reasonableness of a use of force under this Court's decisions in Tennessee v. Garner,…
18-5516 Isaiah Galbreath v. United States Fifth Circuit 2018-08-08 Denied Response WaivedIFP circuit-split criminal-sentencing empirical-basis fifth-circuit judicial-review methamphetamine methamphetamine-sentencing presumption-of-reasonableness reasonableness-standard second-circuit sentencing-commission sentencing-guidelines Is a sentence imposed under the methamphetamine sentencing guideline–a guideline crafted without benefit of Sentencing Commission expertise or empiric…