relevant-conduct
48 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-6753 | John Martin v. United States | Second Circuit | 2025-03-12 | Denied | Response WaivedIFP | criminal-activity joint-enterprise reasonably-foreseeable relevant-conduct second-circuit sentencing-guidelines | Whether the United States Court of Appeals for the Second Circuit incorrectly interpreted the Sentencing Guidelines' relevant conduct provisions for j… |
| 24-5882 | Tyrone Greenfield v. United States | Fourth Circuit | 2024-10-31 | Denied | Response WaivedIFP | criminal-history judicial-discretion miscalculation procedural-error relevant-conduct sentencing | Whether a sentence may be sustained if it relies upon an obvious and gross miscalculation pertaining to alleged wrongdoing that results in incorrect r… |
| 24-5071 | Dennis German v. United States | Seventh Circuit | 2024-07-12 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment 8th-amendment criminal-procedure due-process effective-assistance eighth-amendment fifth-amendment relevant-conduct sentencing sentencing-guidelines | (1). Weather the Government violated the Petitioner's 8th Amendment. Constitutional Rights (To be free from infliction of Cruel and Unusual Punishm… |
| 23-1188 | Jonathon Owen Shroyer v. United States | District of Columbia | 2024-05-03 | Denied | Response Waived | appeal-waiver first-amendment free-speech protected-speech relevant-conduct relevant-offense-conduct sentencing substantive-reasonableness | 1. Whether a prison sentence imposed as a result of the consideration of protected speech as "relevant offense conduct" violates the First Amendment a… |
| 23-7304 | Michael Anthony Granado v. United States | Sixth Circuit | 2024-04-25 | Denied | Response WaivedIFP | criminal-law due-process firearms firearms-possession music-videos relevant-conduct sentencing-guidelines sixth-circuit uncharged-offenses | The United States Sentencing Guidelines directs courts to use uncharged offenses in its calculation of a defendant's guideline range if the uncharged… |
| 23-7097 | Travis C. Crosby v. United States | Eleventh Circuit | 2024-03-28 | Denied | Response WaivedIFP | conspiracy criminal-evidence criminal-procedure due-process eleventh-circuit evidence fraud fraud-charges ppp-loans relevant-conduct rule-404b sentencing | (1) Whether the Eleventh Circuit erred in finding that the district court did not abuse its discretion by admitting Rule 404 (b) evidence of fraudulen… |
| 23-5605 | Alfred John McDonald v. United States | Fifth Circuit | 2023-09-18 | Denied | Response WaivedIFP | criminal-history drug-quantity due-process evidence-standard hemp marijuana procedural-fairness relevant-conduct | 1. Whether McDonald's right to due process was violated when the drug quantity attributed to McDonald was based in part on vague ledgers, unrebutted e… |
| 23-5583 | Fernando Lopez v. United States | Fifth Circuit | 2023-09-14 | Denied | Response WaivedIFP | crime-of-violence double-counting felon-in-possession fifth-amendment preponderance-of-the-evidence preponderance-standard relevant-conduct sentencing sixth-amendment | L. Whether alleged possession of a different gun 17 months after Mr. Lopez's charged felon-in-possession offense constituted relevant conduct? I. Whe… |
| 22-7814 | Joshua E. Preece v. United States | Sixth Circuit | 2023-06-20 | Denied | Response WaivedIFP | chapter-four criminal-history criminal-law due-process federal-sentencing-guidelines recidivism recidivist-enhancement relevant-conduct sentencing sentencing-guidelines statutory-interpretation united-states-sentencing-commission | Do the relevant conduct principles of USSG § 1B1.3 govern application of Chapter Four recidivist enhancements? |
| 22-7498 | Joel Armando Rodriguez v. United States | Fourth Circuit | 2023-05-09 | Denied | Response WaivedIFP | cooperating-defendants cooperating-witnesses criminal-procedure drug-weight fourth-circuit methamphetamine offense-level plea-bargaining relevant-conduct sentencing-guidelines | WHETHER THE DISTRICT COURT IMPROPERLY EXPANDED GUIDELINE § 1B1.3 BY INCLUDING AS RELEVANT DRUG WEIGHT UNCORROBORATED STATEMENTS OF TWO COOPERATING DEF… |
| 22-6264 | Randall Eddie Mellon v. United States | Eleventh Circuit | 2022-12-09 | Denied | IFP | administrative-law agency-deference auer-deference circuit-split judicial-review relevant-conduct seminole-rock-deference sentencing-guidelines statutory-interpretation | In Stinson v. United States, 508 U.S. 36 (1998), this Court held that Seminole Rock deference, now Auer deference, applies to interpretive or explanat… |
| 22-6255 | Deonte Courtez Gates v. United States | Sixth Circuit | 2022-12-08 | Denied | Response WaivedIFP | blakely-v-washington circuit-court-conflict constitutional-interpretation eighth-amendment federal-law juvenile-defendant relevant-conduct sentencing-guidelines | L. Whether the relevant conduct sentencing guideline is unconstitutional under the Eighth Amendment as applied to conduct committed by a juvenile defe… |
| 22-5730 | Quincy Campbell v. United States | Seventh Circuit | 2022-10-03 | Denied | Response WaivedIFP | appellate-review burden-of-proof coconspirator-testimony criminal-procedure due-process judicial-error relevant-conduct sentencing sentencing-guidelines | I. Whether the district court erred by sentencing the Defendant to one twenty (120) months in light of the circumstances of the case ? II. Whether th… |
| 22-5421 | Henry Wilke Eilders v. United States | Eighth Circuit | 2022-08-22 | Denied | Response WaivedIFP | conspiracy criminal-history drug-conspiracy drug-offenses federal-sentencing-guidelines methamphetamine methamphetamine-distribution relevant-conduct sentencing sentencing-enhancement sentencing-guidelines | 1. Whether Petitioner's prior methamphetamine related convictions occurring within two years of the conspiracy for distributing methamphetamine should… |
| 22-5338 | Chikosi Legins v. United States | Fourth Circuit | 2022-08-11 | Denied | Response WaivedIFP | 18-usc-1001 apprendi apprendi-rule criminal-law criminal-procedure evidence false-statement relevant-conduct sentencing sentencing-enhancement statutory-maximum sufficiency | I. Whether the evidence was sufficient to support the conviction under 18 U.S.C. 1001. II. Whether the defendant was improperly subjected to an enhan… |
| 21-7769 | Lonnell Tucker v. United States | District of Columbia | 2022-05-04 | Denied | Amici (1)Response WaivedIFP | appellate-review base-offense-level circuit-split drug-quantity narcotics-prosecution relevant-conduct sentencing-guidelines standard-of-review | Whether the Court should resolve the circuit conflict by requiring de novo review for contested methodologies used to determine Base Offense Levels in… |
| 21-1418 | Medardo Queg Santos v. United States | Eleventh Circuit | 2022-05-04 | GVR | Response RequestedRelisted (2) | controlled-substances expert-testimony good-faith good-faith-defense medical-practice medical-purpose relevant-conduct sentencing sentencing-guidelines | 1. If a physician's good faith is a complete defense to a prosecution for prescribing controlled substances without a legitimate medical purpose or ou… |
| 21-6888 | Ryan Kenneth Richmond, aka Rich v. United States | Fourth Circuit | 2022-01-18 | Denied | Response WaivedIFP | appeal-waiver appellate-review attempted-murder criminal-defendant criminal-procedure plea-agreement relevant-conduct sentencing-guidelines | I. DOES A CRIMINAL DEFENDANT'S WAIVER OF HIS RIGHT TO APPEAL A WITHIN GUIDELINE'S SENTENCE BAR APPELLATE REVIEW WHERE THE DISTRICT COURT USED A CROSS … |
| 21-6182 | Erick Argueta Larios v. United States | First Circuit | 2021-11-04 | Denied | Response WaivedIFP | clear-and-convincing-evidence criminal-procedure due-process federal-district-court relevant-conduct sentencing sentencing-enhancement | Whether a federal district court may use relevant conduct not proven by clear and convincing evidence to disproportionately raise a defendant's senten… |
| 21-6148 | Lonnie Earl Parlor v. United States | Ninth Circuit | 2021-11-02 | Denied | Response WaivedIFP | criminal-sentencing drug-trafficking enhancement-factors firearm-possession firearms relevant-conduct sentencing-guidelines specific-offense-characteristics statutory-maximum uncharged-conduct | This case presents unsettled and important questions related to the scope and application of "relevant conduct" to prove specific offense characterist… |
| 21-633 | Gustavo Placancia-Rosendo v. United States | Fifth Circuit | 2021-10-29 | Denied | Response Waived | acceptance-of-responsibility burden-of-proof criminal-procedure due-process plea-agreement relevant-conduct sentencing standard-of-proof | A defendant who pleads guilty will face a presentence investigation report, the results of which will guide the District Court in affixing sentence. A… |
| 21-5985 | DeCarlos Titington v. United States | Sixth Circuit | 2021-10-15 | Denied | Response WaivedIFP | concurrent-sentences constitutional-rights criminal-sentencing discharged-sentences due-process equal-protection relevant-conduct sentencing-guidelines undischarged-sentences | The federal Sentencing Guidelines treat discharged and undischarged sentences based on conduct relevant to a case before the court for sentencing diff… |
| 21-5518 | John Perez v. United States | Fifth Circuit | 2021-08-30 | Denied | Response WaivedIFP | atascosa-county base-offense-level criminal-procedure drug-distribution drug-quantity mass-marketing relevant-conduct sentencing-enhancement sentencing-guidelines traffic-stop | I. Was it improper for the Court to find the base offense level was 34 because Mr. Perez should only have been held accountable for the 15 pounds of "… |
| 20-8400 | Daryl Wendell Barley v. United States | Fourth Circuit | 2021-06-24 | Denied | Response WaivedIFP | clear-and-convincing-evidence criminal-procedure effective-assistance-of-counsel evidence-standard first-step-act preponderance-of-evidence relevant-conduct sec-404 sentencing-reduction sixth-amendment | 1. Whether the "clear and convincing evidence standard" should be used instead of the "preponderance of evidence standard" when determining the releva… |
| 20-8002 | Jason Andrew Cavazos v. United States | Fifth Circuit | 2021-05-12 | Denied | Response WaivedIFP | appellate-review criminal-sentencing plain-error relevant-conduct sex-offense u.s.s.g.-§2g1.3(b)(4) | Whether the court of appeals failed to properly apply the plain error analysis to the question of whether the sentencing court erred by including a tw… |
| 20-1565 | Michael Ryan Mitchan v. United States | Fifth Circuit | 2021-05-11 | Denied | Response Waived | confrontation-clause criminal-procedure due-process hearsay hearsay-evidence relevant-conduct sentencing-guidelines | 1. Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are … |
| 20-7475 | Corry Jessie v. United States | Fifth Circuit | 2021-03-17 | Denied | Response WaivedIFP | conviction enhancement extraneous-offense felony relevant-conduct sentencing-guidelines | I. Did the district court err when it applied a 4- level enhancement for "in connection with another felony offense" based on a finding that a prior, … |
| 20-7177 | Sandra Doyle v. United States | Fifth Circuit | 2021-02-19 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process post-arrest-interview prosecutorial-discretion relevant-conduct safety-valve sentencing witness-testimony | 1. Is it a denial of due process to sentence petitioner to additional imprisonment based on a finding that she lied or minimized in her safety-valve i… |
| 20-6655 | Alonso Sanchez Ochoa v. United States | Fifth Circuit | 2020-12-21 | Denied | Response WaivedIFP | consecutive-sentence criminal-sentencing defense-counsel district-court pre-sentence-report probation-officer relevant-conduct sentencing | 1. Is it reasonable for a District court to order a consecutive sentence despite an agreement among Probation Officer, Pre-Sentence Report Addendum, a… |
| 20-5910 | Robert Coleman v. United States | Fifth Circuit | 2020-10-05 | Denied | Response WaivedIFP | civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment relevant-conduct sentencing sentencing-enhancement statutory-interpretation | 1. What Conateude celevank Conduck 2° Ad. \Nhen does teledant Conduck become Celevant Conduct do dhe inslant S¥Sense oF conuicheon Yo be used to enha… |
| 20-5894 | Jorge Eduardo Nava v. United States | Fifth Circuit | 2020-10-02 | Denied | Response WaivedIFP | criminal-liability criminal-sentencing due-process fifth-amendment preponderance-of-evidence relevant-conduct sentencing-guidelines standard-of-proof unrelated-offense | Nava's federal Guideline sentencing range for his cocaine convictions was increased by 11 to 16 years' imprisonment based on the judge's finding by on… |
| 20-5890 | Willie R. Benton, Jr. v. United States | Sixth Circuit | 2020-10-02 | Denied | Response WaivedIFP | criminal-procedure drug-conspiracy due-process mistake-of-fact relevant-conduct sentencing sixth-circuit | Is a criminal defendant denied Due Process of Law when the sentencing Court in a drug conspiracy case determines that a quantity of a substance should… |
| 20-5759 | Charles C. Williamson v. United States | Fourth Circuit | 2020-09-18 | Denied | Response WaivedIFP | accomplice-liability criminal-procedure drug-quantity drug-weight judicial-interpretation relevant-conduct sentencing-guidelines standard-of-review statutory-interpretation | WHETHER THE DISTRICT COURT AND CIRCUIT COURT MISINTERPRETED AND MISAPPLIED THE "RELEVANT CONDUCT" PROVISIONS OF UNITED STATES SENTENCING COMMISSION, G… |
| 20-5540 | Ugunda Giovanni Sanders v. United States | Sixth Circuit | 2020-08-31 | Denied | Response WaivedIFP | conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct | The Government charged Sanders with a conspiracy taking place on June 28, 2017. When Sanders pled guilty the Government reserved the right to charge h… |
| 20-133 | Joseph Michael Diaz v. United States | Eleventh Circuit | 2020-08-07 | Denied | Response Waived | child-pornography criminal-appeal eleventh-circuit evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal relevant-conduct sentencing-guidelines sexual-contact | Whether the Eleventh Circuit Court of Appeals erred in holding that counsel was not ineffective assistance for failing to object to the application of… |
| 19-1407 | Mercy O. Ainabe v. United States | Fifth Circuit | 2020-06-24 | Denied | Response Waived | corporate-entities health-care-claims health-care-fraud loss-calculation medicare medicare-fraud relevant-conduct sentencing-guidelines victim-definition | (1) Whether the Medicare beneficiaries whose health care treatments form the basis of fraudulent Medicare claims fit the definition of "victims" for p… |
| 19-7557 | Lance Yarbough v. United States | Third Circuit | 2020-02-05 | Denied | Response WaivedIFP | criminal-activity double-jeopardy drug-conspiracy jointly-undertaken-criminal-activity relevant-conduct sentencing statutory-minimum substantive-offenses successive-prosecution | 1. Where a prosecution for drug conspiracy under 21 U.S.C. §846 is successive to separate sentences for substantive offenses that are included in the … |
| 19-7430 | Richard L. Bryant v. United States | Fourth Circuit | 2020-01-27 | Denied | Response WaivedIFP | alleyne apprendi apprendi-alleyne apprendi-alleyne-rule drug-distribution-conspiracy fair-sentencing-act fair-sentencing-act-2010 first-step-act first-step-act-2018 relevant-conduct retroactive-sentencing sentencing-reduction statutory-ranges | 1. Whether a Defendant convicted by a jury of a drug distribution conspiracy involving multiple controlled substances, whose sentence has never been r… |
| 19-6619 | Genesis Lee Whitted v. United States | Fourth Circuit | 2019-11-13 | Denied | Response WaivedIFP | base-offense-level criminal-procedure drug-quantity drug-weight fourth-circuit indictment relevant-conduct sentencing-guidelines sentencing-guidelines-1b1.3 time-interval | WHETHER THE DISTRICT COURT IMPROPERLY EXPANDED GUIDELINE § 1B1.3 BY INCLUDING DRUG AMOUNTS ASSOCIATED WITH CONDUCT OCCURRING SIGNIFICANTLY OUTSIDE THE… |
| 18-8079 | Christopher Loran Bentley v. United States | Eleventh Circuit | 2019-02-22 | Denied | Response WaivedIFP | abuse-of-discretion acceptance-of-responsibility criminal-sentencing judicial-discretion notice-requirement relevant-conduct sentencing-guidelines sentencing-reasonableness statutory-maximum substantive-reasonableness upward-departure | 1. WHETHER THE DISTRICT COURT ERRED IN SENTENCING MR. BENTLEY TO A STATUTORY MAXIMUM OF 120 MONTHS IN THAT SUCH SENTENCE WAS GREATER THAN NECESSARY TO… |
| 18-7978 | Raymond Amerson v. United States | Eighth Circuit | 2019-02-14 | Denied | Response WaivedIFP | all-writs-act audita-querela clarification criminal-procedure jurisdictional-review relevant-conduct sentencing-guidelines united-states-v-morgan | Whether an ALL WRITS ACT Petition pursuant to 28 U.S.C. § 1651 (Audita Querela) fills the GAP where a Defendant [does not] have no other appropriate v… |
| 18-7084 | Anthony Steven Young v. United States | Sixth Circuit | 2018-12-18 | Denied | Response WaivedIFP | abuse-of-discretion child-pornography close-scrutiny criminal-sentencing district-court-discretion internet-access relevant-conduct sentencing sentencing-guidelines standard-of-review ussg-2g2.2 | 1. What standard of review applies to the district court's decision to use the guideline for receiving or distributing child pornography to sentence … |
| 18-6900 | Jacob Scott Watters v. United States | Eighth Circuit | 2018-12-07 | Denied | Response WaivedIFP | child-pornography commerce-clause constitutional-limits criminal-law predicate-offense relevant-conduct sentencing-guidelines statutory-interpretation unconstitutional-law visual-depictions | As written, and by the actual language used in the Statute, is 18 U.S.C. §2251(a) in excess of Congress' Powers under the Commerce Clause to. regulate… |
| 18-6518 | Gregory Crum v. United States | Fourth Circuit | 2018-10-31 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure district-court-discretion drug-crimes drug-offense drug-offenses foreign-origin leadership-enhancement methamphetamine relevant-conduct sentencing sentencing-guidelines standard-of-review | I. Whether the district court abused its discretion in determining relevant conduct. 2; Whether Greg Crum should receive a leadership enhancement. 3… |
| 18-6389 | Anthony Lomax v. United States | Seventh Circuit | 2018-10-19 | Denied | Response WaivedIFP | attempted-murder buyer-seller career-offender conspiracy crime-of-violence criminal-history drug-quantity heroin-attribution relevant-conduct sentencing sentencing-guidelines | I. Despite the dismissal of Anthony Lomax's conspiracy charge, during sentencing the district court assigned 16.8 kilograms of heroin to him. While a … |
| 18-5917 | John Doe v. United States | Third Circuit | 2018-09-07 | Denied | Response WaivedIFP | appellate-review connected-conduct criminal-procedure federal-offense nexus obstruction obstructive-act reckless-endangerment relevant-conduct sentencing-guidelines | Whether the Court of Appeals erred by affirming the judgment of the District Court, which incorrectly applied the Sentencing Guidelines when it impose… |
| 18-5388 | Albert William Roberts, III v. United States | Eighth Circuit | 2018-07-30 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-procedure double-jeopardy-clause due-process relevant-conduct sentencing sixth-amendment united-states-v-watts watts-precedent | Question Number One: We hold that an acquitted count that incorporates all of the succeeding counts of an indictment retains its acquitted status whe… |
| 18-5121 | Leslie Dominic Musgrove v. United States | Fourth Circuit | 2018-07-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquitted-conduct drug-quantity due-process jury-verdict nelson-v-colorado preponderance-of-evidence preponderance-of-the-evidence relevant-conduct sentencing sixth-amendment | Question # 1 Whether it is a Sixth Amendment and Due Process violation for a judge at sentencing to attribute acquitted and relevant conduct by a pr… |