sentencing-considerations

7 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-7364 Jorge Galindo v. Nebraska Nebraska 2024-05-02 Denied Relisted (2)IFP capital-punishment death-penalty eddings-v-oklahoma ineffective-assistance lockett-v-ohio mitigation sentencing-considerations supreme-court-precedent tennard-v-dretke youth youth-mitigation 1. May a state categorically exclude youth as a mitigating factor in a capital case? 2. Must a state court follow this Court's jurisprudence of Locke…
23-7265 Nicholas Stewart Hines v. South Dakota South Dakota 2024-04-19 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-considerations sixth-amendment 1.) WHETHER THE SIXTH AND FOURTEENTH AMENDMENTS PERMIT GREATER INCLUDED OFFENSES AND CONDUCT THAT HAS BEEN ACQUITTED BY A JURY, OR DISMISSED PURSUANT …
21-5030 Jonathan Mark Brinda v. United States Sixth Circuit 2021-07-07 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a criminal-sentencing district-court-discretion due-process excessive-sentence sentencing sentencing-considerations statutory-considerations statutory-interpretation supervised-release A. AFTER DETERMINING MR. BRINDA HAD VIOLATED THE TERMS OF HIS SUPERVISED RELEASE, THE DISTRICT COURT ERRED BY SENTENCING MR. BRINDA EXCESSIVELY BASED …
19-6502 Cory Dale Fields v. United States Fifth Circuit 2019-11-06 Denied IFP criminal-procedure due-process federal-district-court federal-sentencing grand-jury no-bill prior-conduct reliability reliability-of-evidence reliability-standard sentencing sentencing-considerations uncharged-conduct Is alleged prior uncharged conduct that had been no-billed by a Grand Jury sufficiently reliable for a federal district court to consider at sentencin…
18-8328 Maritza Burgueno-Gonzalez v. United States Ninth Circuit 2019-03-07 Denied Response WaivedIFP 18-usc-3553(a) 18-USC-3553a criminal-procedure criminal-sentencing district-court district-court-discretion federal-sentencing sentencing-considerations sentencing-disparities smuggling smuggling-scheme unwarranted-sentences 1. Whether the district court violated 18 U.S.C. § 3553(a)'s rule that a district court must consider unwarranted sentencing disparities when it refus…
18-6347 Adam Brake v. United States First Circuit 2018-10-16 Denied Response WaivedIFP burglary criminal-procedure criminal-sentencing double-counting firearm-enhancement firearm-theft guideline-enhancements guideline-range sentencing-considerations sentencing-guidelines stolen-firearm u.s.s.g-2k2.1 Whether the district court erred when, based on impermissible double counting, it incorrectly applied a higher guideline range. In calculating Petitio…
18-5276 William Clark v. United States District of Columbia 2018-07-19 Denied Response WaivedIFP age-of-majority age-of-maturity brain-development criminal-procedure cruel-and-unusual-punishment eighth-amendment equal-protection juvenile-justice montgomery-line sentencing sentencing-considerations Whether the Montgomery Line of decisions apply to those under 18-years-old? Whether the Equal Protection clause is violated where other courts have a…