| 25-6796 |
Carlos Martinez v. California |
California |
2026-02-12 |
Pending |
IFP |
california-law constitutional-rights criminal-law judicial-interpretation resentencing sentencing-discretion |
Whether or not vwsf te * j
w heVh tr net f Ae s'^.rioi/s h>w <JC A v
^5 'A. jjirvK^, f cdM^cdVon fh<ff Q&pofe$ F&l'* bi&Trt&r
i~o a. ter-rn <?r b bt … |
| 25-6324 |
Craig Edward Hunnicutt, Jr. v. United States |
Sixth Circuit |
2025-12-09 |
Denied |
Response WaivedIFP |
criminal-procedure factual-findings self-defense sentencing-discretion sixth-circuit supervised-release |
I. Whether the Sixth Circuit decision affirming Mr. Hunnicutt's supervised release violation and new law convictions, improperly upheld the clearly er… |
| 25-200 |
Kevin Salvador Golphin v. North Carolina |
North Carolina |
2025-08-19 |
Denied |
Response Waived |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing life-without-parole sentencing-discretion |
Whether North Carolina, in conflict with this Court's precedents and those of other states, has violated the Eighth Amendment by creating a de facto m… |
| 25-5341 |
Kenneth Jeremy Laird v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2025-08-13 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure eighth-amendment juvenile-sentencing sentencing-discretion supreme-court-precedent |
In 1994, an Arizona judge sentenced Mr. Laird to death for a murder conviction and a total of 129 years in prison for 13 other nonhomicide crimes. Mr.… |
| 25-5003 |
Eric Richard Garza v. United States |
Fifth Circuit |
2025-07-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-conviction de-novo-resentencing fifth-circuit-interpretation mandate-rule sentencing-discretion |
Did the Fifth Circuit misapply its restrictive interpretation of the mandate rule which does not permit de novo resentencing, but limits to resentenci… |
| 24-1255 |
Malcom Anwar Williams v. United States |
Eleventh Circuit |
2025-06-09 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
18-usc-3582 compassionate-release criminal-history rehabilitation-evidence sentence-reduction sentencing-discretion |
When a federal inmate files a motion for reduction of sentence or compassionate release pursuant to 18 U.S.C. § 3582 (c)(1)(A), the district court mus… |
| 24-6652 |
David R. Kitchen v. United States |
Fourth Circuit |
2025-02-26 |
Denied |
Response WaivedIFP |
criminal-procedure fourth-circuit home-detention judicial-review sentencing-discretion supervised-release |
I. Whether the Fourth Circuit erred by affirming the District
Court's discretion in sentencing Mr. Kitchen to six (6) months of
home detention for a s… |
| 24-6536 |
Craig Bassett v. Florida |
Florida |
2025-02-11 |
Denied |
Response WaivedIFP |
due-process habeas-corpus jury-instructions sentencing-discretion separation-of-powers sixth-amendment |
1. Did Justice Gorsuch's dissenting opinion in Cunningham v. Florida establish a new precedent that requires retroactive application, or is it a remin… |
| 24-5934 |
Richard Balter v. United States |
Third Circuit |
2024-11-07 |
Denied |
Response WaivedIFP |
compassionate-release constitutional-review judicial-discretion pre-booker-sentencing sentencing-discretion united-states-sentencing-commission |
Whether a District Court has the Discretion to Decline to Follow the United States Sentencing Commission's Policy Statement U. S. S. G. 1B1.13(b)(6), … |
| 24-5891 |
Kimberly Cannon v. Florida |
Florida |
2024-11-01 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fundamental-error judicial-discretion probation-violation sentencing-discretion |
Is it fundamental error for a trial court to consider a subsequent offence without arrest or conviction is fashioning a sentence for a violation of pr… |
| 24A345 |
Ronald Robinson v. United States |
Eighth Circuit |
2024-10-11 |
Presumed Complete |
|
18-usc-3553a criminal-history eighth-circuit mitigating-factors sentencing-discretion sentencing-guidelines |
Question not identified. |
| 24-391 |
Felipe Petrone-Cabanas v. Arizona |
Arizona |
2024-10-08 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
criminal-procedure jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion |
Whether juveniles may be sentenced to life without parole under a system that did not afford the sentencing court discretion to choose any lesser opti… |
| 24-5630 |
Ernie Sacoman v. David Cole, Warden |
Tenth Circuit |
2024-09-25 |
Denied |
Relisted (2)IFP |
correctional-facility criminal-procedure good-time-credits habeas-corpus parole-modification sentencing-discretion |
(1.) CAN A COURT OF CORRECTIONAL FACILITY CHANGE PETITIONER'S PAROLE FROM 3/-2/-10 (D) 1ST DEGREE FELONY AND WHO HAS SERVED THE SENTENCE OF IMPRISONME… |
| 24-5456 |
Robert Paul Durrell v. United States |
Sixth Circuit |
2024-09-04 |
GVR |
Relisted (2)IFP |
circuit-split criminal-procedure sentencing-discretion sentencing-factors statutory-interpretation supervised-release |
The supervised-release statute, 18 U.S.C. § 3583(e), lists factors from 18 U.S.C. § 3553(a) for a court to consider when sentencing a person for viola… |
| 24-5401 |
Whitney Leigh Estep v. United States |
Fourth Circuit |
2024-08-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure fifth-amendment fourth-circuit sentencing-discretion witness-testimony |
A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MS. ESTEP'S ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY ALLOWING TH… |
| 24-5248 |
Jason Wade Grant v. United States |
Fifth Circuit |
2024-08-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process individualized-sentencing mitigating-factors sentencing-discretion |
If £olv\ cx ^u/nYV^ W. oc^VvA, i V -W'-e_ cfteC :ewc5L<x,vc\~
OWxV -Hv^aj CL-t-e ^lClaWm o-P ljlvv -Hv
-Hv€_ -s>€w.Vev\cL-e__ Is proAoaiAced
2.. C<sw… |
| 24-55 |
Montana v. Robert Murray Gibbons |
Montana |
2024-07-18 |
Denied |
|
eighth-amendment excessive-fines-clause financial-burden financial-circumstances mandatory-fine mandatory-fines proportionality proportionality-factors sentencing sentencing-discretion |
Whether the Excessive Fines Clause requires the sentencing judge to consider a defendant's personal financial circumstances and the nature of the burd… |
| 23-7762 |
Christopher McPherson v. United States |
Fourth Circuit |
2024-06-20 |
Denied |
Response WaivedIFP |
criminal-procedure-appeal drug-trafficking felon-in-possession firearm-possession fourth-circuit-review plain-error-standard rehaif-test sentencing sentencing-discretion sufficiency-of-evidence |
I. Whether the Fourth Circuit erred by failing to reverse the
conviction on Count V of the Superseding Indictment - Possession of
a Firearm in Further… |
| 23-7639 |
Louis C. Bouie v. Pennsylvania Department of Corrections |
Pennsylvania |
2024-06-05 |
Denied |
Relisted (2)IFP |
drug-treatment-program due-process ex-post-facto executive-branch judicial-review sentencing-discretion separation-of-powers stare-decisis statutory-construction |
Did the Pennsylvania High Court unconstitutionally permit the statutory construct at 61 Pa.C.S.A. § 4105 to grant the executive branch carte blanche s… |
| 23-7565 |
Juan Aguiera-Guzman v. United States |
Ninth Circuit |
2024-05-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-sentencing judicial-reasoning mitigation-arguments plain-error sentencing sentencing-discretion silent-record |
Does the holding in Molina -Martinez apply to non -Guidelines calculation sentencing errors, such as the clear Rule 32 violation here? If not, how doe… |
| 23-7328 |
Leslie Hood v. United States |
Ninth Circuit |
2024-04-29 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment employment probation-requirements sentencing sentencing-discretion supervision supervision-conditions |
1. Was the district court's imposition of supervision conditions requiring Mr. Hood to obtain some form of work/employment violated the Eighth Amendme… |
| 23-7133 |
Garry Hines v. United States |
Fourth Circuit |
2024-04-03 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility appellate-review criminal-appeal criminal-sentencing due-process fourth-circuit sentencing-discretion sentencing-guidelines statutory-maximum |
1. Whether the Fourth Circuit erred when determining that Petitioner's Sentence which exceeded the statutory maximum was proper and reasonable
2. Whe… |
| 23-6722 |
Jeffrey Holland v. United States |
Third Circuit |
2024-02-12 |
Denied |
Response WaivedIFP |
crack-cocaine criminal-sentencing due-process fair-trial first-step-act jury-trial sentence-enhancement sentencing-discretion sentencing-enhancements trial-transcript |
In Concepcion v. United States , 597 U.S. 481, 142 S. Ct. 2389, 2404 213 L. Ed. 2d 731 (2022), this Court held that the First Step Act "allows distric… |
| 23-6707 |
Sean Robert Wathen v. United States |
Ninth Circuit |
2024-02-08 |
Denied |
Response WaivedIFP |
criminal-procedure dangerous-weapon district-court drug-offense enhancement factual-findings findings-of-fact sentencing sentencing-discretion sentencing-guidelines u.s.s.g-2d1.1(b)(1) weapon-enhancement |
1. Is the sentencing court required to make specific findings of fact, supported by the record, that a defendant possessed a dangerous weapon in conne… |
| 23-830 |
Lonnie Allen Bassett v. Arizona |
Arizona |
2024-02-02 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (5) |
criminal-procedure eighth-amendment juvenile-sentencing life-without-parole mandatory-sentencing miller-v-alabama montgomery-v-louisiana sentencing-discretion |
Whether the Eighth Amendment permits a juvenile to be sentenced to life without parole under a system that did not afford the sentencing court discret… |
| 23-6632 |
Jasen Randhawa v. Wisconsin |
Wisconsin |
2024-01-31 |
Denied |
Response WaivedIFP |
constitutional constitutional-rights criminal-procedure deterrence due-process general-deterrence sentencing sentencing-discretion social-science social-science-evidence |
I. Does a court violate a defendant's right to due process when a lengthy sentence is based upon mistaken information that a severe sentence will dete… |
| 23-6600 |
Richard Daniel v. United States |
Eleventh Circuit |
2024-01-29 |
Denied |
Response WaivedIFP |
circuit-split covered-offense discretionary-sentencing fair-sentencing-act first-step-act sentencing-discretion sentencing-package-doctrine sentencing-reduction |
Where a defendant was sentenced for multiple offenses, some of which are now covered by § 404 of the First Step Act while others are not covered, does… |
| 23-6592 |
Bernardito Carvajal, aka Christian Mendez-Acevedo v. United States |
First Circuit |
2024-01-26 |
Denied |
Response WaivedIFP |
acquittal constitutional-rights criminal-procedure due-process judicial-review jury-verdict sentencing sentencing-discretion unreasonable-sentence |
May a sentencing judge disregard the jury's verdict acquitting the defendant of causing the decedent's death and use facts the jury rejected to justif… |
| 23-6454 |
Darwin Dwayne Hutchins v. United States |
Sixth Circuit |
2024-01-10 |
Denied |
Response WaivedIFP |
career-offender cocaine-definition controlled-substance federal-vs-state-law non-violent-drug-crimes sentence-length sentencing-discretion sentencing-guidelines state-federal-definition |
1. Did the district court err when it counted Hutchins's
Ohio cocaine conviction as a controlled substance
offense to make him a career offender under… |
| 23-6418 |
Harvey Holland v. United States |
Third Circuit |
2024-01-05 |
Denied |
Response WaivedIFP |
due-process fair-sentencing-act first-step-act jury-trial murder-cross-reference sentencing-discretion |
A long standing and durable tradition for federal sentencing in this nation is that judges have broad discretion in the kind of information and source… |
| 23-6403 |
Tony L. Ford v. United States |
Eleventh Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
concepcion-precedent concepcion-v-united-states criminal-resentencing eleventh-circuit eleventh-circuit-interpretation fair-sentencing-act first-step-act intervening-law-changes sentencing sentencing-discretion statutory-penalty |
Previously, the courts of appeals were divided over whether a district court could consider intervening changes to the law during First Step Act proce… |
| 23A475 |
Lonnie Allen Bassett v. Arizona |
Arizona |
2023-11-28 |
Presumed Complete |
|
eighth-amendment juvenile-offender life-without-parole miller-retroactivity post-conviction-relief sentencing-discretion |
Question not identified. |
| 23-5222 |
Mustafa Ali v. Jeffrey Minehart, Judge, et al. |
Pennsylvania |
2023-07-27 |
Denied |
IFP |
abuse-of-discretion constitutional-provisions due-process habeas-corpus pcra-petition post-conviction-relief sentencing-discretion state-court-procedure statutory-interpretation statutory-maximum void-for-vagueness |
1. Whether the PCRA Court abused its discretion in failing to convert Petitioner's State Habeas Petition into a PCRA Petition?
2. Whether the Trial C… |
| 22-7802 |
James B. Norris, Jr. v. United States |
Eighth Circuit |
2023-06-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review circuit-split criminal-procedure due-process internet-access judicial-explanation pro-se-motion revocation-hearing sentencing sentencing-discretion supervised-release |
Whether the Eighth Circuit erred – contrary to the holdings of the Second, Fourth, Seventh, Ninth, Eleventh, and D.C. Circuit Courts of Appeals, which… |
| 22-7783 |
Pinkney Clowers, III v. United States |
Eleventh Circuit |
2023-06-14 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi circuit-split concepcion-v-united-states criminal-enterprise drug-quantity fair-sentencing-act first-step-act sentencing-discretion statutory-interpretation terry-v-united-states |
When a jury convicted Pinkney Clowers of continuing a criminal enterprise, 21 U.S.C. § 484(b) mandated a life sentence because his offense involved at… |
| 22-7769 |
Tyrone Desante Morant v. Bill Stange, Warden |
Missouri |
2023-06-13 |
Denied |
Response RequestedRelisted (3)IFP |
14th-amendment 6th-amendment 8th-amendment consecutive-sentences constitutional-rights eighth-amendment juvenile-sentencing mandatory-life-sentence miller-v-alabama sentencing-discretion |
Missouri's former first-degree murder statute, Section 565.020, RSMo, mandated a sentence of life without parole for any offender who committed the of… |
| 22-7735 |
Vivian R. Woodstock v. Florida |
Florida |
2023-06-08 |
Denied |
IFP |
constitutional-violation due-process equal-protection resentencing restitution sentencing sentencing-discretion |
Whether a court may impose a harsher sentence upon resentencing after it was determined the initial sentence violated equal protection and due process… |
| 22-7451 |
Bennie C. Rivera v. United States |
Eleventh Circuit |
2023-05-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-justice criminal-procedure fair-sentence-act first-step-act judicial-discretion judicial-review motion-denial sentencing sentencing-discretion statutory-interpretation |
DID JUDGE JOHN ANTON II, UNITED STATES DISTRICT COURT JUDGE ABUSE HIS DISCRETION WHEN HE DENIED THE PETITIONER'S MOTION IN PURSUANT TO THE FIRST STEP … |
| 22-7121 |
Christopher Barret v. United States |
Second Circuit |
2023-03-27 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure de-novo-resentencing de-novo-review direct-appeal resentencing sentencing sentencing-discretion vacatur |
1. Whether, following the vacatur of one or more counts, either pursuant to a direct appeal or a 28 U.S.C. § 2255 motion, a district court must conduc… |
| 22-783 |
Victor J. Orena v. United States |
Second Circuit |
2023-02-17 |
Denied |
Response Waived |
18-usc-3553 18-usc-3582 concepcion-v-united-states district-court-authority extraordinary-and-compelling-circumstances extraordinary-circumstances first-step-act sentence-reduction sentencing sentencing-discretion statutory-interpretation |
In Concepcion v. United States, — U.S. -, 142 S. Ct. 2389, 2404 213 L. Ed. 2d 731 (June 27, 2022), this Court held that the First Step Act "allows dis… |
| 22-6704 |
Angel Vazquez-Figueroa v. United States |
First Circuit |
2023-02-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure individualized-assessment judicial-discretion plain-error plain-error-review plea-agreement section-3553a-factors sentencing sentencing-discretion |
Question not identified. |
| 22-6564 |
Sohiel Omar Kabir v. United States |
Ninth Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
circuit-split co-conspirator control-over-co-participants criminal-enhancement leader-organizer-enhancement leader-role ninth-circuit second-fourth-sixth-eleventh-dc-circuits sentencing-discretion sentencing-guidelines |
Does the aggravating role enhancement for "leader[s]" or "organizer[s]"
of concerted criminal activity in section 3B1.1(c) of the United States
Senten… |
| 22-6545 |
Kamil Hakeem Johnson v. R. M. Wolfe, Warden |
Fourth Circuit |
2023-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process habeas-corpus jurisdiction jurisdictional-challenge sentencing-discretion sentencing-options statutory-interpretation |
THE DISTRICT COURT WAS WITHOUT JURISDICTION TO IMPOSE A "TERM OF YEARS" SENTENCE WHEN THE STATUTE CONTAINED ONLY TWO SENTENCING OPTIONS, DEATH, OR LIF… |
| 22-6431 |
Philip Johnson v. Illinois |
Illinois |
2022-12-30 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights eighth-amendment guilty-plea juvenile-justice juvenile-sentencing miller-factors miller-v-alabama plea-bargaining proportionate-penalties sentencing sentencing-discretion |
(1) Whether a pre-Miller guilty plea bars a post-Miller sentencing challenge under the Eighth Amendment.
(2) Whether the sentencing process mandated … |
| 22-6214 |
Timothy Robert Gallion v. United States |
Fourth Circuit |
2022-12-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit sentence-credit sentencing-credit sentencing-discretion sentencing-guidelines supervised-release |
A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DISMISSING MR. GALLION'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERR… |
| 22-6027 |
Cedric Joseph Rue, Jr. v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry |
Ninth Circuit |
2022-11-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure eighth-amendment eighth-amendment-interpretation juvenile-offender juvenile-sentencing life-without-parole mandatory-sentencing parole-abolition sentencing-discretion |
When a state abolishes its parole system, does it create a mandatory life-without-parole sentence that, when imposed on a juvenile homicide offender, … |
| 22-5962 |
Marquis Donte Brown v. United States |
Ninth Circuit |
2022-11-01 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process judicial-review post-booker-hearing safety-valve sentencing-discretion sentencing-guidelines statutory-interpretation |
1. WHETHER THE DISTRIC T COURT ERRED BY IMPOSING AN
UNLAW FUL SEN TENCE CONTRARY TO THE MANDATES OF § 3553(a)
AND §3553(f)(5) WHICH PRECLUDE USE OF IN… |
| 22-5936 |
Demetrius Troy Bradley v. Michigan |
Michigan |
2022-10-31 |
Denied |
IFP |
acquitted-conduct constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial jury-trial-rights sentencing sentencing-discretion sixth-amendment |
1. Do the jury-trial and due process guarantees of the Sixth and Fourteenth Amendments prohibit judges from considering, at sentencing in a criminal c… |
| 22-5673 |
Juan Amaya Lozano v. Fredrick Entzel, Warden |
Eighth Circuit |
2022-09-26 |
Denied |
IFP |
abuse-of-discretion criminal-procedure due-process effective-assistance-of-counsel interpreter-rights limited-english-proficiency sentencing sentencing-discretion sixth-amendment |
1) Whether the District Court abused it's discretion after ruling that Juan Lozano, (a limited English Proficiency defendant), required a Spanish Inte… |
| 22-5354 |
Ricardo L. Noble v. Pennsylvania |
Pennsylvania |
2022-08-18 |
Denied |
IFP |
civil-rights constitutional-rights due-process evidence juvenile-justice juvenile-sentencing miller-rule rehabilitation sentencing sentencing-discretion |
The facts, issues, and eudeace relates to Lace A Juvenile Lifec*s DecertiFitarion(Jrunstec) deescrou ace celévaatto Said Juvenile Likees re sentencing… |
| 22-5348 |
Clarence Lee v. United States |
Fifth Circuit |
2022-08-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion civil-procedure criminal-procedure due-process judicial-bias judicial-recusal motion-hearing prosecutorial-agreement recusal sentencing sentencing-discretion standing |
1) Whether the district court erred by denying defense counsel's oral motion for recusal of the district judge.
2) Whether the district court erred b… |
| 22-5253 |
Dennis Charles Helmer v. United States |
Eighth Circuit |
2022-08-02 |
Denied |
Response WaivedIFP |
18-usc-3582 circuit-split compassionate-release covid-19 criminal-justice-reform first-step-act medical-care sentencing-discretion sentencing-guidelines |
1.) Whether the District Court erred when it denied relief to Petitioner 18 U.S.C. 3582(c)(1)(A)(i) motion based upon the applicability of 18 U.S.C. 3… |
| 22-5203 |
Travis Wade Amaral v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-07-27 |
Denied |
Response WaivedIFP |
constitutional-prohibition due-process juvenile-offenders juvenile-sentencing life-without-parole mandatory-sentences miller-v-alabama sentencing-discretion term-of-years-sentences |
1. Does the constitutional prohibition against mandatory life sentences for juvenile offenders in Miller v. Alabama apply to mandatory term-of-years s… |
| 22-49 |
Efrain Lora v. United States |
Second Circuit |
2022-07-19 |
Judgment Issued |
Amici (2)Response RequestedResponse WaivedRelisted (3) |
circuit-split concurrent-sentences consecutive-sentences criminal-law criminal-procedure federal-criminal-law mandatory-minimums sentencing sentencing-discretion statutory-interpretation |
Whether 18 U.S.C. § 924(c)(1)(D)(ii), which provides that "no term of imprisonment imposed … under this subsection shall run concurrently with any oth… |
| 21-8233 |
Barkley Gardner v. United States |
Fourth Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
18-USC-1959 criminal-law criminal-sentencing due-process federal-criminal-law punishment-alternatives racketeering sentencing sentencing-discretion statutory-interpretation violent-crime |
Whether a court may punish a violation of 18 U.S.C. § 1959(a) by a fine instead of death or life imprisonment. |
| 21-8133 |
Gary L. Boyle v. United States |
Seventh Circuit |
2022-06-14 |
Denied |
Response WaivedIFP |
circuit-precedent course-of-conduct criminal-acts criminal-sentencing discretionary-sentencing federal-guidelines guidelines judicial-interpretation same-course-of-conduct sentencing-discretion separate-course-of-conduct united-states-v-booker |
This Court's decisions (as best Boyle can research) have not defined or applied in the discretionary sentencing context, and apart from any Guidelines… |
| 21-1464 |
Emond S. Gulley v. Kansas |
Kansas |
2022-05-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-law criminal-procedure eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion term-of-years-sentence |
In Miller v. Alabama, 567 U.S. 460 (2012), the Court held that the Eighth Amendment bars the mandatory imposition of life in prison without parole for… |
| 21-7435 |
Ronell Williams v. Kansas |
Kansas |
2022-03-22 |
Denied |
Response WaivedIFP |
8th-amendment constitutional-interpretation discretionary-sentencing jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion youth-characteristics |
Does this Court's decision in Jones v. Mississippi, 593 U. S. ___, ___, 141 S. Ct. 1307, 1320, 209 L. Ed. 2d 390 (2021) mandate that states must stric… |
| 21-6566 |
Steven Craig Bethea v. United States |
Fourth Circuit |
2021-12-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-review criminal-sentencing discretion eighth-amendment judicial-abuse sentencing sentencing-discretion substantive-reasonableness upward-variance |
WHETHER THE DISTRICT COURT ERRED IN SENTENCING THE APPELLANT STEVEN BETHEA TO A GREATER SENTENCE THAN NECESSARY AS THE COURT ABUSED ITS DISCRETION BY … |
| 21-6473 |
Michael Stumph v. Ohio |
Ohio |
2021-12-02 |
Denied |
Amici (1)Response WaivedIFP |
Appellate-Review Cruel-and-Unusual-Punishment Due-Process eighth-amendment Equal-Protection fourteenth-amendment Procedural-Due-Process sentencing-discretion |
Whether Ohio Revised Code § 2953.08(D)(3) violates the prohibition against cruel and unusual punishment under the Eighth Amendment to the United State… |
| 21-6335 |
Chi Mak v. United States |
Ninth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure judicial-review sentencing sentencing-discretion sentencing-factors statutory-factors statutory-interpretation |
Whether the district court abused its direction and acted unreasonably in denying Mak's motion for compassionate release under 18 U.S.C. §3582(c), by … |
| 21-6279 |
Jquan Leearthur McInnis v. Minnesota |
Minnesota |
2021-11-15 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-without-parole miller-v-alabama roper-v-simmons sentencing sentencing-discretion |
Whether sentencing a juvenile to two consecutive homicide sentences of life-with-the possibility-of-release after thirty years, the functional equival… |
| 21-5782 |
Cenobio Humberto Herrera, Sr., aka Bert Herrera, aka Cenobio Herrera Lanz, aka Cenobio Humberto Lanz v. United States |
Ninth Circuit |
2021-09-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure custodial-status district-court methamphetamine methamphetamine-production ninth-circuit pseudoephedrine section-3553a sentencing sentencing-discretion |
1. Did the Ninth Circuit err in failing to vacate the district court's order because the court based its analysis on two clearly erroneous facts—the a… |
| 21-5391 |
Jermontae Moss v. Georgia |
Georgia |
2021-08-17 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure cruel-and-unusual-punishment family-violence felony-murder juvenile-justice juvenile-sentencing life-without-parole miller-v-alabama mitigating-factors sentencing sentencing-discretion |
Does a court violate Miller when it refuses to consider childhood trauma as mitigating when sentencing a child to life without parole? |
| 21-5407 |
Robin Rick Manning v. Michigan |
Michigan |
2021-08-17 |
Denied |
IFP |
civil-rights cruel-and-unusual-punishment cruel-unusual-punishment due-process first-amendment habeas-corpus juvenile-justice miller-v-alabama proportionality-review roper-v-simmons sentencing sentencing-discretion |
1. THE 4 TO 3 MAJORITY DECISION OF HE MICHIGAN SUPREME COURT FLOUTED U.S. SUPREME COURT PRECEDENT i .e. THE EVOLVING STANDARDS OF DECENCY ON PROPORTIO… |
| 21-5063 |
Sammy Cano v. Illinois |
Illinois |
2021-07-09 |
Denied |
IFP |
constitutional-rights criminal-procedure criminal-seizure due-process evidence ineffective-assistance-of-counsel ineffective-counsel reasonable-doubt sentencing sentencing-discretion witness-credibility witness-testimony |
1. Whether or not the State failed to prove Sammy Cano guilty beyond a reasonable doubt where the only witness to the crime directly contradicted her … |
| 20-8453 |
Devonte Jaishun Tucker v. United States |
Eleventh Circuit |
2021-06-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion mitigation preservation preservation-of-error sentencing sentencing-discretion |
Whether a defendant must object to sentencing court's failure to consider a nonfrivolous mitigation argument in order to preserve the issue for appeal… |
| 20-8347 |
Terron McAllister v. United States |
Fourth Circuit |
2021-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-resentencing discretion first-step-act guidelines guidelines-range judicial-discretion resentencing sentence-reduction sentencing sentencing-discretion |
Whether a District Court adjudicating a motion for a reduced sentence under the First Step Act abuses its discretion when a defendant would have a sig… |
| 20-8273 |
Roger G. Babcock v. Florida |
Florida |
2021-06-10 |
Denied |
Response WaivedIFP |
criminal-procedure due-process ineffective-assistance-of-counsel judicial-discretion mandatory-sentencing sentencing sentencing-discretion state-law statutory-interpretation |
My name is Roger G. Babcock, and, in 1997 a Florida jury found me guilty of the crime of sexual battery, a capital felony not punishable by death. At … |
| 20-1614 |
John D. Leontaritis v. United States |
Fifth Circuit |
2021-05-19 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
circuit-split criminal-law criminal-procedure due-process fact-determination jury-finding jury-instructions reasonable-doubt sentencing sentencing-discretion standard-of-proof |
This criminal case's questions concern the impact of jury findings on sentencing. Both recur frequently, especially in cases about drugs. Both are the… |
| 20-7851 |
Luis Noel Cruz, aka Noel v. United States |
Second Circuit |
2021-04-26 |
Denied |
Response WaivedIFP |
8th-amendment contemporary-standards-of-decency criminal-procedure due-process individualized-sentencing juvenile-sentencing legislative-trends life-sentence mandatory-minimum miller-rule sentencing-discretion |
Should the protections of Miller v. Alabama, 567 U.S. 460, 132 S. Ct. 2455, 183 L. Ed. 2d 407 (2012), which prohibits mandatory life sentences and req… |
| 20-7718 |
Deidre Antoinette Pierre v. Louisiana |
Louisiana |
2021-04-12 |
Denied |
Response WaivedIFP |
adolescent-brain-science constitutional-rights cruel-punishment eighth-amendment life-without-parole miller-mandate rs-15-574-4-d sentencing-discretion |
1. Whether the Eighth Amendment to the United States Constitution and Article I, Section 20, of the Louisiana Constitution prohibits the imposition of… |
| 20-1315 |
Louisiana v. Aaron G. Hauser |
Louisiana |
2021-03-23 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
irreparable-corruption juvenile-sentencing life-without-parole miller-v-alabama montgomery-miller-standard montgomery-v-louisiana rehabilitation rehabilitation-evidence sentencing-discretion |
Does a sentencing court run afoul of Montgomery and Miller by weighing the heinous facts of a juvenile's violent crime more heavily than any subsequen… |
| 20-7421 |
Jefferson Levine v. United States |
Eleventh Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
18-usc-3553(a) circuit-conflict criminal-resentencing first-step-act judicial-discretion post-sentencing-conduct section-404(b) sentencing sentencing-discretion |
1. Whether, in order to properly exercise its discretion under Section 404(b) of the First Step Act of 2018 to impose a reduced sentence for an eligib… |
| 20-7216 |
Antwan Seawood v. United States |
Eighth Circuit |
2021-02-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing dismissed-charges fifth-amendment sentencing sentencing-discretion sixth-amendment |
Did the District Court abuse its discretion and violate Appellant's Fifth and Sixth Amendment rights by sentencing him to a term of 240 months based u… |
| 20-7160 |
Emmett Garrison, IV v. Louisiana |
Louisiana |
2021-02-16 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights criminal-procedure due-process eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole presumption sentencing sentencing-discretion |
If the Eighth Amendment forbids automatic life without parole sentences for juvenile offenders, does a sentencing court have the discretion to impose … |
| 20-6982 |
Misty R. Weed v. Florida |
Florida |
2021-01-28 |
Denied |
Response WaivedIFP |
conflict-of-laws constitutional-rights district-court-conflict due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel manifest-injustice plea-withdrawal sentencing sentencing-discretion |
I. DID THE FIRST DISTRICT COURT OF APPEAL CREATE A MANIFEST
INJUSTICE WHEN IT EXPRESSLY AND DIRECTLY RULED IN
CONFLICT WITH DECISIONS OF FELLOW DISTRI… |
| 20-6902 |
Layw Thomas v. Kentucky |
Kentucky |
2021-01-22 |
Denied |
Response WaivedIFP |
disproportionate-sentencing eighth-amendment fourteenth-amendment hammer-clause juvenile-sentencing miller-v-alabama plea-agreement plea-bargaining sentencing-discretion |
Did Kentucky violate the Eighth and Fourteenth Amendments when it allowed a youth who was 17 when his crimes occurred to be sentenced to life in priso… |
| 20-6513 |
Calvin Teko Coston v. United States |
Fourth Circuit |
2020-12-03 |
Denied |
Response WaivedIFP |
constitutional-challenge due-process fifth-amendment jury-trial mandatory-imprisonment revocation sentencing-discretion sixth-amendment supervised-release united-states-v-haymond |
Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments by mandating the revocation of supervised release and imposition of a term of impr… |
| 20-6483 |
Adrien John Matuck v. United States |
Ninth Circuit |
2020-12-01 |
Denied |
Response WaivedRelisted (2)IFP |
civil-rights constitutional-proportionality criminal-procedure due-process eighth-amendment ineffective-assistance-of-counsel juvenile-sentencing life-without-parole sentencing-discretion speedy-trial statute-of-limitations |
Question not identified. |
| 20-6409 |
Hugo Humberto Perez Rangel v. United States |
Fifth Circuit |
2020-11-24 |
Denied |
IFP |
advisory-opinions appellate-review criminal-procedure federal-sentencing guideline-error harmless-error incentive-to-object judicial-discretion sentencing sentencing-discretion sentencing-guidelines |
Whether Guideline error is necessarily harmless if the district court is presented with the Guideline range later vindicated on appeal and disclaims a… |
| 20-6303 |
Lamar Whatley v. Illinois |
Illinois |
2020-11-13 |
Denied |
IFP |
aggravating-factors constitutional-challenge de-novo eighth-amendment ineffective-assistance judicial-discretion mitigating-factors sentencing sentencing-discretion separation-of-powers sixth-amendment |
1, The seperation of powers clause,as legislature has power to fix sentences.for mr.whatley crime and limit the scope of the judicial decsrition to im… |
| 20-6316 |
Mickey Pubien v. United States |
Eleventh Circuit |
2020-11-13 |
Denied |
Response WaivedIFP |
circuit-split criminal-justice-reform criminal-resentencing discretion first-step-act penalty-reduction sentencing sentencing-discretion statutory-interpretation |
What the district court may appropriately consider when imposing a reduced sentence pursuant to § 404 of the First Step Act of 2018 remains an unsettl… |
| 20-423 |
LaQuanda Gilmore Garrott v. United States |
Eleventh Circuit |
2020-10-02 |
Denied |
|
charge-bargain judicial-review maximum-sentence plea-agreement prosecutorial-discretion sentencing sentencing-discretion separation-of-powers |
Whether a district judge violates the separation of powers by rejecting a plea agreement containing a "charge bargain"—a guilty plea to one or more co… |
| 20-5478 |
Fernando Hernandez v. United States |
First Circuit |
2020-08-25 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure discretion domestic-violence drug-trafficking due-process sentencing sentencing-discretion |
Was Hernandez ' due process rights violated when the district court abused
its discretion in relying on Hernandez ' domestic violence past in sentenc… |
| 19-8868 |
Rodrecas Tims v. United States |
Fifth Circuit |
2020-06-30 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing federal-sentencing judicial-discretion prison-sentence reasonableness-review sentencing-discretion sentencing-factors sentencing-guidelines sentencing-range sentencing-reasonableness |
Whether the district court ordered an unreasonable 108-month prison sentence under the facts of this case, and under the recommended Sentencing Guidel… |
| 19-8474 |
Brittany Dawn Thomas v. United States |
Fourth Circuit |
2020-05-15 |
Denied |
Response WaivedIFP |
18-usc-3553(e) 18-USC-3553e criminal-procedure district-court judicial-authority mandatory-minimum sentencing sentencing-discretion separation-of-powers statutory-interpretation |
i. DOES A DISTRICT COURTS INABILITY TO DEPART BELOW A MANDATORY MINIMUM UNDER 18 U.S.C. § 3553(e), FOR ANY FACTOR OTHER THAN DEFENDANT'S SUBSTANTIAL A… |
| 19-7918 |
Patrick Harris v. United States |
Sixth Circuit |
2020-03-10 |
Denied |
Response WaivedIFP |
18-usc-3553a child-pornography criminal-sentencing district-court enhancement-factors excessive-sentence sentencing-discretion sentencing-enhancements sentencing-guidelines statutory-considerations |
I. DID THE DISTRICT COURT ERR WHEN IT FOUND ENHANCEMENT FACTORS LISTED IN U.S.S.G. § 2G2.2(b)(2), (b)(3), (b)(4), (b)(6) AND (b)(7)(D) APPROPRIATE IN … |
| 19-7839 |
Christopher Sanchez v. United States |
Fifth Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deterrence due-process imprisonment plain-error-review policy-statement policy-statement-range sentencing sentencing-discretion sentencing-factors sentencing-guidelines |
I. Is a single-sentence explanation of "I believe this addresses the issues of adequate deterrence and protection of the public" procedurally reasonab… |
| 19-7759 |
Lyarron T. Emers v. Illinois |
Illinois |
2020-02-24 |
Denied |
Response WaivedIFP |
5th-amendment aggravating-factor constitutional-rights due-process fifth-amendment pre-sentence-investigation right-to-remain-silent right-to-silence sentencing sentencing-discretion |
Is People v. Emers IL App (4th) 170254-0 parallel to People v. Maggio IL App (4th) 150287?
How is it not unconstitutional, if comments are made on a … |
| 19-7720 |
Lamont Jones v. United States |
Fourth Circuit |
2020-02-21 |
Denied |
Response WaivedIFP |
4th-circuit-court abuse-of-discretion co-conspirator-hearsay co-conspirator-hearsay-exception criminal-association criminal-history district-court-conviction hearsay-exception mental-health racketeering-conspiracy racketeering-conspiracy-18-usc-1962(d) sentencing sentencing-discretion sentencing-mental-health-treatment sufficient-evidence uncorroborated-confession |
I. Did the 4th Circuit Court of Appeals abuse.it's discretion in upholding
the District Court's conviction that the evidence against Jones was
suffi… |
| 19-7688 |
Ricardo Noble v. Pennsylvania |
Pennsylvania |
2020-02-18 |
Denied |
Response RequestedRelisted (2)IFP |
civil-rights constitutional-rights due-process ineffective-assistance-of-counsel juvenile-justice juvenile-transfer miller-standard miller-v-alabama rehabilitation rehabilitation-needs sentencing sentencing-discretion transfer |
The fact, issues, and evidence related to a juvenile lifer's decertification (Transfer) decision are relevant to said Juvenile Lifer's Resentencing. T… |
| 19-7698 |
Martin Calderon-Ortalejo v. United States |
Fifth Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure extensive-scope extensive-scope-planning fifth-circuit-review judicial-abuse-of-discretion offense-level-enhancement plea-agreement sentencing-discretion substantial-interference substantial-interference-with-justice total-offense-level |
Did the United States District Court for the Northern District of Texas, Lubbock Division, abuse its discretion by imposing two consecutive sentences … |
| 19-7338 |
David P. Moran v. Florida |
Florida |
2020-01-17 |
Denied |
Response WaivedIFP |
concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process judicial-interpretation prosecutorial-charging same-conduct same-victim sentencing sentencing-discretion sentencing-guidelines |
1. Should two charges for the same episode of conduct and the same victim with
no temporal break whatsoever be sentenced to consecutive prison terms e… |
| 19-7293 |
Desmond Bowen v. United States |
Fifth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
18-usc-3553(a) appellate-review booker-v-united-states federal-sentencing gall-v-united-states judicial-standard sentencing-discretion sentencing-factors sentencing-review statutory-interpretation substantive-reasonableness |
18 U.S.C. § 3553(a) states: "The court shall impose a sentence sufficient, but not greater than necessary." Indeed, there are factors found in § 3553(… |
| 19-7107 |
Joseph Thor Perkins v. United States |
Eighth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
18-usc-3553a 3553(a)-factors abuse-of-discretion booker-v-united-states criminal-sentencing downward-variance federal-sentencing-procedure gall-v-united-states judicial-discretion sentencing-discretion sentencing-guidelines statutory-interpretation |
Whether a sentencing court can abuse its discretion by not varying downward further based on this Court's decisions mandating that a sentencing court … |
| 19-6938 |
Gabriel Garcia-Solar v. United States |
Eleventh Circuit |
2019-12-13 |
Denied |
Response WaivedIFP |
congress-power congressional-power constitutional-interpretation extraterritorial-jurisdiction felonies-clause felony-definition foreign-nationals high-seas maritime-drug-law maritime-drug-law-enforcement-act nexus-requirement nexus-to-us sentencing-discretion |
1. Whether the Maritime Drug Law Enforcement Act, 46 U.S.C. § 70503 et. sec., which criminalizes foreign drug trafficking offenses committed aboard ve… |
| 19-720 |
United States v. Riley Briones, Jr. |
Ninth Circuit |
2019-12-06 |
GVR |
Relisted (2) |
constitutional-law criminal-procedure discretionary-sentencing due-process eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment life-without-parole parole sentencing sentencing-discretion |
Whether Miller v. Alabama, which "h[e]ld that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of par… |
| 19-6856 |
James W. Riley v. Delaware |
Delaware |
2019-12-05 |
Denied |
Response WaivedRelisted (2)IFP |
capital-punishment conflict-of-interest constitutional-rights criminal-procedure due-process evidentiary-considerations fair-trial ineffective-assistance-of-counsel judicial-misconduct judicial-review right-to-counsel right-to-fair-trial sentencing sentencing-discretion |
Should this court extend Its Hurst v. Florida ruling to the pre-trial and trial stages of capital murder case where it is shown that the Judge's sente… |
| 19-6205 |
Ruben Navarrete-Felix v. United States |
Ninth Circuit |
2019-10-09 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure criminal-sentencing due-process judicial-policy recidivism sentencing-discretion sentencing-factors |
Is it an abuse of discretion to sentence a recidivist pursuant to a blanket policy of always imposing a longer sentence than the defendant previously … |
| 19-5730 |
Lawrence Michael Lynde v. United States |
Sixth Circuit |
2019-08-28 |
Denied |
Response WaivedIFP |
child-pornography civil-rights constitutional-law criminal-history criminal-procedure due-process federal-courts federal-sentencing sentencing-discretion sentencing-factors sentencing-guidelines sex-offender-treatment sixth-circuit-appeal standing statutory-interpretation victim-restitution |
Question not identified. |
| 19-5641 |
David Anthony Gordon v. United States |
Eleventh Circuit |
2019-08-19 |
Denied |
Response WaivedIFP |
appeal-waiver due-process government-breach judicial-assignment judicial-procedure mandatory-minimum plea-agreement safety-valve sentencing sentencing-discretion |
Whether, in reaching the decision to affirm in part and to dismiss in part, the Eleventh Circuit Court of Appeals has so far departed from the accepte… |
| 19-5472 |
Martin Avalos-Rico, aka Rolando Blanco-Garcia, aka Oscar Cruz-Tulum, aka Alejandro Tamayo v. United States |
Eighth Circuit |
2019-08-06 |
Denied |
Response WaivedIFP |
circuit-split deportable-offender due-process geographic-disparity immigration immigration-sentencing reentry-offense sentencing-discretion sentencing-guidelines sentencing-reform-act supervised-release |
1. Whether a district court that imposes supervised release on a deportable offender must specifically tie it to a need for deterrence or protection, … |
| 19-109 |
Giovanni Montijo-Dominguez v. United States |
Tenth Circuit |
2019-07-25 |
Denied |
Amici (2) |
18-usc-3553 circuit-split criminal-sentencing drug-trafficking fact-finding judicial-discretion jury-findings jury-verdict mandatory-minimum preponderance-of-evidence sentencing-discretion standard-of-proof |
District courts exercise broad discretion at sentencing. They may take into consideration various factors relating to both the offense and the offende… |
| 18-9063 |
Tyrone Leonard James v. United States |
Fourth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3584 18-usc-924c 18-usc-924c3b certificate-of-appealability concurrent-sentences concurrent-sentences,federal-sentencing,state-sent Does the Supreme Court's grant of writ of certiora federal-criminal-procedure federal-sentencing judicial-consideration sentencing-discretion sentencing-factors state-sentencing statutory-interpretation supreme-court-rule-10 third-circuit unrelated-crimes vagueness |
Whether a district court's finding that a state crime and federal crime were unrelated is sufficient, in itself, to satisfy its obligation under 18 U.… |
| 18-9079 |
Steven Dedual, Jr. v. United States |
Fifth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
alternate-sentences appellate-review district-court guideline-range harmless-error judicial-discretion sentencing-discretion sentencing-enhancement sentencing-procedure unsupported-alternate-sentences unsupported-claims |
Can a district court that has erroneously applied a sentencing enhancement shield itself from appellate review by claiming, without providing specific… |
| 18-9010 |
Joel Augutuk Mayokok v. United States |
Eighth Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-error re-sentencing sentence-reasonableness sentencing sentencing-discretion sentencing-guidelines substantive-reasonableness unsupported-enhancement |
I. Did the District Court's decision at re-sentencing to re-impose the
same 240-month sentence it initially imposed, where the Court had
erred in its … |
| 18-8796 |
Larry Junior Copeland, aka La-La v. United States |
Fourth Circuit |
2019-04-11 |
Denied |
Response WaivedIFP |
certificate-of-appealability evidentiary-hearing fair-sentencing-act first-step-act habeas-corpus procedural-default retroactivity sentencing-discretion |
This Court holds that when a habeas petitioner alleges facts that are outside the courtroom, and if proven, those facts entitle a petitioner to relief… |
| 18-8759 |
Cuauhtemoc Juarez-Aquino v. United States |
Ninth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-sentencing discretion district-court-authority due-process judicial-discretion majority-circuits ninth-circuit sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion to weigh established factors at sentencing, as the Ninth Circuit has held, or wheth… |
| 18A1002 |
Joseph Carter v. Florida |
Florida |
2019-04-01 |
Presumed Complete |
|
cruel-and-unusual eighth-amendment juvenile-sentencing miller-v-alabama proportionality sentencing-discretion |
Question not identified. |
| 18-8490 |
Bernard Mitchell v. California |
California |
2019-03-21 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-street-gangs discretion due-process evidence gang-evidence ineffective-assistance ineffective-assistance-of-counsel jury-exposure jury-instructions jury-prejudice prejudice prosecutorial-misconduct sentencing sentencing-discretion standard-of-review |
1. Did the court abuse its discretion in permitting the jury to be exposed to the nicknames "Crip" and "'Scrap,"' which have been taken as a suggestio… |
| 18-8468 |
Alfredo Mendez v. United States |
Ninth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure discretion district-court-authority due-process federal-courts judicial-discretion sentencing sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion at sentencing to weigh established factors at sentencing, as the Ninth Circuit has … |
| 18-8395 |
Janet Sonja Schonewolf v. United States |
Third Circuit |
2019-03-14 |
Denied |
Response WaivedIFP |
18-usc-3582 circuit-split criminal-sentencing prison-sentence prison-term rehabilitation sentencing-discretion sentencing-reform-act statutory-interpretation tapia-v-united-states |
The Sentencing Reform Act requires courts to "recogniz[e] that imprisonment is not an appropriate means of promoting correction and rehabilitation." 1… |
| 18-8314 |
Jose Nino-Carreon v. United States |
Fifth Circuit |
2019-03-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure district-court district-court-discretion guidelines plain-error sentencing sentencing-discretion sentencing-guidelines substantial-rights |
Whether a court of appeals that finds a plain Guideline error should ordinarily find an effect on the defendant's substantial rights if the district c… |
| 18-8210 |
Mahogany Taquilla Alexander v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-03-01 |
Denied |
Response WaivedIFP |
14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-discretion |
1. DID TRIAL COURT ABUSE ITS DISCRETION BY CONSIDERING A NOLLE PROSSED CHARGE OF FIRST DEGREE MURDER IN SENTENCING PETITIONER TO THE 20-YEAR PLEA CAP,… |
| 18-8200 |
Tommy Earl Boone, Jr. v. Texas |
Texas |
2019-02-28 |
Denied |
Relisted (2)IFP |
administrative-law civil-rights constitutional-interpretation criminal-law due-process legislative-intent official-discretion parole punishment-proportionality sentencing-discretion standing statutory-interpretation takings |
Assuming the Circuit Courts Application oF The June 15, 1989-Amended PArole Statute in Texas, By The 71 sT Legislature, strategicly Dismantling The SA… |
| 18-7920 |
Harold A. Habeck, II v. United States |
Fourth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-procedure criminal-procedure,sentencing,mandatory-minimums,d criminal-sentencing discretion drug-offense drug-offenses firearms mandatory-minimum mandatory-minimums predicate-crime sentencing-discretion statutory-interpretation |
"Whether; Dean v. United States, 581 U.S. (2017) permits a district court the discretion to consider less than the mandatory sixty month consecutive s… |
| 18-759 |
Matthew D. Sample v. United States |
Tenth Circuit |
2018-12-14 |
Denied |
Amici (3) |
criminal-sentencing district-court district-court-authority district-court-discretion imprisonment income-earning probation restitution sentencing-discretion victim-compensation |
Whether a district court may reduce a prison sentence, or impose a probationary term in lieu of imprisonment, to enable a defendant to earn income to … |
| 18-6590 |
Salah Mohamed v. United States |
Fourth Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion aggravating-factor due-process escape flight-risk immigration naturalization naturalized-defendant sentencing-discretion sentencing-guidelines statutory-maximum |
Does a court abuse its discretion under the United States Sentencing Guidelines by sentencing a naturalized defendant more than three times above his … |
| 18-6604 |
Joseph Jenkins v. United States |
Second Circuit |
2018-11-07 |
Denied |
Response WaivedIFP |
civil-rights court-reporters-act court-transcript due-process judicial-misconduct perjury perjury-by-exclusion qualified-retirement retirement-savings sentencing sentencing-discretion |
Can "catchall phrases" form a basis for a 'perjury by exclusion' indictment and conviction in the absence of precise questioning, open court transcrip… |
| 18-6327 |
Rolando Humphrey v. United States |
Fifth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3553a criminal-procedure criminal-sentencing due-process federal-sentencing judicial-determination judicial-discretion jury-role jury-trial sentencing-discretion sentencing-guidelines sentencing-guidelines-18-usc-3553 statutory-minimum |
1. Whether district courts may determine without the aid of a jury that a sentence above the statutory minimum is "not greater than necessary" to achi… |
| 18-6335 |
George Jenkins v. United States |
Eleventh Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
criminal-procedure cruel-and-unusual-punishment drug-offense due-process first-time-offender non-violent-crime proportionality reasonableness-review sentencing-discretion sentencing-guidelines |
WHETHER THE SENTENCE IMPOSED IS UNREASONABLE
A. Whether a One Hundred Forty-four (144) month prison sentence for a first time non-violent, drug deale… |
| 18-6207 |
Manuel Ernesto Paiz Guevara v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion capital-crime capital-punishment criminal-procedure death-penalty eighth-amendment fourth-circuit-split mandatory-sentencing miller-v-alabama right-to-counsel sentencing sentencing-discretion statutory-interpretation |
1. Whether the Fourth Circuit erroneously held - in conflict with the plain language of 18 U.S.C. § 3005 and in conflict with a 45-year split between … |
| 18-6063 |
Craig Alexander v. United States |
Fifth Circuit |
2018-09-20 |
Denied |
Response WaivedIFP |
appeals criminal-history criminal-procedure disciplinary-infractions due-process judicial-discretion judicial-interpretation section-3582 sentencing sentencing-discretion sentencing-guidelines statutory-interpretation |
Whether the Supreme Court should resolve spilt decisions in the lower court -as to how far a Judge must explain and/or elaborate on a decision to gran… |
| 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? |
| 18-5893 |
Dan Wayne Streetman v. United States |
Ninth Circuit |
2018-09-05 |
Denied |
Response WaivedIFP |
booker-precedent booker-v-united-states child-pornography gall-v-united-states judicial-discretion kimbrough-v-united-states policy-disagreement sentencing-commission sentencing-discretion sentencing-guidelines sentencing-uniformity separation-of-powers |
1. In the post-Booker world of non-mandatory guidelines, is it an abuse of discretion to refuse to reject a guideline on policy grounds where the guid… |
| 18-5872 |
Miguel Medina-Reyes v. United States |
Fifth Circuit |
2018-09-04 |
Denied |
Response WaivedIFP |
3553(a) drug-trafficking federal-criminal-justice-system pre-sentence-report sentencing 3553(a) 3553(a)-factors 3553a-factors abuse-of-discretion amendment-782 criminal-procedure drug-amount drug-quantity-attribution drug-trafficking-conspiracy due-process pre-sentence-report sentencing sentencing-discretion threshold |
Whether Petitioner's due process rights were violated where the district court erred by failing to determine whether, at sentencing, Petitioner was in… |
| 18-5828 |
Adolfo Lopez-Garcia v. United States |
Seventh Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3582c-motion amendment-782 criminal-procedure criminal-sentencing district-court procedural-reasonableness sentence-reduction sentencing-discretion sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error substantive-reasonableness sufficient-but-not-greater-than-necessary |
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w… |
| 18-5696 |
Curtis Croft v. Illinois |
Illinois |
2018-08-22 |
Denied |
Response WaivedIFP |
constitutional-review due-process irreparable-corruption juvenile-sentencing life-without-parole miller-v-alabama opportunity-to-present-evidence sentencing-discretion split-of-authority |
Whether Illinois has misused the broad discretion allowed the states by endorsing a deferential, exclusive "backwards-looking" examination of the "col… |
| 18-5607 |
Friday Ogunyemi James v. United States |
Third Circuit |
2018-08-16 |
Denied |
Response WaivedIFP |
criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness |
1. Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the ev… |
| 18-203 |
Joey Montrell Chandler, aka Joey M. Chandler, aka Joey Chandler v. Mississippi |
Mississippi |
2018-08-15 |
Denied |
Amici (5)Response RequestedResponse WaivedRelisted (2) |
8th-amendment criminal-procedure eighth-amendment incorrigible juvenile-offender juvenile-offenders juvenile-sentencing life-without-parole permanent-incorrigibility rehabilitation sentencing sentencing-discretion state-supreme-courts |
1. Whether the Eighth Amendment requires the sentencing authority to make a finding that a juvenile is permanently incorrigible before imposing a sent… |
| 18-5484 |
William N. Washington v. California |
California |
2018-08-08 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-sentencing custody-credits due-process equal-protection habeas-corpus original-sentence penal-code penal-code-1170.18 proposition-47 resentencing safe-neighborhoods-act sentencing sentencing-discretion |
WHETHER THE TRIAL COURT ERRED IN FAILING TO RECALCULATE
ALL DAYS OF CUSTODY FROM THE DATE OF ORIGINAL JUDGMENT, AND ONLY
AWARDED CUSTODY CREDITS FROM … |
| 18-81 |
Carltez Taylor v. Indiana |
Indiana |
2018-07-19 |
Denied |
|
constitutional-proportionality cruel-and-unusual-punishment eighth-amendment juvenile-sentencing life-expectancy life-without-parole miller-v-alabama sentencing-discretion term-of-years |
Whether it is cruel and unusual punishment to sentence a juvenile to a term exceeding their life expectancy for a single offense even when the sentenc… |
| 18-5153 |
Arthur Wayne Kniffley v. United States |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
ball-v-united-states blockburger-test child-pornography criminal-conviction double-jeopardy double-jeopardy,child-pornography,fifth-amendment, double-jeopardy,fifth-amendment,child-pornography, fifth-amendment mandatory-life-sentence mandatory-sentencing sentencing-discretion |
I. Whether a conviction for producing child pornography violates the Double Jeopardy Clause of the Fifth Amendment because the defendant was previousl… |