sentencing-error
90 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6465 | Ledale Deanthony Sawyer v. United States | Fifth Circuit | 2025-12-31 | Pending | IFP | appeal-waiver appellate-review criminal-procedure habeas-corpus legal-argument sentencing-error | 1. Whether a defendant's appeal waiver bars appellate review of a clear sentencing error when the defendant preserved the exact legal argument below a… |
| 25-6396 | Javier Rivera Franco v. Texas | Texas | 2025-12-17 | Denied | IFP | conviction-validity criminal-procedure due-process habeas-corpus judicial-procedure sentencing-error | 1. Is Petitioner Franco illegally imprisoned under a invalid 75 year sentence in Indictment / Cause No. F05-45713-T and under a invalid conviction ?… |
| 25-6142 | John Elwood Tyrone Martin v. United States | Fourth Circuit | 2025-11-17 | Pending | IFP | appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error | I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a d… |
| 25A526 | Martin Gutierrez-Barba v. United States | Ninth Circuit | 2025-11-06 | Application | 18-usc-3553a appellate-review circuit-split federal-sentencing preservation-of-error sentencing-error | Question not identified. | |
| 25-5914 | Martins Inalegwu v. United States | Third Circuit | 2025-10-20 | Denied | IFP | appellate-review criminal-procedure harmless-error judicial-discretion sentencing-error variance | Whether a district judge can render sentencing errors harmless by stating it would have imposed the same sentence regardless of any error, or by simpl… |
| 25-5018 | Lakeith Lynn Washington v. United States | Fifth Circuit | 2025-07-02 | Denied | Response WaivedIFP | apprendi-error armed-career-criminal-act constitutional-error harmless-error judicial-review sentencing-error | Petitioner Lakeith Lynn Washington was sentenced under the Armed Career Criminal Act (ACCA) to 180 months of imprisonment, despite the fact that the i… |
| 24-7093 | Alfred Velazquez v. United States | Ninth Circuit | 2025-04-29 | Denied | Response WaivedIFP | circuit-split criminal-procedure judicial-review presentence-report sentencing-error structural-error | Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci… |
| 24-6658 | Donald Conelious Voltz v. United States | Eleventh Circuit | 2025-02-26 | Denied | Response WaivedIFP | armed-career-criminal-act harmless-error-review judicial-finding preponderance-of-evidence sentencing-error structural-error | Where a district court has erred in sentencing a defendant under the Armed Career Criminal Act based on a judicial finding by a preponderance of the e… |
| 24-6543 | Devin Chaney v. United States | Fifth Circuit | 2025-02-11 | Pending | Response RequestedResponse WaivedRelisted (4)IFP | appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-agreement sentencing-error | Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and… |
| 24-6505 | Jerome Jones v. United States | Fifth Circuit | 2025-02-07 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appeal-waiver circuit-split criminal-procedure plea-agreement sentencing-error statutory-right | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made errors as part of his plea agreemen… |
| 24-6181 | Richard Grier v. United States | Fourth Circuit | 2024-12-20 | Denied | Response WaivedIFP | case-dismissal court-discretion discovery-motion guilty-plea judicial-review sentencing-error | 1. DID THE (MAGISTRATE) COURT ABUSE ITS DISCRETION WHEN IT DENIED (GRIFF'S/PETITIONER'S) MOTION TO RECEIVE DISCOVERY FILES? 2. DID THE (MAGISTRATE) C… |
| 24-6145 | Jermaine Jamaica Campbell, Sr. v. William Gittere, Warden, et al. | Ninth Circuit | 2024-12-16 | Denied | IFP | certificate-of-appealability habeas-corpus ineffective-assistance ninth-circuit-standard procedural-default sentencing-error | The question presented is whether the Ninth Circuit Court of Appeals misapplied the standard governing the grant of a certificate of appealability for… |
| 24-6060 | Albert Trampis Dogskin v. United States | Ninth Circuit | 2024-12-03 | Denied | Response WaivedIFP | appeal-waiver circuit-split false-information judicial-discretion plea-agreement sentencing-error | Whether there is an exception to an appeal waiver in a plea agreement where the district court relied on false or unreliable information in sentencing… |
| 24-5600 | Abimael Narvaez-Rosa v. United States | First Circuit | 2024-09-20 | Denied | Response WaivedIFP | criminal-procedure first-circuit incarceration-term judicial-breach plea-agreement sentencing-error | Whether the United States court of Appeals for the First Circuit erred in rejecting Narvaez-Rosa's claim of a procedural sentencing error, when the Un… |
| 23-7116 | Ricky L. Reese v. Oklahoma | Oklahoma | 2024-04-01 | Denied | IFP | competency constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review sentencing-error statute-of-limitations | Does a person is convict of a crime lose his right to public relief from the court if he didn't receive a copy of his sentence becoming final to the c… |
| 23-6924 | Leonard Farrell Willis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2024-03-07 | Denied | IFP | actual-innocence certificate-of-appealability exhaustion-doctrine habeas habeas-corpus limitation-period mcquiggin-v-perkins procedural-bars procedural-default sentencing-error | QUESTION No. 1: Does &U£.ederal habeas petitioner's claim of actual innocence of a non-capital sentence exception operate, in the wake of McQuiggin v.… |
| 23-6754 | Rodwick F. Abadam v. United States | Ninth Circuit | 2024-02-14 | Denied | Response WaivedIFP | 2nd-amendment appellate-review appellate-waiver constitutional-violation miscarriage-of-justice plea-agreement second-amendment sentencing sentencing-error | 1. Did the Ninth Circuit err when it failed to find that sentencing errors that violated Mr. Abadam's Second Amendment rights can amount to a "miscarr… |
| 23-6725 | Deonte Marques Curry v. United States | Fourth Circuit | 2024-02-12 | Denied | Response WaivedIFP | court-of-appeals criminal-procedure due-process electronic-filing forfeiture notice restitution sentencing sentencing-error | 1. In Dolan v. United States, 560 U.S. 605 (2010), the Court held that compliance with the statutory deadline for determining restitution was unnecess… |
| 23-6134 | Rajon Jamison v. United States | Sixth Circuit | 2023-11-29 | Denied | Response WaivedIFP | armed-career-criminal-act armed-career-offender base-level base-level-calculation constitutional-rights criminal-procedure due-process juvenile-conviction sentencing-error sentencing-guidelines statutory-interpretation | WHETHER THIS COURT SHOULD GRANT THIS APPLICATION FOR WRIT OF CERTIORARI AND ADDRESS TWO SENTENCING ERROR OF SIGNIFICANCE WHEN THE TRIAL COURT ERRED WH… |
| 23-6070 | Eric V. Bartoli v. United States | Sixth Circuit | 2023-11-21 | Denied | Response WaivedIFP | criminal-procedure ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining prosecutorial-misconduct sentencing sentencing-error statutory-maximum | Whether a guilty plea should be vacated when the underlying plea bargain contains an error of law (an illegal sentence) at its core. |
| 23-5608 | George Butler v. Mississippi | Mississippi | 2023-09-19 | Denied | IFP | civil-rights constitutional-violation criminal-procedure due-process habeas-corpus habitual-offender indictment ineffective-assistance-of-counsel ineffective-counsel intervening-decision sentencing-error | (1) The Conviction and/or Sentence was in violation of the United States Constitution, Mississippi Constitution, and Laws of Mississippi. (2) The Con… |
| 23-5150 | Augustus Quintrell Light v. United States | Eighth Circuit | 2023-07-20 | Denied | Response WaivedIFP | constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error | WHETHER ON ONE'S, DID THE EIGHTH CIRCUIT COURT OF APPEALS COMMIT ERROR IN FINDING THAT THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN DENYING PETI… |
| 23-5059 | Savon Hardaway v. United States | Fourth Circuit | 2023-07-07 | Denied | Response WaivedIFP | career-offender criminal-procedure felon-in-possession guilty-plea harmless-error mens-rea plea-agreement rehaif-advisement rehaif-v-united-states sentencing-error | I. Mr. Hardaway pleaded guilty to a felon in possession charge. The district court arraigned Mr. Hardaway after this Court's decision in Rehaif v. Uni… |
| 22-7569 | Andrew Payton v. United States | Fifth Circuit | 2023-05-16 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors voluntary-forfeiture | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7389 | Gerald Lee Banks v. A. W. Wingfield, Acting Warden | Fourth Circuit | 2023-04-27 | Denied | Response WaivedIFP | appeal appellant-court case-law criminal-procedure due-process fourth-circuit judicial-review legal-precedent precedent sentencing-error | Did the Appellant err when it violated its own precedent in denying Banks sentencing error? Did the Lower Court err when it violated Fourth Circuit p… |
| 22-7288 | Gilberto Gonzalez-Enriquez v. United States | Fifth Circuit | 2023-04-14 | Denied | Response WaivedIFP | appellate-review criminal-procedure due-process error-calculation harmless-error judicial-discretion sentencing sentencing-error sentencing-guidelines standard-of-review u.s-sentencing-guidelines | Whether a sentencing court can insulate a substantial error in calculating the U.S. Sentencing Guidelines range from appellate review simply by assert… |
| 22-6789 | Juan Francisco Turcios v. Texas | Texas | 2023-02-15 | Denied | IFP | compensation criminal-procedure due-process illegal-confinement judicial-discretion judicial-misconduct plea-agreement plea-bargain sentencing sentencing-error | (1) On A April 9,2012 after all parties approved and signed the plea bargain agreement documents ,and Hon.Judge Teresa Hawthorne approved and. accep… |
| 22-738 | Robert A. Mangine v. Shannon D. Withers, Warden | Seventh Circuit | 2023-02-07 | Denied | Relisted (2) | 18-usc-3582 career-offender circuit-split habeas-corpus miscarriage-of-justice savings-clause sentence-reduction sentencing-error sentencing-errors statutory-rights | Whether and under what circumstances relief is available under § 2255(e) for federal prisoners challenging errors in their sentences; and Whether the… |
| 22-6702 | Jason Boyet v. United States | Fifth Circuit | 2023-02-06 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors waiver-enforceability | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-6436 | Timothy D. Robertson v. Illinois | Illinois | 2022-12-30 | Denied | IFP | due-process effective-assistance-of-counsel post-conviction-petition prior-conviction reversal sentencing sentencing-error sixth-amendment | 1). Did Petitioner Robertson Establish and Show "Cause" for filing a Successive Post Conviction Petition by Advancing an Overwhelmingly Substantial "M… |
| 22-6392 | Adam Tello v. United States | Fifth Circuit | 2022-12-23 | Denied | Response WaivedIFP | appellate-review civil-rights criminal-procedure due-process ineffective-assistance jurisdiction jurisdictional-defect legal-correction sentencing sentencing-error standing strickland-standard | Whether a jurisdictional defective sentence is "non-law" and cannot be adjudicated time or procedurally barred under U.S. Supreme Court law of United … |
| 22-6067 | Yazan Al-Madani v. United States | Sixth Circuit | 2022-11-16 | Denied | Response WaivedIFP | appellate-review enterprise fraud hobbs-act mens-rea public-official rico rico-act sentencing-error victim | Question One: Whether under the Racketeer Influenced and Corrupt Organizations Act ("RICO ") an entity can be both an "enterprise " and a "victim " - … |
| 22-5206 | Shain Duka v. United States | Third Circuit | 2022-07-27 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 924(c) actual-innocence circuit-court-review concurrent-sentence-doctrine criminal-conviction criminal-procedure invalid-conviction judicial-procedure jury-instruction sentencing-error statutory-interpretation | Whether the Third Circuit Erred in Utilizing the Concurrent Sentence Doctrine to Uphold a Concededly Invalid 924(c) Conviction. |
| 21-7709 | David C. Morris v. Ohio | Ohio | 2022-04-28 | Denied | IFP | cruel-and-unusual-punishment direct-appeal ineffective-assistance-of-counsel res-judicata sentencing sentencing-error statutory-authority statutory-authorization | "NATURAL LIFE" THAT DOES A SENTENCE OF NOT EXIST IS NOT AUTHOR IZED BY AND STATUTE, WHICH CRUEL AND UNUSUAL PUNI SHMENT CONSTITUTES BECAUSE WAS ASSIGN… |
| 21-7591 | Donald Morris Lee v. Washington | Washington | 2022-04-11 | Denied | IFP | civil-rights constitutional-violation due-process habeas-corpus judicial-remedy judicial-review resentencing sentencing sentencing-error state-action | Can the court void the illegally obtained J&S? Can the court reverse and dismiss the conviction? Can the court order Lee released? Can the court di… |
| 21-7486 | Eric Jamar Goodall v. United States | Ninth Circuit | 2022-03-29 | Denied | Response WaivedIFP | criminal-appeal illegal-sentence jurisdictional-defect ninth-circuit plea-agreement sentencing-error waiver waiver-doctrine | 1. Did the Ninth Circuit err in dismissing the appeal when Mr. Goodall's plea agreement contains a count of conviction and resulting sentence that is … |
| 21-6701 | Nakyia D. Parker v. Douglas Fender, Warden | Sixth Circuit | 2021-12-22 | Denied | Response WaivedIFP | consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence | WHETHER PETITIONER-APPELLANT, PARKER WAS DENIED A FAIR AND IMPARTIAL TRIAL DUE TO SEVERAL MAJOR CONSTITUTIONAL AND DUE PROCESS RIGHT VIOLATIONS THAT I… |
| 21-6687 | Rory Lee Zirkelbach v. United States | Eighth Circuit | 2021-12-21 | Denied | Response WaivedIFP | 18-usc-3582 career-offender district-court-discretion extraordinary-and-compelling extraordinary-reasons sentence-reduction sentencing-disparity sentencing-error sentencing-guideline statutory-interpretation | Did the district court err when it imposed an extratextual limitation on its statutory authority to determine what amounts to an "extraordinary and co… |
| 21-6542 | Juan Trujillo v. United States | Fifth Circuit | 2021-12-07 | Denied | Response WaivedIFP | appellate-review clear-error criminal-procedure judicial-discretion limited-remand plain-error remand-standard sentencing sentencing-error statutory-maximum substantial-rights | This Court in Molina-Martinez v. United States advised that courts of appeals may order a limited remand to assess the impact of clear error on the de… |
| 21-6240 | Michael Roger Clemons, aka Chinaman v. United States | Fourth Circuit | 2021-11-12 | Denied | Response WaivedIFP | appellate-review district-court guidelines-error harmless-error sentencing-error standard-of-review | Whether any procedural sentencing error can be deemed harmless if the district court announces, without further explanation, that it would have impose… |
| 21-5801 | Carlos Benitez Penalosa v. United States | Ninth Circuit | 2021-09-28 | Denied | Response WaivedIFP | appellate-review appellate-waiver circuit-split criminal-sentencing miscarriage-of-justice plain-error plea-agreement sentencing-error | Did the Ninth Circuit err when it failed to find that a sentencing error can amount to a "miscarriage of justice" allowing appellate review even if th… |
| 21-5499 | Joel Reyna-Aragon v. United States | Fifth Circuit | 2021-08-30 | Denied | Response WaivedIFP | burden-of-proof court-of-appeals-division federal-sentencing-guidelines molina-martinez-v-united-states presumption-of-prejudice sentencing-error | 1. Whether an error in applying the Federal Sentencing Guidelines occasions a presumption of prejudice? 2. What is the government's burden of persuas… |
| 21-5286 | Gerald M. Calmese v. Arizona | Arizona | 2021-08-04 | Denied | IFP | conviction criminal-indictment double-jeopardy due-process essential-elements fraudulent-schemes indictment legal-sufficiency multiplicity sentencing-error | Is there legally sufficient evidence to establish beyond a reasonable doubt the required element for fraudulent schemes for which the petitioner was c… |
| 21-5185 | Lexton Pellew v. United States | District of Columbia | 2021-07-22 | Denied | Response WaivedIFP | appeal conviction-count criminal-procedure double-jeopardy due-process jury-instruction jury-instructions legal-review sentence-calculation sentencing sentencing-error | The petitioner was not charged with aiding and abetting in counts 11-14 but the court allowed the jury verdict on those counts based upon an admittedl… |
| 20-8221 | Terrence Lavaron Thomas v. Michigan | Michigan | 2021-06-03 | Denied | IFP | constitutional-rights criminal-defense due-process ineffective-assistance plea-withdrawal right-to-counsel right-to-speedy-trial sentencing sentencing-error speedy-trial | Was Defense counsel ineffective in failing to contest the sufficiency of evidence against Mr. Thomas, as he was charged with assault with a dangerous … |
| 20-7473 | Ivan Dario Obregon v. United States | Fifth Circuit | 2021-03-17 | Denied | Response WaivedIFP | appeal-waiver criminal-law criminal-sentencing due-process federal-jurisdiction federal-procedure judicial-discretion plain-error plea-agreement sentencing-error sentencing-guidelines | Are unforeseeable sentencing mistakes beyond the scope of federal appeal waivers? |
| 20-7313 | Leonard Glen Overmyer, III v. United States | Sixth Circuit | 2021-03-03 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion post-conviction-relief sentencing sentencing-error supervised-release | Whether a Defendant should be allowed to seek a reduction of, or discharge from, an imposed supervised release after being improperly sentenced, and r… |
| 20-6631 | Aaron Sebastian Redmond v. United States | Fifth Circuit | 2020-12-15 | Denied | Response WaivedIFP | advisory-sentencing constitutional-law district-court-discretion due-process federal-sentencing fifth-circuit guidelines-error harmless-error sentencing-error sentencing-guidelines | The Fifth Circuit agreed with Mr. Redmond that the district court erred when it applied the U.S. Sentencing Guidelines, which resulted in a higher adv… |
| 20-6516 | Eric Dynell McGadney v. United States | Eleventh Circuit | 2020-12-03 | Denied | Response WaivedIFP | appellate-review criminal-procedure eleventh-circuit judicial-discretion molina-martinez per-se-rule prejudice prejudicial-error sentencing-error sentencing-framework sentencing-guidelines | Whether a sentencing court's statement that it would have imposed the same sentence regardless of the Guidelines creates a per se rule that a miscalcu… |
| 20-6390 | Rigoberto Cabrera v. United States | Eleventh Circuit | 2020-11-19 | Denied | Response WaivedIFP | certificate-of-appealability due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-amount prosecutorial-misconduct sentencing sentencing-error witness-testimony | 1. Whether Cabrera made a sufficient showing that he received ineffective assistance of counsel as a result of his counsel's failure to challenge the … |
| 20-6305 | Roosevelt Leon Cooper v. United States | Eleventh Circuit | 2020-11-13 | Denied | Relisted (2)IFP | criminal-law criminal-procedure due-process felon-in-possession firearm-statute guilty-plea plain-error sentencing sentencing-error | Whether a defendant who pleaded guilty to possessing a firearm as a felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a), is automatically entitle… |
| 20-6079 | In Re Dale McKenzie | 2020-10-20 | Denied | IFP | constitutional-violation conviction-challenge criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sentencing sentencing-error trial-court-discretion unconstitutional-law void-conviction | GROUND ONE 1. Has prejudice been shown where the trial court overruled the defendant's motion for continuance to show that his prior Georgia convict… | |
| 19-8260 | Alvin Fulton v. New York | New York | 2020-04-15 | Denied | IFP | criminal-procedure double-jeopardy due-process ex-post-facto fundamental-miscarriage judicial-discretion post-release-supervision sentencing sentencing-error sex-offenses | 1. the usages and principles of law Whether the State of New York Court of Appeals has decided an important federal question in a way that conflicts w… |
| 19-7877 | Tyrone Rogers v. Josie Gastelo, Warden | Ninth Circuit | 2020-03-05 | Denied | IFP | Conflict-counsel Enhanced-sentence In-custody in-custody-determination ineffective-assistance Ineffective-assistance-of-counsel new-trial ninth-circuit-conflict procedural-default Procedural-defaults sentencing-error Sexual-elements | Has the U.S. Ninth Court of appeals entered a decision in conflict with the decisions of other U.S. court of appeals on the important subject of "se… |
| 19-7304 | Anthony Michael Salazar v. United States | Tenth Circuit | 2020-01-16 | Denied | Response WaivedIFP | case-law certificate-of-appealability criminal-procedure-appeal due-process habeas-corpus illegal-sentence incarceration judicial-review sentencing sentencing-error united-states-v-haymond | The Court of Appeals erred in denying a Certificate of Appealability when Petitioner is incarcerated on an illegally-imposed sentence in light of Unit… |
| 19-7013 | Kenneth M. Gray v. Paul S. Kemper, Warden | Seventh Circuit | 2019-12-19 | Denied | Response WaivedIFP | civil-rights confession criminal-procedure due-process false-confession false-promises ineffective-assistance interrogation no-merit-report parent-attorney post-conviction-counsel sentencing sentencing-error waiver waiver-petition | Whether post-conviction counsel failed to file a "no-merit" report. Whether detectives made false promises to illicit a confession during the interro… |
| 19-6928 | Lee Dale Lofton, Jr. v. Wendy Kelley, Director, Arkansas Department of Correction | Eighth Circuit | 2019-12-12 | Denied | Response WaivedRelisted (2)IFP | appeals civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-error sixth-amendment standing | 1. By the exception of Martinez V. Ryan (32 S.Ct. 1309 (2012), Petitioner's inability to meet the one year time limitation under CAEDPA in Habeas corp… |
| 19-6146 | Hector Rosario-Rivera v. United States | First Circuit | 2019-10-03 | Denied | Response WaivedIFP | constitutional-rights due-process due-process,sixth-amendment,fifth-amendment,ineffe fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-error sixth-amendment | Whether the Petitioner's Fifth and Six Amendment Rigths 1. violated by plain error made in calculating petitioner's were and the numerous ways that Pe… |
| 19-6086 | Luis Alberto Torres v. United States | Ninth Circuit | 2019-09-27 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof circuit-conflict criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure harmless-error sentencing sentencing-error standard-of-review | In recent years, the Court has granted certiorari to clarify how the plain-error standard of review applies to unpreserved claims of sentencing error.… |
| 19-5872 | Philip Hugh Wentzel v. United States | Seventh Circuit | 2019-09-09 | Denied | Response WaivedIFP | appeal certificate-of-appealability collateral-review constitutional-rights conviction criminal-charge criminal-procedure double-jeopardy due-process jurisdiction sentencing sentencing-error | 1. Were petitioner's double jeopardy and due process rights violated by the sponte filing (at petitioner's sentencing) of an additional criminal charg… |
| 19-5613 | Luis Samayoa-Castillo v. United States | Eleventh Circuit | 2019-08-16 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court-discretion federal-sentencing-guidelines gall-v-united-states harmless-error molina-martinez-v-united-states rosales-mireles-v-united-states sentencing sentencing-error | When the district court expressly relies upon a clearly erroneous fact in selecting its sentence, is the error harmless if there are other factors in … |
| 19-5549 | Anthony Dion Collins v. Francisco Lara, Warden | Fifth Circuit | 2019-08-09 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fundamental-defect habeas-corpus judicial-review saving-clause sentencing sentencing-error statutory-maximum | I. WHETHER A FUNDAMENTAL DEFECT IS SUFFICIENT TO SATISFY THE SAVING CLAUSE WHERE PETITIONER ERRONEOUS SENTENCE FELL BENEATH THE STATUTORY MAXIMUM? |
| 19-5505 | Jose Hernandez-Carbajal v. United States | Fourth Circuit | 2019-08-08 | Denied | Response WaivedIFP | due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment | I. Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated in the Follow? a) When Counsel Failed to file a Not… |
| 18-9844 | Garner Wood v. Les Parish, Warden | Sixth Circuit | 2019-06-27 | Denied | Response WaivedIFP | appeal appellate-procedure civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief postsentencing-motion sentencing sentencing-credit sentencing-error trial-counsel | The trial court denied Petitioner Wood's due process right under the Fourteenth Amendment by not granting his jail credit for 1930 days after assuring… |
| 18-9782 | Carlous Lindell Daily v. United States | Eighth Circuit | 2019-06-25 | Denied | Response WaivedIFP | 18-USC-924(c)(3)(B) 18-usc-924c constitutional-rights crime-of-violence ineffective-assistance ineffective-assistance-of-counsel Johnson johnson-precedent johnson-v-united-states resentencing sentencing sentencing-error statutory-interpretation statutory-maximum USSG-4B1.2 | (1). Whether The Lower Court(s) Erred In Concluding That Petitioner Did Not Suffer Ineffective Assistance Of Counsel At His Resentencing On Appeal … |
| 18-9775 | Dustin Washington v. United States | Fourth Circuit | 2019-06-24 | Denied | Response WaivedIFP | 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence | I. Whether the Fourth Circuit erred by failing to find that the District Court erred in denying Mr. Washington'S Motion to Suppress the seizure of the… |
| 18-9365 | Jose Antonio Ramirez-Jaramillo v. United States | Fifth Circuit | 2019-05-22 | Denied | Response WaivedIFP | criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error sentencing sentencing-error statutory-interpretation statutory-range substantial-rights | Whether an error in selecting the defendant's statutory range of imprisonment affects his or her substantial rights within the meaning of Federal Rule… |
| 18-9299 | Frankie Karen Washington v. Deborah Johnson, Warden | Ninth Circuit | 2019-05-16 | Denied | Response WaivedIFP | appellate-review apprendi apprendi-v-new-jersey circuit-split constitutional-review harmless-error judicial-discretion sentencing sentencing-error sixth-amendment statutory-maximum | Under Apprendi v. New Jersey 530 U.S. 466 (2000), it violates the Sixth Amendment to sentence a defendant to a higher statutory maximum term based on … |
| 18-9291 | Adrian Green v. United States | Eleventh Circuit | 2019-05-15 | Denied | Response WaivedIFP | 6th-amendment career-offender criminal-history due-process ineffective-assistance ineffective-assistance-of-counsel plain-error plea-agreement prior-convictions sentencing sentencing-error | Was defense counsel ineffective or deficient in their representation of the defendant? Whether the district court committed reversible plain error in… |
| 18-8741 | Francisco Frank Apodaca, Jr. v. United States | Fifth Circuit | 2019-04-09 | Denied | Response WaivedIFP | association-in-fact corporation enterprise enterprise-definition guilty-plea individuals ineffective-assistance legal-entity rico rico-statute sentencing-error statutory-interpretation union | 1. Can a corporation or other legal entity be associated in fact with a union or one or more individuals under the "enterprise" definition of the RICO… |
| 18-8352 | Lino Hernandez v. United States | Ninth Circuit | 2019-03-08 | Denied | Response WaivedIFP | 18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3553(a)-factors 3582(c)(2)-motion amendment-782 amendment-782-788 criminal-sentencing district-court-discretion procedural-reasonableness sentence-disparity sentence-reduction sentencing-disparities sentencing-error sentencing-guidelines statutory-interpretation | Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w… |
| 18-8176 | Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. | Third Circuit | 2019-02-28 | Denied | IFP | constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment | Petitioner's Constitutional Rights were violated when he guilty plea was not knowingly and intelligently made when the details of the guilty plea were… |
| 18-8087 | Joseph Michael Kurz v. Louisiana | Louisiana | 2019-02-25 | Denied | Response WaivedIFP | burden-of-proof capital-trial criminal-procedure due-process harmless-error judicial-discretion prosecutorial-misconduct sentencing sentencing-error standard-of-review statute-of-limitations time-limitations witness-testimony | Reasonable jurists would determine that the district court erred in allowing the State to prosecute Mr. Kurz for an allegations that the time limitati… |
| 18-8044 | Lois Brooks v. United States | Second Circuit | 2019-02-21 | Denied | Response WaivedIFP | criminal-procedure government-rights judicial-integrity judicial-proceedings mandatory-minimum plain-error sentencing sentencing-error substantial-rights | in derogation of them may constitute "plain error" under Fed. R. Crim. Pro. 52(b)? If so, did the imposition of a sentence of post-release supervisio… |
| 18-7969 | Willie Ed Smith v. Mississippi | Mississippi | 2019-02-15 | Denied | Response WaivedIFP | constitutional-rights criminal-conviction criminal-procedure due-process equal-protection habeas-corpus illegal-sentence ineffective-assistance-of-counsel judicial-misconduct legal-procedure prosecutorial-misconduct sentencing sentencing-error | WHETHER SMITH'S CONVICTION AND SENTENCE DERIVED FROM JUDICIAL MISCONDUCT? PETITIONER ANSWERS - YES. WHETHER SMITH'S CONVICTION AND SENTENCE DERIVED … |
| 18-7944 | Jerkeno Wallace v. United States | Second Circuit | 2019-02-13 | Denied | Response WaivedIFP | confrontation-clause criminal-procedure defendant-rights due-process evidence judicial-discretion non-testifying-defendant remorse remorse-consideration right-to-silence sentencing sentencing-error | WHEN COURT CONSIDERED OBSERVATIONS OF THE NON-TESTIFYING DEFENDANT AS BASIS OF PROVING NO REMORSE |
| 18-7913 | Travis Thomas v. United States | Third Circuit | 2019-02-12 | Denied | Response WaivedIFP | career-offender due-process expert-reports expert-testimony harmless-error jailhouse-call johnson-analysis johnson-v-us sentencing sentencing-error | (1) Whether the District Court's failure to conduct the analysis required by the Supreme Court in Johnson v. U.S., 135 S.Ct. 2551 (2015) before determ… |
| 18-7918 | Rutilio Hernandez v. United States | Fifth Circuit | 2019-02-12 | Denied | Response WaivedIFP | 18-usc-3553 18-usc-3553(a) 18-usc-3553a 18-usc-924 abuse-of-discretion constitutional-law criminal-procedure district-court district-court-discretion sentence-reduction sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error sufficient-but-not-greater-than-necessary | I. Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to compl… |
| 18-7399 | Gene Donta Carter v. Pennsylvania | Pennsylvania | 2019-01-14 | Denied | IFP | consecutive-sentences criminal-conspiracy drug-delivery drug-offenses due-process non-violent-crime offense-gravity offense-gravity-scores sentence-proportionality sentencing sentencing-error | THE SENTENCING CURT ERRED IN APPLYING INCORRECT OFFENSE GRAVITY SCORES IN VIOLATION OF APPELLANT'S DUE PROCESS RIGHTS BASED UPON THE UNPROVEN WEIGHT O… |
| 18-7228 | Dashawn D. Brown v. United States | Fourth Circuit | 2019-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release | 1. WHETHER THE SENTENCING COURT ERRED IN ADMITTING HEARSAY STATEMENTS AS EXCITED UTTERANCES. 2. WHETHER THE COURT ERRED IN ADMITTING HEARSAY STATEMEN… |
| 18-7086 | Alex Joe Hernandez v. United States | Tenth Circuit | 2018-12-18 | Denied | Response WaivedIFP | armed-career-criminal-act constitutional-retroactivity due-process johnson-ruling johnson-v-united-states judicial-interpretation prior-convictions residual-clause sentencing sentencing-error standing welch-v-united-states | The question in this case has arisen with great frequency in the wake of Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v. United States,… |
| 18-6767 | Brent Galbreath v. United States | Tenth Circuit | 2018-11-21 | Denied | Response WaivedIFP | armed-career-criminal-act constitutional-vagueness due-process error johnson-retroactivity johnson-v-united-states retroactivity sentencing sentencing-error violent-felony violent-felony-definition | When a Johnson v. United States, 135 S.Ct. 2551 (2015), movant would not be an armed career criminal if sentenced today, how can he show that his sent… |
| 18-6141 | Damian O'Neil Towne v. United States | Fifth Circuit | 2018-09-28 | Denied | Response WaivedIFP | appellate-waiver criminal-procedure government-objection ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-of-appeal sentencing-error sentencing-guidelines sentencing-miscalculation untimely-notice-of-appeal | THIS COURT SHOULD GRANT CERTIORARI TO RESOLVE THE QUESTION OF WHETHER A GROSS MISCALCULATION OF THE SENTENCING GUIDELINE RANGE SHOULD BE CORRECTED WHE… |
| 18-5994 | Ricky Wayne White v. Arkansas | Arkansas | 2018-09-14 | Denied | Response WaivedIFP | criminal-procedure due-process habeas-corpus judicial-error legal-relief maximum-sentence misdemeanor-enhancement sentencing sentencing-error state-court-jurisdiction state-courts | Question One: Is an error of a lower State Court in exceeding the maximum sentence legally allowed, cognizable for relief at any time? Question Tw… |
| 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… |
| 18-5787 | Danyale Sharron Tubbs v. Michigan | Michigan | 2018-08-28 | Denied | IFP | competency competency-defense due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency mental-illness plain-error procedural-default sentencing sentencing-error strickland-standard | WAS MICHIGAN'S APPLICATION OF STRICKLAND V WASHINGTON UNREASONABLE WHERE DEFENSE COUNSEL FAILED TO INVESTIGATE AND PRESNT A COMPETENCY DEFENSE IN LIGH… |
| 18-5586 | William Knight v. Florida | Florida | 2018-08-15 | Denied | IFP | abuse-of-authority appellate-procedure criminal-procedure double-jeopardy due-process habitual-offender illegal-sentence judicial-abuse judicial-authority jurisdiction sentencing sentencing-error sentencing-guidelines statutory-maximum | WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY ALLOWING THE STATE ATTORNEY OFFICE TO IMPOSE A SENTENCE CONTRARY TO THE REQUIREMENTS OF THE LAW ON DOUBL… |
| 18-5559 | Travis Michael Easter v. Brigitte Amsberry, Superintendent, Eastern Oregon Correctional Institution | Ninth Circuit | 2018-08-13 | Denied | Response WaivedIFP | criminal-sentencing criminal-sentencing-enhancement due-process factual-innocence habeas-corpus ineffective-assistance-of-counsel ineffective-counsel legal-innocence miscarriage-of-justice recidivism recidivist-enhancement recidivist-statute sentencing-error three-strikes three-strikes-law | WHETHER THE STATE OF OREGON'S IMPOSITION OF A TRUE LIFE SENTENCE UNDER A THREE STRIKES SENTENCING RECIDIVIST ENHANCEMENT STATUTE IS A MISCARRIAGE OF J… |
| 18-5280 | Patrick Lanier v. United States | Fifth Circuit | 2018-07-20 | Denied | Response WaivedRelisted (2)IFP | appeal criminal-procedure eighth-amendment fifth-circuit judicial-proceedings judicial-review manifest-miscarriage plain-error plain-error-review restitution rule-52b sentencing sentencing-error | 1. In Puckett v. United States, 556 US 129, 135 (2009) this Court held that under the fourth prong of plain error review, "[t]he Court of Appeals shou… |
| 18-5230 | John Parker Murphy v. United States | Tenth Circuit | 2018-07-17 | Denied | IFP | armed-career-criminal armed-career-criminal-act constitutional-error due-process johnson-movant johnson-v-united-states retroactivity sentencing sentencing-error statutory-interpretation welch-v-united-states | The question in this case has arisen with great frequency in the wake of Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v. United States,… |