sentencing-errors
15 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-6258 | Michael Collins Iheme v. Minnesota | Minnesota | 2025-01-10 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ineffective-counsel judicial-bias sentencing-errors | 1. A defendant who was not defended by attorney in a criminal proceeding in every legal sense projection in his trial T4 but proforma and reluctant de… |
| 23-6178 | Decardo Moore v. United States | Sixth Circuit | 2023-12-06 | Denied | Response WaivedIFP | concurrent-sentencing criminal-sentencing fact-finding intent-finding mental-health mental-illness plea-colloquy procedural-reasonableness second-degree-murder sentencing-errors substantive-reasonableness venue-insufficiency | Question I - Was there adequate consideration at sentencing of Moore's mental illness such as to make his sentence procedurally and substantively erro… |
| 23-5340 | Lewis Gilmore Hurst v. United States | Fifth Circuit | 2023-08-11 | Denied | Response WaivedIFP | 18-usc-3582 appellate-review court-of-appeals criminal-sentencing due-process fifth-circuit judicial-discretion sentencing-errors statutory-interpretation | 1. WHETHER THE COURT OF APPEALS FOR THE FIFTH CIRCUIT MAY PROHIBIT CONSIDERATION OF SENTENCING ERRORS UNDER 18 USC §3582 (c)(1)(A). |
| 22-7584 | Kahliq Williams v. United States | Fifth Circuit | 2023-05-17 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process plea-agreement policy-concerns sentencing-errors | 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… |
| 22-7569 | 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… |
| 22-7501 | Leon Caril, II v. Washington | Washington | 2023-05-09 | Denied | IFP | appeals-process criminal-procedure double-jeopardy due-process improper-witness-testimony ineffective-assistance-of-counsel legal-errors sentencing-errors sentencing-review sixth-amendment witness-testimony | 1. an as an Jvshce [A deciding Prosecuterial Vindiot veness OF appeals a ys want jvstee ta dec? " PTesecutecs 2. fA cidiag oX two Count ConyicHea Sor… |
| 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… |
| 21-6901 | Wilbert Mathes v. United States | Fifth Circuit | 2022-01-18 | Denied | Response WaivedIFP | appellate-counsel certificate-of-appealability criminal-procedure drug-quantity drug-quantity-enhancement evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel leadership-enhancement sentencing sentencing-errors | Whether the Fifth Circuit's denial of a certificate of appealability, where the district court erred or alternatively abused its discretion by conclud… |
| 20-8236 | Brady Lee Ray v. Kentucky | Kentucky | 2021-06-07 | Denied | IFP | criminal-procedure direct-appeal due-process first-degree-robbery fourteenth-amendment kentucky-supreme-court sentencing-errors supreme-court-rule uscs-supreme-court-rule-10 wanton-endangerment | Did Kentucky Supreme Court Violate Section C of USC S of Supreme Ct. R. 10 and therefore the Fourteenth Amendment of the United States Constitution w… |
| 19-8256 | Jerry Browdy v. United States | Eleventh Circuit | 2020-04-14 | Denied | Response WaivedIFP | appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judicial-review motion-for-acquittal sentencing-errors sufficiency-of-evidence | I. CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED BROWDY'S CONVICTIONS WHERE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT BROWDY'… |
| 19-7945 | Zacharias Abab Aguedo v. United States | Eleventh Circuit | 2020-03-11 | Denied | Response WaivedIFP | appeals appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judgment-of-acquittal sentencing sentencing-errors sufficiency-of-evidence | I. CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED AGUEDO'S CONVICTIONS WHERE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT AGUEDO'… |
| 19-7625 | Robert L. Swinton, Jr. v. Florida | Florida | 2020-02-12 | Rehearing | Response WaivedRelisted (2)IFP | appeal constitutional-rights criminal-procedure criminal-procedure-appeal due-process ineffective-assistance-of-counsel right-to-counsel sentencing sentencing-errors sentencing-guidelines sixth-amendment structural-error | (1) Is it structural error when sentencing errors were corrected by appeals court on direct appeal without defense counsel, and a constitutional denia… |
| 18-6180 | Brian Deronceler v. United States | Eleventh Circuit | 2018-10-02 | Denied | Response WaivedIFP | appeal appellate-review criminal-conviction criminal-procedure district-court due-process eleventh-circuit insufficient-evidence judgment-of-acquittal motion-for-acquittal sentencing sentencing-errors sufficiency-of-evidence | I. CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT AFFIRMED DERONCELER'S CONVICTIONS WHERE THE EVIDENCE WAS INSUFFICIENT TO SUPPORT DER… |
| 18-5538 | Shawn J. Gieswein v. United States | Tenth Circuit | 2018-08-09 | Denied | Response WaivedRelisted (2)IFP | appellate-review criminal-procedure criminal-sentencing guidelines molina-martinez-v-united-states peugh-v-united-states sentencing sentencing-errors sentencing-guidelines tenth-circuit volina-martinez-v-united-states | Whether the United States Court of Appeals for the Tenth Circuit erroneously speculated in conflict with the principles enunciated by this Court in Mo… |