| 25-6718 |
Otto Melvin Ramirez v. United States |
Fifth Circuit |
2026-02-04 |
Pending |
Response WaivedIFP |
circuit-split deportable-alien individualized-finding sentencing-factors statutory-interpretation supervised-release |
Whether a district court violated 18 U.S.C. § 3583(c) and U.S.S.G. § 5D1.1(c) by imposing a term of supervised release on a deportable defendant witho… |
| 25-905 |
Andrew J. Johnston v. United States |
Seventh Circuit |
2026-02-02 |
Pending |
Response RequestedResponse Waived |
appellate-review criminal-procedure final-sentence motion-denial sentence-reduction sentencing-factors |
1. Whether an appeal from an order partially denying a Federal Rule of Criminal Procedure 35(b) motion for sentence reduction is an appeal from "an ot… |
| 25-6653 |
Randy Campos v. United States |
Fifth Circuit |
2026-01-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court sentencing-factors statutory-interpretation supervised-release |
Did the district court obviously err by considering the retributive factors under 18 U.S.C. § 3553(a)(2)(A), in violation of Esteras v. United States,… |
| 25-6416 |
Omar Anthony Quintero-Arias v. United States |
Ninth Circuit |
2025-12-22 |
Denied |
Response WaivedIFP |
appellate-review circuit-split harmless-error sentencing-factors statutory-interpretation supervised-release |
Though district courts have discretion to impose appropriate conditions of supervised release, that discretion is limited by 18 U.S.C. § 3583. See Con… |
| 25-5470 |
Hombra Lavail Williams v. United States |
Eighth Circuit |
2025-08-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-procedure district-court-discretion esteras-precedent sentencing-factors statutory-interpretation supervised-release |
Whether, in light of this Court's decision in Esteras v. United States, 145 S. Ct. 2031 (2025) and in order to maintain uniform application of this Co… |
| 25-5283 |
Deandre Blackman v. United States |
Sixth Circuit |
2025-08-05 |
Denied |
Response WaivedIFP |
criminal-procedure judicial-discretion revocation-hearing sentencing-factors statutory-interpretation supervised-release |
Whether courts may rely on the 18 U.S.C. § 3553(a)(2)(A) factors when determining the length and conditions of additional supervision following a supe… |
| 24-7316 |
Miguel Yepson-Cortez v. United States |
Fifth Circuit |
2025-05-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 24-7041 |
Javier A. Rodriguez v. United States |
Third Circuit |
2025-04-21 |
Denied |
Response WaivedIFP |
criminal-sentencing district-court-discretion reasonableness-review sentencing-factors sentencing-guidelines variance |
1. May the district court determine the extent of the appropriate variance without
first correctly calculating the initial Guidelines range?
2. May … |
| 24-5995 |
Manuel Espinoza-Camacho v. United States |
Fifth Circuit |
2024-11-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-split judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 24-5588 |
Deven L. Smith v. United States |
Sixth Circuit |
2024-09-20 |
Denied |
Response WaivedIFP |
abuse-of-discretion career-offender criminal-history downward-departure sentencing-factors sentencing-guidelines |
QUESTION NO. I:
Whether the Sixth Circuit 's decision affirming the judgment of the district court was
error, where one of Defendant-Appellant 's pre… |
| 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… |
| 23-7483 |
Edgardo Esteras v. United States |
Sixth Circuit |
2024-05-15 |
Judgment Issued |
Amici (1)Response RequestedResponse WaivedRelisted (4)IFP |
18-usc-3553 18-usc-3583 circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors statutory-interpretation supervised-release |
Even though Congress excluded section 3553(a)(2)(A) from section 3583(e)'s list of factors to consider when revoking supervised release, may a distric… |
| 23-7471 |
Shauntavus Berklin v. United States |
Eleventh Circuit |
2024-05-14 |
Denied |
Response WaivedIFP |
appeal criminal-appeal criminal-procedure district-court due-process eleventh-circuit evidence federal-sentencing-guidelines gun-accountability sentencing sentencing-factors sentencing-guidelines |
1. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN AFFIRMING THE DISTRICT COURT'S DENIAL OF BERKLIN'S OBJECTION TO THE… |
| 23-7309 |
Jessie Vasquez v. United States |
Ninth Circuit |
2024-04-26 |
Denied |
Response WaivedIFP |
18-usc-3582 3553a-factors abuse-of-discretion concepcion-v-united-states crack-cocaine criminal-sentencing discretionary-review first-step-act sentence-reduction sentencing-factors |
1. The question presented here is whether the District Court abused its discretion or erred when Mr. Vasquez qualified for a sentence reduction, he as… |
| 23-6989 |
Lenroy McLean v. United States |
Second Circuit |
2024-03-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion co-defendants compassionate-release criminal-sentencing due-process equal-protection federal-procedure judicial-discretion post-conviction-relief sentencing-factors |
Whether the lower court properly applied the evaluation of the sect. 3553 factors among differently situated co-defendant to denied Petitioner's compa… |
| 23-6884 |
Alexander Yoichi Duberek v. United States |
Fifth Circuit |
2024-03-04 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure due-process judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 23A447 |
Constance Eileen Caswell v. Colorado |
Colorado |
2023-11-17 |
Presumed Complete |
|
apprendi-rule elements-of-offense jury-trial prior-conviction sentencing-factors sixth-amendment |
This application does not contain a traditional "Question(s) Presented" section. The document is an Application for an Extension of Time to File a Pet… |
| 23-5276 |
German Martinez v. United States |
Fifth Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-guidelines sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 23-5137 |
Joshua Christopher Stockstill v. United States |
Fifth Circuit |
2023-07-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court-discretion due-process federal-sentencing-guidelines section-3553a-factors sentencing sentencing-factors sentencing-guidelines sentencing-reasonableness |
Whether the district court ordered a substantively unreasonable 30-year
prison sentence. |
| 23-5055 |
Erick De Jesus-Torres v. United States |
First Circuit |
2023-07-07 |
Denied |
Response WaivedIFP |
aiding-and-abetting appellate-review downward-variance gall-v-united-states kimbrough-v-united-states meaningful-explanation policy-considerations sentencing-court sentencing-enhancement sentencing-factors sentencing-guidelines |
Whether a sentencing court must provide a reasonable explanation, on the record, as to why it is not considering a sentencing factor, particularly an … |
| 22-7725 |
James Earl Green, Jr. v. United States |
Fifth Circuit |
2023-06-07 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness-review sentencing sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 22-7567 |
Enrique Infante, Jr. v. United States |
Ninth Circuit |
2023-05-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 compassionate-release extraordinary-and-compelling extraordinary-compelling-reasons judicial-discretion medical-care sentencing sentencing-factors statutory-interpretation |
(1) Whether inadequate medical care for a treatable illness
is a categorically insufficient basis to qualify as an
extraordinary and compelling reason… |
| 22-6844 |
Eladio Loya-Palma v. United States |
Fifth Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 22-6560 |
Candido Gomez-Santacruz v. United States |
Fifth Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
18-usc-3553a district-court-discretion federal-sentencing gall-v-united-states imprisonment-duration prior-term-of-imprisonment sentencing sentencing-factors sentencing-guidelines statutory-interpretation substantive-reasonableness |
In light of its nuanced, holistic approach to federal sentencing, whether a district court may, consistent with § 3553(a)'s plain text, treat the dura… |
| 22-6429 |
Robert McKenna v. United States |
First Circuit |
2022-12-30 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3553a appellate-review criminal-history district-court-discretion due-process public-safety sentencing sentencing-factors sentencing-reasonableness |
I. Whether it was procedurally and substantively reasonable for the
sentencing court to a) recite statutory sentencing rationale by rote
recitation wi… |
| 22-6326 |
Mark A. White v. United States |
Seventh Circuit |
2022-12-16 |
Denied |
Response WaivedIFP |
constitutional-interpretation due-process illegal-detention judicial-error mcmillan-v-pennsylvania sentencing-factors sixth-amendment substantive-due-process |
1. Whether the Justices of the 1986 Supreme Court "deviation " from clearly established law and
the original meaning of the Constitution violated the… |
| 22-6293 |
Dkyle Jamal Bridges v. United States |
Third Circuit |
2022-12-13 |
Denied |
Response WaivedIFP |
4th-amendment automobile-exception confrontation-clause confrontation-right fourth-amendment franks-hearing plain-view sentencing-factors sex-trafficking testimonial-hearsay |
1. Did the automobile exception to the Fourth Amendment justify the warrantless search of Petitioner's vehicle, which had in plain view only innocuous… |
| 22-5998 |
Jeffrey Wingate v. United States |
Sixth Circuit |
2022-11-07 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3553 bureau-of-prisons criminal-procedure due-process mitigating-evidence rule-35 rule-35-resentencing sentencing sentencing-factors |
1) Whether due process is violated when, in the event a defendant
submits mitigating evidence in a rule 35 (b) resentencing that has a
connection to… |
| 22-5017 |
Travaris Devon Bishop v. United States |
Fifth Circuit |
2022-07-01 |
Denied |
Response WaivedIFP |
18-USC-3553(a) criminal-procedure criminal-sentencing district-court-discretion due-process sentencing-factors sentencing-guidelines statutory-maximum substantive-reasonableness |
Whether the district court ordered a substantively unreasonable statutory maximum sentence of 120 months in prison, when the Guidelines range was only… |
| 21-8277 |
Matthew Michael Cimino v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-guidelines standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 21-8213 |
James York v. United States |
Ninth Circuit |
2022-06-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion administrative-remedies asthma compassionate-release covid-19 criminal-procedure discretionary-review federal-corrections sentencing-factors |
Whether the District Court Abused its Discretion by Denying Mr. York's Motion for Compassionate Release? |
| 21-7951 |
Omar Sierre Folk v. United States |
Third Circuit |
2022-05-24 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 3582-motion community-safety compassionate-release criminal-sentencing danger-to-community district-court due-process sentence-reduction sentencing-factors third-circuit |
Whether the Third Circuit or District Court Erred in Denying Petitioner § 3582(c)(1)(A) Release or Reduction of Sentence Due to Danger To The Communit… |
| 21-7958 |
Oscar Luna-Aquino v. United States |
Ninth Circuit |
2022-05-24 |
Denied |
Amici (1)Response WaivedIFP |
aggravated-offense criminal-intent criminal-law drug-importation mens-rea sentencing-factors statutory-elements statutory-sentencing |
Whether a mens rea applies to the drug-type-and-quantity elements of an aggravated drug importation offense, where those elements substantially increa… |
| 21-7804 |
Charles Austin Alger, Jr. v. United States |
Fourth Circuit |
2022-05-09 |
Denied |
Response WaivedIFP |
deprivation deprivation-of-liberty financial-conditions liberty policy-statements sentencing sentencing-commission sentencing-factors statutory-interpretation supervised-release |
Whether the district court violated 18 U.S.C. § 3583(d) when it imposed special financial conditions of supervised release that do not reasonably rela… |
| 21-1282 |
Christopher Ryan Martin v. Nevada |
Nevada |
2022-03-23 |
Denied |
Response Waived |
6th-amendment apprendi-doctrine civil-rights criminal-sentencing due-process jury-trial prior-convictions sentence-enhancement sentencing-factors sixth-amendment |
I. Whether this Court should overrule Almendarez-Torres in light of Apprendi and its progeny.
II. Whether Nevada's use of prior convictions for enhan… |
| 21-7269 |
Joseph Peter Clarke v. United States |
Eleventh Circuit |
2022-03-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion covid-19 criminal-history downward-variance drug-offenses juvenile-offenses sentencing-factors sentencing-guidelines stash-house-robbery |
Issue 1: Whether the appellate court erred affirming the district court's abuse of discretion in overruling petitioner's objections to the PSI Report … |
| 21-7169 |
Latwon James v. United States |
Fourth Circuit |
2022-02-22 |
Denied |
Response WaivedRelisted (2)IFP |
appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver |
I. Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a provision in Mr. James's plea agreement waiving his right to appeal … |
| 21-7134 |
Anthony Jerome Bell v. United States |
Eleventh Circuit |
2022-02-16 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 circuit-split compassionate-release district-court-discretion extraordinary-reasons first-step-act intervening-developments legal-developments sentencing sentencing-factors |
In denying a motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A) for "extraordinary and compelling reasons" after considering the factors… |
| 21-7054 |
Ervin Walker, Jr. v. United States |
Eleventh Circuit |
2022-02-03 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 abuse-of-discretion compassionate-release criminal-procedure district-court-discretion sentencing-factors sentencing-guidelines sentencing-reduction ussg-1b1.13 |
Whether the District Court abused its discretion when it denied Petitioner's Motion for Compassionate Release under 18 USC § 3582 (c)(1)(A), after it … |
| 21-6941 |
Tracy Vaughn v. United States |
Eighth Circuit |
2022-01-21 |
Denied |
Relisted (3)IFP |
18-usc-3553(a) 18-usc-3553a crack-cocaine criminal-resentencing criminal-sentencing district-court-discretion first-step-act sentencing-factors sentencing-reduction statutory-interpretation |
Whether, in deciding whether to impose a reduced sentence for a crack cocaine offense under Section 404(b) of the First Step Act, a district court mus… |
| 21-6671 |
Valente Arias-Avila v. United States |
Fifth Circuit |
2021-12-20 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-sentencing due-process federal-sentencing gall-v-united-states judicial-discretion sentencing-factors standard-of-review |
I. When conducting their substantive-reasonableness review of sentences, can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a), a… |
| 21-6584 |
Gregory Donell Eatmon v. United States |
Eleventh Circuit |
2021-12-13 |
GVR |
Relisted (2)IFP |
18-u.s.c.-3553(a) criminal-procedure district-court-discretion first-step-act section-404(b) sentencing sentencing-factors sentencing-guidelines statutory-interpretation u.s.-sentencing-guidelines |
This Court recently granted certiorari in Concepcion v. United States, No. 201650, on the question of whether, when deciding if it should "impose a re… |
| 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 … |
| 21-6144 |
Johnnie Sims v. United States |
Fifth Circuit |
2021-11-02 |
GVR |
Relisted (2)IFP |
18-usc-3553 18-usc-3553a criminal-sentencing discretionary-review district-court-discretion first-step-act individualized-explanation sentence-reduction sentencing-factors statutory-interpretation |
(1) Are district courts required to consider the sentencing factors listed in 18 U.S.C. § 3553(a) when deciding whether to impose a reduced sentence u… |
| 21-6009 |
Jose Moyhernandez, aka Yindo v. United States |
Second Circuit |
2021-10-19 |
GVR |
Relisted (2)IFP |
circuit-split crack-cocaine criminal-resentencing criminal-sentencing first-step-act sentence-reduction sentencing-factors statutory-interpretation |
Whether a sentencing court must consider applicable sentencing
factors codified in 18 U.S.C. § 3553(a) when deciding whether to
"impose a reduced sent… |
| 21-5970 |
Fredrick Devone Flemming v. United States |
Fourth Circuit |
2021-10-15 |
Denied |
Response WaivedIFP |
alleyne-v-united-states apprendi-v-new-jersey constitutional-law criminal-procedure due-process juvenile-delinquency prior-conviction sentencing-factor sentencing-factors sixth-amendment stare-decisis |
In Almendarez-Torres v. United States, 523 U.S. 224 (1998), this Court held that the fact of a prior conviction was a "sentencing factor," not an "ele… |
| 21-5899 |
Joseph Vasquez, Jr. v. United States |
Ninth Circuit |
2021-10-05 |
Denied |
Response WaivedIFP |
career-offender guidelines individualized-sentencing judicial-discretion sentencing-factors sentencing-guidelines sentencing-reasonableness sentencing-review substantive-reasonableness substantive-review |
Whether a below guidelines sentence can still result in a
substantively unreasonable sentence? |
| 21-5348 |
James H. Bates v. United States |
Fifth Circuit |
2021-08-12 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553a criminal-sentencing discretionary-review district-court-discretion first-step-act individualized-explanation section-404 sentencing-factors statutory-interpretation |
(1) Are district courts required to consider the sentencing factors listed in 18 U.S.C. § 3553(a) when deciding whether to impose a reduced sentence u… |
| 21-5350 |
Bobby Earl Keys v. United States |
Fifth Circuit |
2021-08-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review compassionate-release criminal-procedure district-court-discretion due-process prisoner-release sentencing sentencing-factors standard-of-review statutory-interpretation |
DID THE FIFTH CIRCUIT COURT OF APPEALS APPLIED THE WRONGED APPELLATE
STANDARD OF REVIEW TO CLAIM THAT DISTRICT COURT COMMITTED STATUTORY ERROR
UNDER 1… |
| 21-5314 |
Thomas Brantley Jenkins, II v. United States |
Fourth Circuit |
2021-08-09 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-3582 compassionate-release criminal-sentencing district-court-review judicial-discretion motion-analysis primary-contentions sentencing-factors statutory-interpretation written-findings |
WHEN RULING ON A MOTION FOR COMPASSIONATE RELEASE UNDER 18 U.S.C. § 3582(c)(1)(A), DOES A DISTRICT COURT FULLY CONSIDER THE FACTORS SET FORTH IN 18 U.… |
| 21-5233 |
Abel Guillermo Godoy v. United States |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure criminal-prosecution due-process elements-of-crime jury-determination legal-precedent prior-conviction prior-convictions sentencing sentencing-factors sixth-amendment |
In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 21-5047 |
Michael Carter v. United States |
Fifth Circuit |
2021-07-08 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553a criminal-procedure criminal-sentencing discretionary-review district-court-discretion first-step-act individualized-explanation sentence-reduction sentencing-factors statutory-interpretation |
(1) Are district courts required to consider the sentencing factors listed in 18 U.S.C. § 3553(a) when deciding whether to impose a reduced sentence u… |
| 20-8405 |
Robert Allen Vestal v. United States |
Fifth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-1479 |
Eddie Houston, Jr. v. United States |
Ninth Circuit |
2021-04-21 |
GVR |
Amici (2)Relisted (2) |
18-usc-3553(a) 18-usc-3553a criminal-resentencing criminal-sentencing first-step-act judicial-discretion reduced-sentence retroactive-sentencing sentencing-factors statutory-interpretation |
Whether a sentencing court must consider applicable sentencing factors codified in 18 U.S.C. § 3553(a) when deciding whether to impose a reduced sente… |
| 20-7581 |
Michael Hernandez v. Florida |
Florida |
2021-03-26 |
Denied |
IFP |
constitutional-rights fact-finding first-amendment judicial-discretion juvenile-sentencing life-sentence mandatory-minimum sentencing-factors sixth-amendment trial-judge |
1. Whether Florida's juvenile sentencing statute - which mandates a life sentence if a certain finding is made and prohibits that sentence when that f… |
| 20-7465 |
Johnny Andres Asuncion, III v. United States |
Ninth Circuit |
2021-03-16 |
Denied |
Response WaivedIFP |
carachuri-rosendo-v-holder criminal-sentencing felony-drug-offense mandatory-minimum ninth-circuit-precedent predicate-offense recidivism sentencing-factors sentencing-guidelines statutory-interpretation |
The District Court Judge sentenced the Petitioner to life in prison for Possession with Intent to Distribute Methamphetamine , 21 U.S.C. Sect. 841(a)(… |
| 20-7409 |
Eduardo Pena-Garcia v. United States |
Fifth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-7276 |
Russell Lawayne Montague v. United States |
Fifth Circuit |
2021-03-01 |
Denied |
Response WaivedIFP |
controlled-substance criminal-procedure due-process protective-order sentencing-disparities sentencing-factors sentencing-guidelines sentencing-review supervised-release |
1) Whether the district court ordered an unreasonably long 114-month prison sentence.
2) Whether the district court erred by finding Mr. Montague gui… |
| 20-7079 |
Lorenzo Liwayne Barnes v. United States |
Fourth Circuit |
2021-02-08 |
Denied |
Response WaivedIFP |
appeal-rights criminal-appeal criminal-procedure drug-crimes due-process fourth-circuit ineffective-assistance ineffective-assistance-of-counsel narcotics-distribution perjury sentencing sentencing-factors |
Whether the United States Court of Appeal 4th Circuit violated the United States V McCarthy Rule.
Whether the United States Court of Appeal 4th Circu… |
| 20-6674 |
Tony Chevallier v. United States |
Fourth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
criminal-acts criminal-procedure drug-trafficking due-process judicial-discretion jury-conviction sentencing-factors sentencing-guidelines statutory-range uncharged-conduct |
I. When are trial judges prohibited from considering as sentencing factors criminal acts that a defendant was neither charged nor convicted of? And in… |
| 20-6474 |
Pedro Fermin Barajas v. United States |
Fifth Circuit |
2020-11-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-6442 |
Jonair Tyreece Moore v. United States |
Eighth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
18-usc-3553a circuit-split crack-cocaine discretionary-reduction district-court first-step-act racial-disparity sentencing-factors |
Whether a district court must consider the sentencing factors of 18 U.S.C. § 3553(a) when determining whether to impose a reduced sentence for a crack… |
| 20-5903 |
Christopher Younger v. United States |
Fifth Circuit |
2020-10-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing district-court-discretion due-process federal-sentencing-law prison-sentence reasonableness-review sentencing-factors sentencing-guidelines substantive-reasonableness |
Whether the district court ordered an unreasonable 120-month prison sentence under the facts of this case, and considering the recommended Sentencing … |
| 20-5720 |
Martin Garcia-Moreno v. United States |
Ninth Circuit |
2020-09-16 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment |
In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction n… |
| 20-5655 |
Casye Necole Richardson v. United States |
Fifth Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-5108 |
Salvador Ojeda-Amarillas v. United States |
Ninth Circuit |
2020-07-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure firearms-enhancement leadership-role necessity necessity-requirement sentencing-enhancement sentencing-factors sentencing-guidelines waiver wiretap wiretap-application |
1. Whether the Court of Appeals erred in finding the July 2006 wiretap application met the necessity requirements and whether it erred in holding Mr. … |
| 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… |
| 19-8683 |
Edgardo Grande v. United States |
Fifth Circuit |
2020-06-12 |
Denied |
Response WaivedIFP |
18-usc-3553a appeal-waiver fairness-integrity-public-reputation judicial-proceedings plea-agreement sentencing sentencing-factors substantial-rights unconscionability unconscionable-contract |
1. Whether the waiver of appeal rights contained in the Plea Agreement is unenforceable since the Plea Agreement is invalid because it is an unconscio… |
| 19-8390 |
Do Kyun Kim v. United States |
Fifth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-courts judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-8137 |
Rafael Posadas-Gonzalez v. United States |
Fifth Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing federal-sentencing procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness upward-departure |
Whether the District Court and Court of Appeals misapplied the law under U.S.S.G § 4A1.3 and 18 U.S.C. § 3553 (a) sentencing factors in granting an up… |
| 19-8065 |
Reinaldo Vasquez-Rivera v. United States |
First Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
appellate-review district-court-discretion guidelines-range procedural-reasonableness sentencing-factors sentencing-guidelines standard-of-review substantive-reasonableness supervised-release |
Question not identified. |
| 19-8027 |
Javier Gomez-Carrasquillo v. United States |
First Circuit |
2020-03-18 |
Denied |
Response WaivedIFP |
18-usc-3553(a) circuit-review criminal-procedure criminal-sentencing individualized-assessment plea-agreement procedural-reasonableness puerto-rico-crime sentencing-factors sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Question not identified. |
| 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… |
| 19-7470 |
Agustin Martinez-Lopez v. United States |
Fifth Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
18-usc-3553a appellate-review appellate-standard circuit-split criminal-procedure criminal-sentencing criminal-sentencing,appellate-review,18-usc-3553(a federal-sentencing gall-v-united-states judicial-discretion sentencing sentencing-factors sentencing-review statutory-interpretation substantive-reasonableness |
L When conducting their substantive-reasonableness review of sentences, can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a), as… |
| 19-7427 |
Rodolfo Perez-Jimenez v. United States |
Fifth Circuit |
2020-01-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference due-process federal-sentencing judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 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(… |
| 19-7092 |
Laforest Carmichael, aka LaForrest Carmichael v. United States |
Eleventh Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a circuit-split mandatory-revocation sentencing-factors statutory-maximum substantive-reasonableness supervised-release |
Should this Court resolve the current circuit split over whether a sentencing judge must consider the 18 U.S.C. § 3553(a) sentencing factors when impo… |
| 19-7105 |
Miguel Jilberto Vazquez-Chavarria v. United States |
Fifth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
18-usc-3553a abuse-of-discretion appellate-review criminal-sentencing due-process judicial-discretion remand sentencing-factors sentencing-guidelines sentencing-review statutory-interpretation substantive-reasonableness |
1. Whether substantive reasonableness review requires or permits the courts of appeals to "reweigh the [18 U.S.C. §3553(a)] factors"?
SUBSIDIARY QUES… |
| 19-6882 |
Zackary Ikaika Bryton Thompson v. United States |
Fifth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference due-process judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-665 |
John Doe v. United States |
Fifth Circuit |
2019-11-25 |
Denied |
Response WaivedRelisted (2) |
18-usc-3553 18-usc-3553a criminal-procedure district-court district-court-discretion federal-rules-of-criminal-procedure rule-35 rule-35b sentence-reduction sentencing sentencing-factors substantial-assistance |
1. May a district court deny a government's Federal Rule of Criminal Procedure 35(b) motion for reduction of sentence based on substantial assistance … |
| 19-6650 |
Fidel Rios, Jr. v. United States |
Eighth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
18-usc-3553a 8th-circuit criminal-procedure criminal-sentencing district-court downward-variance guidelines judicial-discretion life-circumstances sentencing sentencing-factors sentencing-guidelines u-s-code |
Whether the 8th Circuit Court of Appeals and District Court for the Southern District of Iowa failed to adequately consider the sentencing factors set… |
| 19-6415 |
Jose Eleuterio Nava v. United States |
Fifth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference district-court due-process judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-6322 |
Kelvin Miles v. Mark S. Inch, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2019-10-22 |
Denied |
Response WaivedIFP |
alleyne alleyne-vs-united-states apprendi confrontation confrontation-clause constitutional-rights criminal-procedure due-process evidence evidence-destruction fair-trial hearsay sentencing sentencing-enhancement sentencing-factors |
1. DID THE PRE-TRIAL DESTRUCTION OF EVIDENCE BY THE STATE
DENY THE PETITIONER HIS RIGHT TO DUE PROCESS AND A FAIR
TRIAL, THUS DENYING HIM THE ONLY EV… |
| 19-6288 |
Ron Christopher Whitley v. United States |
Fourth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a appellate-review criminal-procedure criminal-sentencing drug-case drug-offense drug-offenses judicial-discretion proportionality-review sentencing-departure sentencing-factors sentencing-guidelines |
Whether the 156-month sentence is greater than necessary to comply with the purposes of sentencing under 18 U.S.C. § 3553(a) where the district court … |
| 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 … |
| 19-6036 |
Arturo Eduardo Dominguez-Calderon v. United States |
Fifth Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
appellate-review courts-of-appeals criminal-procedure criminal-sentencing due-process holguin-hernandez-v-united-states judicial-discretion remand sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review requires or permits the courts of appeals to "reweigh the sentencing factors"?
SUBSIDIARY QUESTION: Whether… |
| 19-5922 |
Pedro Munoz, aka Pedro Munoz Ruiz v. United States |
Fifth Circuit |
2019-09-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference district-court federal-courts-of-appeals federal-sentencing judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 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. |
| 19-5624 |
Zachary William Hicks v. United States |
Ninth Circuit |
2019-08-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing due-process hicks-factors ineffective-assistance judicial-review sentencing-factors sentencing-guidelines sentencing-review sixth-amendment trial-court-discretion |
Whether the Trial Court Imposed an Unreasonable Sentence by Failing to Adequately Consider Hicks' Factors and Whether Trial Counsel Rendered Ineffecti… |
| 19-5448 |
Antolin Torres Abonza v. United States |
Fifth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing deference due-process federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness substantive-reasonableness-review |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-5412 |
Jean Claude Phillip McKenzie v. United States |
Sixth Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 6th-circuit appellate-review criminal-procedure criminal-sentencing district-court history-and-characteristics judicial-discretion nature-and-circumstances sentencing sentencing-factors sentencing-guidelines sentencing-variance |
WHETHER THE SIXTH CIRCUIT COURT OF APPEALS SUFFICIENTLY DETERMINED THAT THE DISTRICT COURT'S UPWARD VARIANCE IN ITS SENTENCING OF PETITIONER BY 31 MON… |
| 19-5279 |
Miguel Esparza-Salazar v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure illegal-entry prior-convictions sentencing sentencing-factors sixth-amendment statutory-interpretation statutory-maximum |
This case presents the issue of whether a criminal defendant charged with illegal entry, pursuant to 8 U.S.C. § 1326(b)(1) and (2), is entitled to not… |
| 19-5071 |
Erwin Burley v. United States |
Eleventh Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure criminal-sentencing district-court district-court-discretion eleventh-circuit judicial-discretion sentencing-explanation sentencing-factors sentencing-guidelines supervisory-power upward-variance |
Whether this Court should exercise its supervisory power and grant review because the Eleventh Circuit has permitted an upward variance sentence almos… |
| 18-9819 |
Jose Francisco Rodriguez-Reyes v. United States |
First Circuit |
2019-06-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion arrest-consideration arrests-without-convictions criminal-sentencing district-court-discretion due-process excessive-sentence procedural-error sentencing-factors sentencing-guidelines sentencing-methodology substantive-error substantive-review |
I. WHETHER THE DISTRICT COURT'S SENTENCING METHODOLOGY WAS PROCEDURALLY AND SUBSTANTIVELY SOUND AND THAT THE DISTRICT COURT DID NOT ABUSE ITS DISCRETI… |
| 18-9589 |
Nicholas Bradley Gilbert v. United States |
Fifth Circuit |
2019-06-07 |
GVR |
IFP |
appellate-review criminal-penalties criminal-procedure criminal-procedure-sentencing district-court district-court-discretion felon-possession interstate-commerce sentencing sentencing-factors sentencing-guidelines sentencing-review substantive-reasonableness |
1. Whether substantive reasonableness review requires or permits the courts of appeals to "substantively second guess" the district court and/or to "r… |
| 18-9370 |
Mark A. Blankenship v. United States |
Ninth Circuit |
2019-05-21 |
Denied |
Response WaivedIFP |
appellate-jurisdiction criminal-procedure district-court district-court-determination fed-r-crim-p-35(b) federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-review reduced-sentence sentence-reduction sentencing sentencing-factor sentencing-factors |
Does appellate jurisdiction lie from a district court's determination that a particular sentencing factor is relevant to the imposition of a reduced s… |
| 18-9270 |
Manuel Antonio Rodriguez v. Florida |
Florida |
2019-05-15 |
Denied |
IFP |
14th-amendment 8th-amendment capital-murder capital-murder-elements-as-sentencing-factors due-process eighth-amendment florida-supreme-court foster-v-state fourteenth-amendment precedent sentencing-factors |
1. Whether the Florida Supreme Court's rationale in Foster v. State, 258 So. 3d 1248 (Fla. 2018), mirrors the overruled rationale of Hildwin v. Florid… |
| 18-9121 |
Jerry L. Gater v. United States |
Eighth Circuit |
2019-05-03 |
Denied |
Response WaivedIFP |
criminal-procedure due-process faretta-v-california jury-trial-guarantee nelson-v-colorado presumption-of-innocence pro-se right-to-counsel sentencing-factors voir-dire |
I.
UNDER FARETTA V CALIFORNIA DOES A DEFENDANT 'HAVE A RIGHT
WHEN PROCEEDING 'PRO SE TO PARTICIPATE IN VOIR DIRE?
II.
DOES
THE PRESUMPTION OF INNOCEN… |
| 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.… |
| 18-8759 |
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… |
| 18-8531 |
Omar Sharif Beasley v. United States |
Eighth Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
appellate-review assistance-evaluation court-of-appeals fair-sentencing judicial-discretion reasonableness-of-sentence record-of-reasons record-of-sentencing-reasons sentence-reasonableness sentencing-factors sentencing-guidelines sentencing-guidelines-and-policies statutory-factors statutory-sentencing-factors |
I. Did the District Court For The District of Minnesota (district court) fail to give proper consideration to sentencing guidelines and policies while… |
| 18-8504 |
John Whaley v. United States |
Second Circuit |
2019-03-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process imprisonment procedural-reasonableness reasonableness sentencing sentencing-factors sentencing-guidelines supervised-release |
Whether, on remand, imposition of the same twenty-five year term of imprisonment and maximum ter superviselease was bot procurally n ubstantively rabl… |
| 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 … |
| 18-8362 |
Pedro Rodriguez-Cortez v. United States |
Ninth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
18-usc-3553 9th-circuit appellate-review criminal-sentencing federal-sentencing-guidelines immigration-offense sentencing-factors sentencing-guidelines sentencing-reasonableness substantive-reasonableness supervised-release |
Whether a combined 70-month sentence on an immigration offense and the underlying supervised release violation was substantively unreasonable? |
| 18-8268 |
Alandis D. Patterson v. United States |
Fourth Circuit |
2019-03-06 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-history criminal-procedure drug-possession due-process presentence-investigation sentencing-factors sentencing-guidelines sentencing-variance sexual-abuse |
1. Did the trial court err in overruling the Petitioner's objection to the
Application of a two-level increase pursuant to U.S.S.G. Section 2G1.1(c)(1… |
| 18-8165 |
Michael J. Galvan v. United States |
Fifth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 18-7995 |
Rodney Martin v. United States |
Sixth Circuit |
2019-02-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion procedural-error reasonableness-of-sentence section-3553a sentencing sentencing-factors sentencing-guidelines |
L The trial court sentenced Mr. Martin to 168 months in prison, but the court did not adequately address Mr. Martin's arguments or the Section 3553(a)… |
| 18-952 |
Christopher Anthony Mountjoy, Jr. v. Colorado |
Colorado |
2019-01-24 |
Denied |
Amici (1) |
apprendi-precedent apprendi-v-new-jersey colorado-sentencing colorado-sentencing-system constitutional-interpretation jury-determination legal-elements sentencing-factors sixth-amendment sixth-amendment-precedent united-states-v-gaudin |
Whether the rule of United States v. Gaudin, 515 U.S. 506 (1995)—namely, that the Sixth Amendment requires juries to find not just historical facts bu… |
| 18-919 |
Robert R. Davies v. United States |
Third Circuit |
2019-01-16 |
Denied |
Response Waived |
criminal-sentencing district-court-discretion guidelines-range interest-of-justice presumption-of-reasonableness public-perception sentencing-factors sentencing-guidelines sentencing-intent sentencing-procedures sentencing-reliability unjust-procedures |
A criminal sentence is a package of sanctions that
the district court utilizes to effectuate its sentencing
intent, but a district court's original se… |
| 18-6920 |
Clyde Retiz v. United States |
Fifth Circuit |
2018-12-06 |
Denied |
Response WaivedIFP |
criminal-law criminal-procedure due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining reasonable-sentence sentencing sentencing-factors sentencing-guidelines statutory-interpretation |
Whether facts that alter the range of "reasonable" federal sentences must be pleaded in the indictment in federal cases? |
| 18-6732 |
Myron Gerald Stevens v. United States |
Eleventh Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-sentencing discretion-to-vary downward-variance judicial-discretion procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness |
1. Did the trial court impose a procedurally unreasonable sentence of life imprisonment upon conviction of a first offense, where it applied an incorr… |
| 18-6349 |
Daniel Israel Palomino v. United States |
Ninth Circuit |
2018-10-16 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court-review due-process guideline-commentary judicial-discretion judicial-review legal-interpretation sentencing-factors sentencing-guidelines sentencing-procedure statutory-interpretation |
Whether a district court abuses its discretion in misapplying a sentencing guideline when it refuses to consider a factor expressly provided for in th… |
| 18-6266 |
Ivan Rivera-Solis v. United States |
Fifth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
18-usc-3553a appellate-review circuit-split criminal-sentencing gall-standard gall-v-united-states sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
When conducting their substantive reasonableness review of sentences, can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a), as t… |
| 18-6206 |
Jason Randall Howard v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process judicial-discretion procedural-reasonableness sentencing sentencing-disparities sentencing-factors sentencing-guidelines substantive-reasonableness variance-sentence |
1. Is Howard's 457% above-guideline variance sentence procedurally unreasonable because the District Court failed to consider the need to avoid unwarr… |
| 18-6185 |
Jason Beckman v. Florida |
Florida |
2018-10-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi apprendi-v-new-jersey criminal-procedure due-process fact-finding factfinding jury-factfinding juvenile-sentencing life-sentence miller-factors miller-v-alabama sentencing-factors sixth-amendment |
Petitioner Jason Beckman, a juvenile at the time of the offense, was convicted of first-degree murder. Because he was a juvenile, he received an indiv… |
| 18-5969 |
Carlos Alberto Fuentes-Canales v. United States |
Fifth Circuit |
2018-09-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
burglary burglary-offense crime-of-violence criminal-history plain-error-review sentencing-disparities sentencing-enhancement sentencing-factors sentencing-guidelines unwarranted-disparities |
In Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018), this Court held that, in the ordinary case, proof of a plain Sentencing Guidelines error … |
| 18-5973 |
Alvin Ramirez-De Jesus v. United States |
First Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
18-usc-3553(a) booker-standard criminal-procedure drug-conspiracy exclusionary-rule fourth-amendment probable-cause probation-revocation procedural-reasonableness reasonable-suspicion search-and-seizure sentencing-factors sentencing-guidelines substantive-reasonableness supervised-release |
Question not identified. |
| 18-5554 |
Carlos Troche-Alvarado v. United States |
First Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
18-U.S.C-3553 18-usc-3553 above-guidelines-sentence adequate-explanation appellate-review criminal-sentencing district-court-discretion erroneous-factual-basis judicial-discretion procedural-reasonableness prosecution-recommended-sentence sentencing-factors sentencing-guidelines statutory-interpretation |
Whether a sentencing court violates 18 U.S.C. § 3553 when it imposes an above-Guidelines sentence, which also exceeds the prosecution's recommended se… |
| 18-5308 |
O'Neil Anthony Harris v. United States |
Eleventh Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
advisory-guidelines congressional-intent guideline-amendment judicial-discretion sentence-enhancement sentencing-factors sentencing-guidelines sentencing-reform upward-variance |
Whether a District Court Disregards Congressional Intent and Imposes an Unreasonable Sentence When it Applies an Upward Variance to the Advisory Sente… |
| 18-5188 |
James Wilks v. United States |
Fifth Circuit |
2018-07-11 |
Denied |
Response WaivedIFP |
18-usc-3553(a) abuse-of-discretion district-court judicial-discretion plain-error plainly-unreasonable revocation revocation-sentence sentencing sentencing-factors supervised-release unreasonable-sentence |
Did the District Court enter a plainly unreasonable sentence for revocation of supervised release when it did not properly balance the sentencing fact… |
| 18-5062 |
Norman L. Hunter v. United States |
Sixth Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
aged-offenses appellate-review career-offender civil-procedure criminal-history district-court-error due-process guideline-determination sentencing-enhancement sentencing-factors sentencing-guidelines standing writ-of-certiorari |
I. Should a writ of certiorari be granted to determine whether the district court erred in sentencing Hunter as a career offender when the offenses ut… |