| 25-6389 |
Kingsley Ita v. United States |
Fifth Circuit |
2025-12-16 |
Pending |
IFP |
appeal-waiver circuit-split criminal-procedure due-process plea-agreement sentencing-procedure |
I. Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing co… |
| 25-6230 |
McKinley Kelly v. Indiana |
Indiana |
2025-11-25 |
Denied |
Response WaivedIFP |
cruel-unusual-punishment due-process eighth-amendment fourteenth-amendment rehabilitation sentencing-procedure |
Whether the sentencing procedure mandated by Indiana Code Sec. 35-38-l-7.1(A) and utilized by the state trial court in imposing Kelly 's sentence, whi… |
| 25-6131 |
Zeno E. Sims v. Chris Brewer, Warden |
Eighth Circuit |
2025-11-17 |
Denied |
Response WaivedIFP |
concurrent-sentencing federal-court judicial-discretion legal-precedent sentencing-procedure state-court |
Whether this Court should revisit Setser and affirmatively hold that once a federal court runs a future state court sentence concurrently to a defenda… |
| 25-5811 |
Ricky Joe Bland v. United States |
Sixth Circuit |
2025-10-07 |
Denied |
Response WaivedIFP |
criminal-sentencing drug-testing federal-circuit-split probation-officer sentencing-procedure supervised-release |
Did the district court below err in imposing as a special condition of supervised release a requirement that "[t]he defendant… participate in a progra… |
| 25-5631 |
Brian Goorahoo v. United States |
Second Circuit |
2025-09-15 |
Denied |
Response WaivedIFP |
circuit-split criminal-appeal federal-sentencing preservation-of-error procedural-error sentencing-procedure |
Whether, to preserve for appeal a claim that the sentencing court committed procedural error by failing to explain its sentence adequately or relying … |
| 25-5370 |
Kayle B. Bates v. Florida, et al. |
Florida |
2025-08-14 |
Denied |
IFP |
constitutional-violation cruel-unusual-punishment death-penalty ineffective-assistance neuropsychological-evidence sentencing-procedure |
After a questionable conviction, Kayle Bates has twice been sentenced to death. His first death sentence was reversed on collateral review for ineffec… |
| 25-5219 |
Mao Hin v. California |
California |
2025-07-29 |
Denied |
IFP |
capital-sentencing constitutional-rights death-penalty jury-unanimity reasonable-doubt sentencing-procedure |
Whether California's capital-sentencing scheme violates the Fifth, Sixth, Eighth, and Fourteenth Amendments because it fails to require the jury to fi… |
| 24-7290 |
Paul Curry, Jr. v. United States |
Fifth Circuit |
2025-05-27 |
Denied |
Response WaivedIFP |
apprendi-error armed-career-criminal-act criminal-law harmless-error second-amendment sentencing-procedure |
First, whether as several courts of appeal have held, all Apprendi errors including Erlinger violations should be treated as trial errors subject to t… |
| 24-6743 |
Andre Ricardo Roach v. United States |
Fourth Circuit |
2025-03-11 |
Denied |
Response WaivedIFP |
abuse-of-discretion court-of-appeals federal-custody judicial-review sentencing-procedure state-custody |
Weather the Court of Appeals abused its discretion by failing to consider this Court's opinion in Hughes v. United States v. United States.
II. Weath… |
| 24A185 |
Derek Don Posey v. Oklahoma |
Oklahoma |
2024-08-19 |
Presumed Complete |
|
capital-punishment eighth-amendment fourteenth-amendment jury-selection sentencing-procedure sixth-amendment |
Question not identified. |
| 24-5327 |
Daniel Lopez, III v. United States |
Ninth Circuit |
2024-08-15 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-rules revocation-hearing sentencing-procedure supervised-release |
Federal Rule of Criminal Procedure 32.1(b) defines the procedure
for supervised release revocation hearings. The Ninth Circuit has split
from other ci… |
| 23-7844 |
Marcus Orlando Armstrong v. United States |
Ninth Circuit |
2024-07-02 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court district-court-jurisdiction forfeiture forfeiture-doctrine judicial-discretion objection sentencing sentencing-procedure standard-of-review |
Does a defendant forfeit a challenge to the manner in which the district court imposed sentence by failing to object after the sentence is pronounced,… |
| 23-6988 |
Anthony Shief v. Illinois |
Illinois |
2024-03-14 |
Denied |
IFP |
8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment due-process eighth-amendment juvenile-justice juvenile-sentencing life-without-parole mitigating-factors sentencing sentencing-procedure |
Whether the Eighth Amendment's protections under Miller v. Alabama require certain sentencing procedures for defendants convicted of crimes committed … |
| 23-979 |
Gerald D. Fields v. Jay Forshey, Warden |
Sixth Circuit |
2024-03-06 |
Denied |
Response Waived |
faretta-colloquy fundamental-fairness habeas-corpus habeas-petition ineffective-assistance ineffective-assistance-of-counsel presumption-of-prejudice right-to-counsel sentencing-procedure structural-error |
1. When a state trial court fails to conduct a Faretta colloquy before sentencing a defendant without counsel—a fundamentally unfair structural error … |
| 23-6405 |
Brian K. Allen v. United States |
Eighth Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
appeal-waiver criminal-procedure due-process evidentiary-hearing federal-circuit fundamental-rights plea-agreement sentencing sentencing-procedure |
1. Whether the near consensus Federal Circuit Courts of Appeals'
application of plea agreement appeal waivers as to subsequent
sentencing proceedings,… |
| 23-6300 |
Richard Paiva v. Rhode Island |
Rhode Island |
2023-12-19 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-protection due-process incarcerated-rights incarceration parole parole-eligibility sentence sentencing-procedure statutory-rights |
Are the protections of the 14th Amendment Due Process Clause triggered, when an incarcerated person has a statutory right to be parole-eligible during… |
| 23-635 |
Steven LaWayne Nelson v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2023-12-13 |
Denied |
|
28-usc-2254 capital-murder circuit-split claim-preclusion culpability habeas-corpus ineffective-assistance-of-counsel law-of-parties relitigation-bar sentencing-procedure |
1. Has a claim been "adjudicated on the merits" in state court under 28 U.S.C. § 2254(d) when it consists wholly of allegations the state court never … |
| 23-5779 |
Donovan Romo v. United States |
Ninth Circuit |
2023-10-12 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process forfeiture-doctrine judicial-discretion plain-error sentencing sentencing-procedure standard-of-review |
Does a defendant forfeit a challenge to the manner in which the district court imposed sentence by failing to object after the sentence is pronounced,… |
| 23-5627 |
Ronald Rene Deleon, Jr. v. United States |
Fifth Circuit |
2023-09-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure mandatory-minimum plain-error revocation sentencing sentencing-procedure supervised-release |
Whether application of a mandatory minimum term of supervised release following a revocation amounts to plain error? |
| 23-5504 |
Jabriel Fitzgerald Lakes v. United States |
Fourth Circuit |
2023-08-31 |
Denied |
Response WaivedIFP |
classification criminal-procedure due-process federal-rules-criminal-procedure incarceration-classification judicial-error presentence-report recidivism right-to-appeal sentencing sentencing-procedure |
Did the District Court commit "error" that substantively
—violated Lakes' right when it failed to enclude the disputes
of the objection to the PRS w… |
| 23-5140 |
Ralph Castillo v. Richard Martinez, Warden, et al. |
New Mexico |
2023-07-19 |
Denied |
IFP |
aggravating-circumstances criminal-rights due-process jury-determination jury-trial plea-agreement plea-bargaining sentencing-enhancement sentencing-procedure sixth-amendment |
1. Was it proper for the State to intentionally mislead the court when it required that petitioner show the presumption of equality when the real issu… |
| 22-7517 |
Phillip Daniel Love v. United States |
Ninth Circuit |
2023-05-10 |
Denied |
Response WaivedIFP |
circuit-split district-court-explanation holguin-hernandez-v-united-states mitigating-arguments mitigation-arguments preservation-of-error rita-v-united-states sentencing-arguments sentencing-procedure standard-of-review |
When a district court rejects a party's nonfrivolous sentencing argument, the court is required to explain why. Rita v. United States, 551 U.S. 338, 3… |
| 22-7485 |
Daniel Isaiah Thody v. United States |
Sixth Circuit |
2023-05-08 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release united-states-v-haymond |
As a case of first impression, whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a "separate sentence " in addition to t… |
| 22-7386 |
Louis McIntosh, aka Lou D v. United States |
Second Circuit |
2023-04-27 |
Judgment Issued |
Amici (2)IFP |
appellate-courts commerce-clause criminal-forfeiture federal-jurisdiction federal-rules-of-criminal-procedure federalism interstate-commerce jurisdiction rule-32.2 sentencing-procedure statutory-interpretation |
1. Whether a district court may enter a criminal forfeiture order outside the time limitations set forth in Rule 32.2, Fed.R.Crim.P.?
2. Is the theft… |
| 22-7373 |
Victor M. Miranda-Guerrero v. California |
California |
2023-04-26 |
Denied |
IFP |
aggravating-circumstances apprendi-v-new-jersey constitutional-rights criminal-procedure death-penalty due-process jury-determination jury-trial mitigating-circumstances sentencing sentencing-procedure |
Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 22-7338 |
Robert Lemke v. United States |
Second Circuit |
2023-04-20 |
Denied |
Response WaivedIFP |
autonomy criminal-autonomy criminal-defendant defendant-rights due-process legal-representation liberty liberty-interests mental-health mental-health-considerations sentencing sentencing-procedure |
1. Whether a criminal defendant's right to autonomy with respect to his defense applies to his sentencing?
2. Whether questions of a criminal defenda… |
| 22-7178 |
David Frazier v. Tennessee |
Tennessee |
2023-04-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-review court-jurisdiction criminal-procedure due-process judicial-review jurisdiction legal-error procedural-due-process sentencing sentencing-procedure state-courts |
Whether Supreme Court for Tennessee ignored facts and procedure for correction of illegal sentence.
Whether Criminal Appeals Court for Tennessee also… |
| 22-7051 |
William Todd Lewallen v. Scott Crow |
Tenth Circuit |
2023-03-21 |
Denied |
IFP |
constitutional-rights criminal-procedure defendant-testimony due-process evidence jury-trial right-to-testify rock-v-arkansas sentencing sentencing-procedure state-evidence-law |
Oklahoma has jury sentencing in all felony cases, and those proceedings may be bifurcated. The Oklahoma Court of Criminal Appeals (the "OCCA") has the… |
| 22-7014 |
Michael Hucks v. United States |
Fourth Circuit |
2023-03-15 |
Denied |
Response WaivedIFP |
alternate-sentence appellate-review armed-career-criminal-act circuit-split constitutional-notice criminal-procedure fourth-circuit guideline-errors harmless-error sentencing-guidelines sentencing-procedure |
I. Whether the United States Court of Appeals for the Fourth Circuit's reliance on an announced alternate variant sentence to assume as harmless all G… |
| 22-6514 |
Santiago Pineda v. California |
California |
2023-01-11 |
Denied |
IFP |
aggravating-circumstances constitutional-rights death-penalty jury-determination jury-fact-finding mitigating-circumstances reasonable-doubt sentencing-procedure |
Does the mandatory weighing of aggravating and mitigating circumstances under the California death penalty statute—a factfinding determination that se… |
| 22-6396 |
John Edward Sansing v. Ryan Thornell, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. |
Ninth Circuit |
2022-12-27 |
Denied |
IFP |
appellate-review clearly-established-law criminal-procedure death-penalty eighth-amendment federal-habeas mitigating-evidence mitigating-factors sentencing-procedure victim-impact |
John Edward Sansing pleaded guilty to first-degree murder and other felonies with no agreements offered by the state. During the sentencing proceeding… |
| 22-242 |
Cyrano R. Irons v. United States |
Eighth Circuit |
2022-09-14 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review circuit-split criminal-procedure district-court harmless-error judicial-discretion procedural-error sentencing-guidelines sentencing-procedure |
Whether errors in calculating the Sentencing Guidelines are rendered categorically harmless by the district court's assertion that the Guidelines woul… |
| 22-5400 |
Maurice D. Bell v. United States |
Eighth Circuit |
2022-08-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-rules-of-criminal-procedure judicial-discretion plain-error-review preservation-of-error procedural-error sentencing sentencing-procedure |
Whether an appellate court errs under Fed. R. Crim. P. 51 by applying plain error review to a claim of procedural error brought to the sentencing judg… |
| 22-5341 |
Ted Amparan v. M. Eliot Spearman, Warden |
Ninth Circuit |
2022-08-11 |
Denied |
IFP |
alleyene-v-united-states apprendi-v-new-jersey criminal-sentencing due-process exhaustion habeas-corpus jury jury-determination sentencing sentencing-procedure sixth-amendment |
1) Did the State Violate Supreme Court precedent of Apprendi v. New Jersey and Alleyne v. United States by having a sentencing judge not the jury make… |
| 21-8025 |
Christopher Thieme, aka John Thieme v. United States |
Third Circuit |
2022-06-01 |
Denied |
Response WaivedIFP |
18-usc-3664 all-writs-act criminal-law criminal-procedure illegal legal-relief restitution restitution-order sentencing sentencing-procedure statutory-interpretation writ-of-audita-querela |
1.) Does 18 U.S.C. §3664(k) and (0). which allows a sentencing court to consider motions to "adjust" a restitution order without anv time limits. perm… |
| 21-7988 |
Donald Tarnawa v. United States |
Fifth Circuit |
2022-05-27 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure financial-factors financial-resources restitution restitution-modification sentencing sentencing-procedure standard-of-review |
1. Whether the controlling standard of review for modification under 18 USCA § 3664(k) should be de novo or abuse of description. The Panel Opinion re… |
| 21-7526 |
Adam C. Morris v. Illinois |
Illinois |
2022-04-01 |
Denied |
IFP |
criminal-procedure due-process firearm-enhancement interrogatory-issue jury-instructions material-fact material-facts right-to-jury-trial sentencing-enhancement sentencing-procedure verdict-control |
1) DID THE COURT AVOID CONSIDER THE ARGUMENT THAT THE SEPARATE GROUND INTERROGATORY IS AN ISSUE OF MATERIAL FACT AND THAT THE JURY HAD NO KNOWLEDGE IN… |
| 21-7227 |
Daniel Isaiah Thody v. United States |
Sixth Circuit |
2022-02-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release |
As a case of first impression, whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a "separate sentence " in addition to t… |
| 21-1185 |
Rufino Valdez-Lopez v. United States |
Ninth Circuit |
2022-02-28 |
Denied |
|
circuit-split collateral-attack criminal-procedure due-process fifth-amendment judicial-vindictiveness sentencing sentencing-procedure sixth-amendment |
This case turns on whether the Pearce presumption of judicial vindictiveness applies—for the Government to then rebut with new evidence—when a second … |
| 21-7185 |
Brian Arthur Tate v. Lawrence J. Hogan, Jr., Governor of Maryland, et al. |
Maryland |
2022-02-23 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights constitutional-rights due-process eighth-amendment juvenile-offender juvenile-offenders liberty-interest parole parole-hearing sentencing-procedure |
Whether the Eighth Amendment of the United States Constitution, applicable to the States through the Fourteenth Amendment, extends beyond a juvenile o… |
| 21-6884 |
Hermin Rodriguez-Monserrate, aka Cano, aka Canito v. United States |
First Circuit |
2022-01-18 |
Denied |
Response WaivedIFP |
coronavirus-act coronavirus-aid-relief-and-economic-security-act criminal-procedure defendant-absence due-process educational-condition learning-disability sentencing sentencing-procedure supervised-release |
1. Should certiorari be granted because the district court
conducted Petitioner's sentence and revocation hearing in his physical
absence, even though… |
| 21-6583 |
Roger Edward Picard v. United States |
First Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process judicial-discretion jurisdiction jurisdictional-challenge mental-health-assessment rule-35 rule-35-motion sentencing sentencing-procedure |
i. Did the First Circuit err in denying a jurisdictionally sound motion filed pursuant to Fed.R.Crim.P. 35(a), where the district court simply ignored… |
| 21-6573 |
Michael Roy Sharpe v. United States |
Eleventh Circuit |
2021-12-13 |
Denied |
Response WaivedIFP |
constitutional-guarantees criminal-law due-process judicial-factfinding jury-trial maximum-sentence sentencing sentencing-procedure supervised-release trial-by-jury |
When Congress created the novel system of supervised release for federal criminal defendants, it authorized district judges to act as factfinders and … |
| 21-5937 |
Odilon Martinez-Rojas v. United States |
Second Circuit |
2021-10-08 |
Denied |
Response WaivedIFP |
appeal-waiver due-process fifth-amendment plea-agreement sentencing-procedure sixth-amendment |
Whether a plea agreement's appeal waiver can bar a defendant from challenging the unconstitutionality of a sentencing procedure that deprives the defe… |
| 21-5930 |
Albert M. Ranieri v. Vicky Moser, Warden |
Third Circuit |
2021-10-08 |
Denied |
Response WaivedIFP |
18-usc-3613(b) ex-post-facto mandatory-victims-restitution-act mvra plea-agreement restitution restitution-order sentencing-procedure statutory-interpretation victim-witness-protection-act vwpa |
1) Is the VWPA the controlling law regarding payment of the
Order of Restitution in the underlying criminal action and is the
Ex Post Facto Clause of … |
| 21-5755 |
Kevin L. Frost v. Kansas |
Kansas |
2021-09-22 |
Denied |
IFP |
14th-amendment 6th-amendment aggravating-factors constitutional-rights due-process mitigating-factors sentencing sentencing-procedure |
Petitioner contends that the sentencing court
did not follow the proper statutory procedure with
the improper weighing of mitigating and aggravating… |
| 20-8204 |
Severiano Martinez-Rojas v. United States |
Second Circuit |
2021-06-02 |
Denied |
Response WaivedIFP |
appellate-review appellate-waiver circuit-split criminal-procedure judicial-review plea-bargaining restitution restitution-calculation sentencing sentencing-procedure vulnerable-victim-enhancement |
I. Whether the Second Circuit failed to follow Supreme Court precedent in Rosales-Mireles v. United States, 138 S. Ct. 1897, 1900 (2018) when it enfor… |
| 20-8124 |
Lance Mitchell Owens v. Dexter Payne, Director, Arkansas Department of Correction |
Arkansas |
2021-05-25 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure due-process equal-protection fourteenth-amendment plea-agreement plea-agreements sentencing sentencing-procedure statutory-interpretation |
1. Are courts violating the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution by excluding defendants who enter pl… |
| 20-7118 |
Terry Allen Miles v. United States |
Fifth Circuit |
2021-02-11 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence fifth-amendment sentencing sentencing-procedure sixth-amendment |
Did the trial court violate the 5th and 6th Amendments to the Constitution of the United States in overruling Petitioner's objection to the inclusion … |
| 20-745 |
Ismael Lechuga v. United States |
Fifth Circuit |
2020-12-01 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
abuse-of-discretion circuit-split due-process federal-procedure fifth-circuit impartiality judicial-impartiality judicial-recusal sentencing sentencing-procedure standard-of-review |
I. Whether a federal circuit court reviews the denial of a motion to recuse a district judge under 28 U.S.C. § 455(a) de novo or for an abuse of discr… |
| 20-6486 |
Rakeem Asaad Davis v. United States |
Eleventh Circuit |
2020-12-01 |
Denied |
Relisted (2)IFP |
criminal-history firearm-possession jury-instructions rehaif-error rehaif-v-united-states second-amendment sentencing-procedure statutory-interpretation substantial-rights |
When determining whether a defendant's substantial rights were affected by an indictment and jury instructions that omitted an essential element of a … |
| 20-6434 |
Julian Madero-Diaz, aka Hector Ramon Castillo v. United States |
Ninth Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
18-usc-3583 constitutional-punishment fifth-amendment jury-trial punishment-scheme sentencing-procedure sixth-amendment supervised-release |
Whether a judge's decision to revoke a person's supervised release and send him to prison subjects him to an unconstitutional punishment scheme under … |
| 20-6406 |
Jeffrey Neal Cuddington v. United States |
Fifth Circuit |
2020-11-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split history-and-characteristics preservation-of-error procedural-reasonableness sentencing sentencing-procedure substantive-reasonableness |
I. In Holguin-Hernandez v. United States, this Court reserved whether a
formal objection at the time of sentencing is required to preserve abuseof-dis… |
| 20-5976 |
Dean Reynolds v. United States |
Sixth Circuit |
2020-10-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-sentencing obstruction-of-justice procedural-unreasonableness profit-calculation remand resentencing sentencing-disparities sentencing-guidelines sentencing-procedure |
IS DEFENDANT'S SENTENCE PROCEDURALLY
UNREASONABLE BECAUSE THE DISTRICTCOURT INCORRECTLY SCORED THESENTENCING GUIDELINES, ERRONEOUSLYCALCULATING THE PR… |
| 20-5936 |
Mark Phillip Carter, II v. United States |
Eighth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict circuit-split factual-objections judicial-discretion presentence-report sentencing-guidelines sentencing-procedure undue-influence |
(1) Whether the undue influence enhancement in USSG §2G1.3(b)(2)(B) should be expanded, indirect conflict with precedent from the Sixth, Eighth, and N… |
| 20-415 |
Pablo Javier Aleman v. Maryland |
Maryland |
2020-10-01 |
Denied |
Response Waived |
criminal-responsibility detainer-transfer interstate-agreement interstate-agreement-on-detainers jurisdictional-authority mental-health-adjudication not-criminally-responsible receiving-state sending-state sentencing sentencing-procedure treatment |
1. Under the Interstate Agreement on Detainers ("IAD"), MD. CODE
ANN., CORR. SERVS. § 8-401 et seq., does the receiving state have the
authority to co… |
| 20-5554 |
Kenton Dayne Eagle Chasing v. United States |
Eighth Circuit |
2020-09-01 |
Denied |
Response WaivedIFP |
18-usc-3583 8th-circuit circuit-split criminal-offense criminal-revocation public-importance sentencing-procedure sixth-amendment subject-matter-jurisdiction |
1) Whether the Eighth Circuit Court of Appeals erred on a matter of public importance and created a circuit split when it ruled that subject matter ju… |
| 20-5411 |
Kwame Anderson v. United States |
Second Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
constitutional-rights effective-assistance-of-counsel federal-law presentence-report resentencing sentencing-procedure sentencing-proceeding |
1. Whether the Court must settle an important question of federal law that has not been, but should be, regarding Petitioner's resentence that was imp… |
| 20-5300 |
Victor Santana-Gonzalez v. United States |
First Circuit |
2020-08-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure judicial-error plain-error sentencing sentencing-procedure |
Does plain error apply to Federal Rule of Criminal Procedure Rule 32(i)(4)(a)(ii) when the error is caused by the sentencing court |
| 19-8799 |
James Johnman, Jr. v. United States |
Third Circuit |
2020-06-25 |
Denied |
IFP |
appeals circuit-split criminal-assessment criminal-law judicial-review sentencing sentencing-procedure statutory-interpretation victims-rights victims-trafficking-act |
Whether the "additional special assessment" in the Justice for Victims of Trafficking Act, 18 U.S.C. § 3014, imposes a per-offender or per-count asses… |
| 19-8450 |
Scott Leslie Carmell v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2020-05-12 |
Denied |
IFP |
civil-procedure civil-rights constitutional-violation due-process fourteenth-amendment fourth-circuit habeas-corpus procedural-due-process sentencing-procedure standing |
1. whether the Court of Appeals forthe Fifth Cireuit erred by denying a certificate of appealability regarding the united States District court issuin… |
| 19-8239 |
Robert Ybarra, Jr. v. William Gittere, Warden, et al. |
Nevada |
2020-04-10 |
Denied |
IFP |
aggravating-factors constitutional-rights death-penalty due-process jury-determination jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-procedure |
Under Nevada law, a jury may consider imposing a death sentence only after finding at least one statutory aggravating factor beyond a reasonable doubt… |
| 19-8097 |
Jay Eugene Reed v. United States |
Third Circuit |
2020-03-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-rule-52(b) criminal-rule-52b evidence-rule-103 expert-testimony forfeiture plain-error plain-error-review sentencing sentencing-procedure |
Under Evidence Rule 103 and Criminal Rule 52(b), once a party informs the court of the substance of the evidence at issue, and the court rules, counse… |
| 19-7848 |
Barton Joseph Adams v. United States |
Fourth Circuit |
2020-03-02 |
Denied |
Response WaivedIFP |
binding-plea-agreement criminal-procedure criminal-procedure-rule-11-c-1-c criminal-procedure-rule-32-2-e-1-a district-court-misconduct due-process forfeiture plea-agreement property-forfeiture property-rights protective-order rule-11 rule-32.2 sealed-court-order sealing-orders sentencing sentencing-procedure |
Whether the lower court violated the mandatory requirements of Rule 32.2(e)(1)(A) and breached the Rule 11(c)(1)(C) binding sentence, when the distric… |
| 19-7680 |
Samuel Howard v. Nevada |
Nevada |
2020-02-14 |
Denied |
IFP |
appellate-review capital-punishment constitutional-law criminal-procedure death-penalty death-penalty-sentencing due-process hurst-v-florida judicial-precedent retroactivity sentencing sentencing-procedure sixth-amendment |
1. Whether appellate reweighing is constitutional after Hurst v. Florida, 136 S. Ct. 616 (2016).
2. Whether Hurst is retroactive. |
| 19-7059 |
John Kenneth Schiefer v. United States |
Ninth Circuit |
2019-12-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure district-court due-process judicial-discretion legal-reasoning plain-error procedural-error respect-for-law sentencing sentencing-guidelines sentencing-procedure |
Did the district court plainly procedurally err when it selected
and imposed sentence based on its desire to promote the
defendant's respect for the l… |
| 19-7056 |
Robert Keith Kinsey v. United States |
Fifth Circuit |
2019-12-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure district-court judicial-objection objection preservation-of-error procedural-reasonableness reasonableness sentencing sentencing-procedure |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court? |
| 19-6953 |
Donovan G. Davis, Jr. v. United States |
Eleventh Circuit |
2019-12-16 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure criminal-proceeding critical-stage direct-appeal new-trial new-trial-motion right-to-counsel sentencing sentencing-guidelines sentencing-procedure |
The Constitution guarantees the assistance and choice of counsel for a critical-stage in a criminal proceeding. Ancient statute guarantees every indiv… |
| 19-6935 |
Rickie James King v. United States |
Fifth Circuit |
2019-12-13 |
Denied |
Response WaivedIFP |
appellate-review certiorari criminal-procedure district-court due-process fifth-circuit leniency-arguments preservation-of-error procedural-reasonableness reasonableness remand sentencing sentencing-procedure united-states-v-haymond |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court?
II. Whethe… |
| 19-6932 |
Dustin Larmon McDonald v. United States |
Fifth Circuit |
2019-12-13 |
Dismissed |
Response RequestedResponse WaivedIFP |
appellate-review certiorari criminal-procedure district-court due-process fifth-circuit leniency-arguments preservation-of-error procedural-objection reasonableness sentencing-procedure sentencing-reasonableness united-states-v-haymond |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court?
II. Whethe… |
| 19-6716 |
Israel C. Isbell v. Steven Merlak, Warden |
Sixth Circuit |
2019-11-22 |
Denied |
Response WaivedIFP |
administrative-law administrative-mistake civil-rights consecutive-sentence due-process federal-government federal-jurisdiction interstate-transfer jurisdiction pardon primary-jurisdiction prisoner-custody prisoner-transfer sentencing-procedure sixth-circuit-precedent sovereign-immunity state-custody |
Does one sovereign - specifically the federal government - lose or surrender its primary jurisdiction when they release an inmate who is serving their… |
| 19-6295 |
Antonio Flores v. United States |
Fifth Circuit |
2019-10-17 |
Denied |
Response WaivedIFP |
appeal-waiver appearance-of-partiality circuit-split constitutional-due-process constitutional-review district-court due-process judicial-bias judicial-impartiality miscarriage-of-justice plea-agreement sentencing-procedure |
Does a broad appeal waiver included in a plea agreement between a defendant and the United States preclude appellate review of the district court's fi… |
| 19-6102 |
Roosevelt Brian Moore v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge court-review due-process graham-v-florida habeas-corpus juvenile-offenders legal-standards prisoner-rights resentencing sentencing sentencing-procedure standing state-court-decision |
GRANTED PETITSONER A CERTI FICATE of APPEAlAbIty PORSUANT TO MILlER -EL V.COCKER, 537 U.S.3a2 ON. QUESTIONS OF HIS THE U.S. CONSTITUIONAl RIGHTS? PERT… |
| 19-5741 |
Jose Marin Saldana-Reyes v. United States |
Ninth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness reasonableness sentencing sentencing-procedure sentencing-standard |
In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to… |
| 19-5678 |
John T. Beyers v. United States |
Eighth Circuit |
2019-08-22 |
Denied |
IFP |
certificate-of-appealability civil-procedure civil-rights constitutional-privacy due-process eighth-circuit-review habeas-corpus pro-se pro-se-review sentencing-procedure standing supervised-release |
John Beyers was sentenced in part, under a statute held unconstitution, 18 USC § 3583(k). Rather than wait until this court's ruling in Haymond, as th… |
| 19-5159 |
Quinetta Grant v. United States |
Fifth Circuit |
2019-07-12 |
Denied |
Response WaivedIFP |
should this Court vacate and remand for reconside was Ms Grant denied her rights under U.S.S.G. § 1 binding-authority criminal-procedure criminal-procedure-plain-error-sentencing-right-to criminal-procedure-supervisory-power-conviction-se due-process judicial-discretion mail-fraud plain-error right-to-be-present sentencing sentencing-guidelines sentencing-guidelines-relevant-conduct-scope-of-cr sentencing-procedure Where Ms Grant's sentence was enhanced by attribut Where multiple additional errors affected petition |
1) Where the Court of Appeals failed to consider binding authority holding that a defendant's absence from a material sentencing proceeding constitute… |
| 18-9691 |
Dwayne Lee Stallings v. United States |
Fourth Circuit |
2019-06-17 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-procedure-rule-32-violations criminal-rule false-statement false-statements federal-rules-of-criminal-procedure obstruction-of-justice plain-error plain-error-analysis sentencing sentencing-enhancement sentencing-guidelines sentencing-procedure standard-of-review structural-error |
Whether the Court's plain error analysis is properly applied to violations of Fed. R. Crim. P. 32(i)(1)(A), and, if so, whether such violations are st… |
| 18-9672 |
Jill Andras LeBlanc v. United States |
Fifth Circuit |
2019-06-14 |
Denied |
Response WaivedIFP |
appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-procedure statutory-rights |
The right to appeal a criminal sentence is a statutory entitlement under 18 U.S.C. § 3742. But in many federal jurisdictions—including the Eastern Dis… |
| 18-9578 |
James Jacob Parrish, Jr. v. United States |
Fourth Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process firearm-enhancement ineffective-assistance-of-counsel prior-conviction procedural-reasonableness sentencing sentencing-departure sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance sixth-amendment substantive-reasonableness |
Whether Parrish's sentence was procedurally and substantively unreasonable because the district court imposed an unsupported departure and/or variance… |
| 18-9274 |
William Lee Thompson v. Florida |
Florida |
2019-05-14 |
Denied |
IFP |
capital-punishment capital-sentencing cruel-and-unusual-punishment due-process eighth-amendment equal-protection retroactivity sentencing-procedure teague-v-lane |
In Hurst v. Florida this Court struck down Florida's longstanding capital sentencing procedures because they authorized a judge, rather than a jury, t… |
| 18-9233 |
Michael Perales v. United States |
Fifth Circuit |
2019-05-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-appeals criminal-procedure district-court-discretion due-process plain-error procedural-reasonableness reasonableness sentencing sentencing-explanation sentencing-guidelines sentencing-procedure |
Is a district court's gross failure to explain an above-range sentence or to respond to arguments for a lesser sentence reversible on plain error?
Mu… |
| 18-9079 |
Steven Dedual, Jr. v. United States |
Fifth Circuit |
2019-05-01 |
Denied |
Response WaivedIFP |
alternate-sentences appellate-review district-court guideline-range harmless-error judicial-discretion sentencing-discretion sentencing-enhancement sentencing-procedure unsupported-alternate-sentences unsupported-claims |
Can a district court that has erroneously applied a sentencing enhancement shield itself from appellate review by claiming, without providing specific… |
| 18-8493 |
Jeremel Remymartin Smith v. United States |
Eleventh Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
18-usc-921 18-usc-922 appellate-review certificate-of-appealability constitutional-rights criminal-firearm-statute criminal-law-procedure due-process felon-in-possession firearms juvenile-delinquency juvenile-justice sentencing sentencing-procedure statutory-interpretation youthful-offender |
WHETHER A YOUTHFUL OFFENDER CONVICTION CAN BE USED FOR PURPOSES OF A STATUTE UNDER 18 U.S.C. § 922(g)(1) WHERE THE PREVIOUS ADJUDICATION WERE JUVENILE… |
| 18-8400 |
Travis Demond Johnson v. United States |
Eleventh Circuit |
2019-03-12 |
Denied |
Response WaivedIFP |
abuse-of-discretion acceptance-of-responsibility criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-procedure sentencing-reasonableness statutory-purposes-of-sentencing upward-departure |
1. WHETHER THE DISTRICT COURT ERRED IN DEPARTING UPWARD UNDER THE UNITED STATES SENTENCING GUIDELINES §4A1.3 RESULTING IN AN UPWARD DEPARTURE DURING T… |
| 18-8187 |
Kelley Toney v. David Stock, Warden |
Illinois |
2019-02-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights corrections-department due-process sentence-enhancement sentencing sentencing-procedure statutory-interpretation supervised-release |
1) Shoud A CONVcd PERN b FL ANishEd A SENENING?
2) Is A SENtence Not AuthoRizEd by StAtUte Void?
3) IS AN IPRPER SENtENCE in ViOLATiON OF UNiTESAtES… |
| 18-7478 |
Lloyd Michael Blair v. Michigan |
Michigan |
2019-01-17 |
Denied |
IFP |
constitutional-error criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-defect jury-trial post-conviction-relief relief resentencing sentencing sentencing-procedure sixth-amendment |
1. Are the sentencino proceedinos that was found to be urconstitutionel made to be invalid?
2. Did the 'trial court ebuse its discretion by refusinn … |
| 18-6946 |
Sergio Louis Trevino v. Texas |
Texas |
2018-12-06 |
Denied |
Response WaivedIFP |
appeal appeal-rights constitutional-challenge criminal-procedure due-process plea-bargaining presentencing-waiver right-to-appeal sentencing sentencing-procedure waiver waiver-of-appeal waiver-validity |
Constitutionally, when a presentencing waiver of appeal is not bargained for in exchange for an agreed upon sentence, can that waiver be knowingly and… |
| 18-6904 |
Oree Roberson v. United States |
Fifth Circuit |
2018-12-03 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof chavez-meza chavez-meza-v-united-states circuit-conflict due-process fifth-circuit judicial-review mitigation presentence-report sentencing sentencing-guidelines sentencing-procedure standard-of-review |
I. Whether the defendant bears the burden to establish that objected to information in the Presentence Report is materially untrue, or whether, instea… |
| 18-6882 |
Willie Seth Crain, Jr. v. Florida |
Florida |
2018-11-30 |
Denied |
IFP |
remedies prior constitutional defects in capital which requires unanimous jury findings of aggrava advisory-sentencing-panel aggravating-circumstances caldwell-v-mississippi capital-sentencing civil-rights constitutional-error death-penalty death-penalty-sentencing due-process harmless-error Hurst-decision hurst-v-florida jury-instructions jury-role jury-unanimity mitigating-circumstances sentencing sentencing-procedure |
On remand from the Florida Supreme Court's decision in Hurst v. Florida, the Florida Supreme Court held, as a state constitutional consequence, that a… |
| 18-6826 |
Carlos David Caro v. United States |
Fourth Circuit |
2018-11-26 |
Denied |
IFP |
§-2255-claim bop-data brady-violation criminal-procedure-brady death-penalty due-process exculpatory-evidence federal-prison government-misconduct procedural-bar sentencing sentencing-procedure suppression-of-evidence |
Whether the Fourth Circuit erred in ruling Caro was procedurally barred from raising a § 2255 claim that the Government's suppression of available exc… |
| 18-642 |
Morris E. Zukerman v. United States |
Second Circuit |
2018-11-19 |
Denied |
Amici (1)Relisted (2) |
18-usc-3742 appellate-review criminal-procedure criminal-sentencing district-court-discretion sentencing-explanation sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance shocks-the-conscience substantive-reasonableness substantive-unreasonableness |
Whether a court of appeals that finds that a district court has failed adequately to explain a sentence can simply request further elaboration without… |
| 18-6588 |
Lesley Eugene Warren v. Edward Thomas, Warden |
Fourth Circuit |
2018-11-06 |
Denied |
IFP |
capital-punishment character-evidence circuit-split civil-rights death-penalty due-process future-dangerousness parole parole-ineligibility prosecutorial-misconduct sentencing sentencing-procedure simmons-v-south-carolina |
Is it an unreasonable application of Simmons v. South Carolina for a State court to deny a parole ineligibility instruction where the prosecution repe… |
| 18-6445 |
Tracy Lebron Vick v. Tennessee |
Tennessee |
2018-10-25 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-procedure due-process habeas-corpus judicial-review plea-bargaining public-interest sentencing sentencing-procedure unconstitutional |
I. WHETHER THE PROVISIONS OF RULE 36.1 OF THE TENNESSEE RULES OF CRIMINAL PROCEDURE, TENNESSEE CODE ANNOTATED § 29-21-101, AND TENNESSEE LAW ARE UNCON… |
| 18-6404 |
Tomas Ramirez-Cruz v. United States |
Ninth Circuit |
2018-10-24 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-sentencing due-process judicial-review non-frivolous-arguments procedural-due-process procedural-reasonableness reasonableness rita-v-united-states sentencing-policy sentencing-procedure sentencing-reasonableness |
In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to… |
| 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… |
| 18-288 |
Philip A. Mearing v. United States |
Fourth Circuit |
2018-09-05 |
Denied |
Amici (3) |
appellate-review appellate-waiver criminal-appeal criminal-defendant-waiver criminal-procedure due-process plea-agreement plea-bargaining restitution restitution-order sentencing sentencing-procedure statutory-interpretation |
1. Whether, or under what circumstances, a criminal defendant's waiver in his plea agreement of the right to appeal his "sentence" covers an appeal of… |
| 18-113 |
Jeremiah Rodgers v. Florida |
Florida |
2018-07-25 |
Denied |
Amici (1) |
constitutional-rights death-penalty due-process hurst-v-florida jury-trial jury-waiver retroactivity sentencing-procedure sixth-amendment waiver |
Does waiving a state-law right to have a jury make an advisory sentencing recommendation constitute a knowing and intelligent waiver of the federal co… |
| 18-5189 |
Glenvert Green v. United States |
Third Circuit |
2018-07-10 |
Denied |
Response WaivedIFP |
confrontation-clause criminal-procedure cross-examination due-process fifth-amendment hearsay hearsay-evidence sentencing sentencing-procedure sixth-amendment victim-impact-statement victim-impact-statements |
A. Do the Sixth and Fifth Amendments provide a criminal defendant with a right to cross-examine a government witness who testifies during a sentencing… |
| 18-5081 |
Alvin Leroy Morton v. Florida |
Florida |
2018-07-03 |
Denied |
IFP |
binding-precedent capital-sentencing criminal-procedure death-penalty death-penalty-sentencing federal-constitutional-rights judicial-discretion jury-instructions jury-responsibility jury-role sentencing-procedure structural-error unanimous-verdict |
1. Whether structural error occurs when, after having been affirmatively misled regarding its role in the sentencing process so as to diminish its sen… |