| 24-6218 |
Anthony McCarary v. United States |
Ninth Circuit |
2024-12-31 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-rules judicial-explanation preservation-of-error sentencing-reasonableness |
To determine whether a sentencing issue is preserved, "The question is simply whether the claimed error was 'brought to the court's attention." Holgui… |
| 23-6739 |
John Richard Brinson v. United States |
Ninth Circuit |
2024-02-13 |
Denied |
Response WaivedIFP |
8th-amendment child-pornography criminal-history criminal-sentencing due-process life-without-parole rehabilitation sentencing-reasonableness substantive-due-process substantive-reasonableness |
Whether a life without parole sentence for a 24 year old with no prior criminal record for producing child pornography is substantively unreasonable? |
| 23-5941 |
Gregory L. Randle v. United States |
Fifth Circuit |
2023-11-02 |
Denied |
Response WaivedRelisted (2)IFP |
consecutive-sentence consecutive-sentences criminal-procedure due-process federal-jurisdiction sentencing sentencing-guidelines sentencing-reasonableness supervised-release |
Whether the district court erred by ordering Mr. Randle to serve 12 months in prison for nonviolent supervised release violations, and by ordering the… |
| 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. |
| 22-7717 |
Christopher A. Bernard v. United States |
Fifth Circuit |
2023-06-06 |
Denied |
IFP |
appellate-review below-guidelines-sentence circuit-split district-court-discretion holguin-hernandez procedural-error procedural-reasonableness sentencing sentencing-reasonableness substantive-reasonableness |
This Court in Holguin-Hernandez held that a defendant's argument in the district court for
a lower sentence preserves appella te review to the substan… |
| 22-6718 |
Justin Stabler v. United States |
Fifth Circuit |
2023-02-07 |
Denied |
Response WaivedIFP |
18-usc-3553 abuse-of-discretion alcohol-consumption criminal-sentencing electronic-searches section-3553a sentencing-guidelines sentencing-reasonableness substantive-reasonableness supervised-release |
1) Whether the 120-month sentence ordered by the district court is substantively unreasonable because, among other reasons, the Guidelines sentencing … |
| 22-6627 |
Kenneth Mobley v. United States |
Sixth Circuit |
2023-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-jurisdiction due-process jurisdiction loss-calculation restitution restitution-order sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Was Mr. Mobley's sentence procedurally and substantively unreasonable as it was calculated on an excessive amount of loss unjustified by the facts of … |
| 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… |
| 22-5641 |
Jay Eugene Reed v. United States |
Third Circuit |
2022-09-21 |
Denied |
Response WaivedRelisted (2)IFP |
charging-instrument constitutional-rights conviction due-process fifth-amendment sentencing sentencing-reasonableness sixth-amendment |
Has the United States Court of Appeals for the Third Circuit violated the Fifth and Sixth Amendment to the United States Constitution by allowing an i… |
| 21-7759 |
Mikkel McKinnie v. United States |
Fourth Circuit |
2022-05-03 |
Denied |
Response WaivedIFP |
21-usc-841 8th-amendment burrage-precedent causation drug-offense drug-related-death due-process guideline-range sentencing sentencing-reasonableness upward-variance |
I.
Whether the Lower Courts Erred in Not Applying the Court's Precedent in
Burrage v. United States, 571 U.S. 204 (2014), to Upward Variances When a
D… |
| 21-7356 |
Stacey Tremaine Johnson v. United States |
Fourth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking due-process evidence firearm-possession guideline-calculation jury-instruction jury-instructions sentencing sentencing-reasonableness standard-of-proof uncharged-conduct |
1. Whether there was sufficient evidence for the jury to find the petitioner guilty of drug trafficking and firearm possession.
2. Whether the jury i… |
| 21-7332 |
Marlon Sisnero-Gil v. United States |
Second Circuit |
2022-03-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict circuit-split criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines sentencing-reasonableness substantive-reasonableness substantive-unreasonableness supervisory-power |
Whether the Petition should be granted because the Court of Appeals' decision holding that Petitioner's sentence was not substantively unreasonable co… |
| 21-6207 |
Philip Bernard Friend v. United States |
Fourth Circuit |
2021-11-05 |
Denied |
Response WaivedIFP |
appellate-review comparable-cases comparative-sentencing criminal-procedure federal-sentencing-guidelines juvenile-offenders sentencing-disparities sentencing-reasonableness sentencing-review substantive-reasonableness substantive-review |
The question presented is whether an appellate court reviewing a sentence for substantive reasonableness should consider, when presented, a comparison… |
| 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? |
| 21-5431 |
Jereme Eugene Mackey v. United States |
Fourth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure drug-conspiracy drug-crimes due-process ineffective-assistance ineffective-counsel pre-trial-custody sentencing sentencing-reasonableness statutory-interpretation |
I. WHETHER THE DISTRICT COURT ERRED IN FINDING THE APPELLANT JEREME EUGENE MACKEY GUILTY INASMUCH AS THE GOVERNMENT FAILED TO PROVE AT THE TIME OF ARR… |
| 20-7034 |
Kelli Renee Bullard v. United States |
Fifth Circuit |
2021-02-04 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing defendant-rehabilitation district-court-discretion due-process judicial-review rehabilitation sentencing sentencing-reasonableness statutory-maximum |
Did the district court impose a substantively unreasonable sentence of 60 months imprisonment —the statutory maximum—when it did so with a blind eye t… |
| 20-5058 |
Randy Estevez v. United States |
Second Circuit |
2020-07-14 |
Denied |
Response WaivedIFP |
criminal-procedure due-process felony-enhancement firearm-possession jury-instructions jury-unanimity sentencing sentencing-reasonableness u-s-sentencing-guidelines unanimity |
1. Whether the district court erred in not instructing the jury that it
should be unanimous on the date and location of his alleged
possession of the … |
| 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… |
| 19-8592 |
Maria Soly Almonte, aka Soly Almonte, aka Soly La Fuerte, aka SoSo, aka SoSo Wavy, aka Soly Montana v. United States |
Second Circuit |
2020-06-03 |
Denied |
Response WaivedIFP |
age-of-consent appellate-review criminal-procedure due-process obstruction-of-justice procedural-reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
1. Whether Almonte's sentence was procedurally unreasonable because the district court failed to determine whether she obstructed justice under Guidel… |
| 19-8569 |
Brandon S. Wilson v. United States |
Seventh Circuit |
2020-05-29 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure district-court-discretion due-process procedural-error sentencing sentencing-reasonableness supervised-release |
1. Is Mr. Wilson's sentence procedurally and substantively infirm because the district court failed to consider the factors under 18 USC §3553(a) or o… |
| 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. |
| 19-7234 |
Denzel Chisholm, aka Den, aka Din v. United States |
First Circuit |
2020-01-09 |
Denied |
Response WaivedIFP |
anti-drug-abuse-act anti-drug-abuse-act-1986 anti-drug-abuse-act-of-1986 congressional-intent criminal-law criminal-sentencing drug-offense proportionality retail-level-manager sentencing sentencing-reasonableness statutory-interpretation substantive-reasonableness |
Whether a 342-month sentence for a retail-level manager is substantively reasonable where it far exceeds a sentence that properly accounts for Congres… |
| 19-7038 |
Angela Maxine Lee v. United States |
Fifth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-922 18-usc-924 3553-a-factors 3553a-factors appellate-review criminal-procedure criminal-sentencing district-court-discretion federal-sentencing-guidelines sentencing-guidelines sentencing-reasonableness standard-of-review substantive-reasonableness |
Whether the above-Guidelines 84-month sentence ordered by the district court is substantively unreasonable under the § 3553(a) factors. |
| 19-6948 |
Michael Eugene Spry v. United States |
Fourth Circuit |
2019-12-16 |
Denied |
Response WaivedIFP |
18-USC-3553 criminal-procedure double-jeopardy due-process federal-courts federal-jurisdiction federal-sentencing sentencing sentencing-guidelines sentencing-reasonableness supervised-release |
I.
WHETHER
THE
APPELLANT
MICHAEL
EUGENE
SPRY'S
SENTENCE WAS UNREASONABLE AS IT WAS GREATER THAN
NECESSARY AND AS SUCH, FAILS TO COMPLY WITH TITLE 18,
… |
| 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… |
| 19-6636 |
Gregory Williams v. United States |
Eleventh Circuit |
2019-11-14 |
Denied |
Response WaivedIFP |
circumstantial-evidence constitutional-rights due-process fair-trial jury-bias jury-instructions prosecutorial-misconduct sentencing sentencing-reasonableness |
I. WHETHER THE GOVERNMENT VIOLATED MR. WILLIAMS CONSTITUTIONAL RIGHT TO A FAIR TRIAL, IN IT'S IMPROPER DIRECT QUESTIONING AND ILL-ADVISED POINTING OF … |
| 19-5982 |
Alcadio Caballero De La Torre v. United States |
Fifth Circuit |
2019-09-17 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing data-analysis due-process judicial-discretion reasonableness-review sentencing-commission sentencing-data sentencing-guidelines sentencing-reasonableness statistical-analysis |
This Court should grant this petition to address when, if ever, Sentencing Commission statistical data may be used to evaluate the reasonableness of a… |
| 19-5877 |
Damion D. Faulkner v. United States |
Sixth Circuit |
2019-09-09 |
Denied |
Response WaivedIFP |
criminal-sentencing cruel-and-unusual-punishment due-process eighth-amendment judicial-discretion proportionality proportionality-review sentencing sentencing-disparities sentencing-guidelines sentencing-reasonableness sex-offense sex-offenses substantive-due-process |
Is it substantively unreasonable to impose an effective sentence of life on a 30-year-old defendant who committed a "reprehensible" sex offense that c… |
| 18-9791 |
Luis David Moreno-Pena v. United States |
Fifth Circuit |
2019-06-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-discretion leniency preservation-of-error sentencing-argument sentencing-reasonableness sentencing-review |
Whether challenges to the reasonableness of a sentence rooted in a court's |
| 18-9692 |
Jody Lanardo White v. United States |
Fifth Circuit |
2019-06-17 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-procedure judicial-discretion plain-error preservation-of-error reasonableness-of-sentence sentencing sentencing-guidelines sentencing-reasonableness standard-of-review |
Whether challenges to the reasonableness of a sentence must be preserved by specific objection? |
| 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… |
| 18-8400 |
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… |
| 18-8362 |
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? |
| 18-8161 |
Kali Lord v. United States |
Fifth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
above-guidelines-sentence appellate-review criminal-procedure district-court district-court-discretion plain-error preservation-of-error procedural-error procedural-reasonableness reasonableness sentencing sentencing-arguments sentencing-guidelines sentencing-reasonableness |
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… |
| 18-8079 |
Christopher Loran Bentley v. United States |
Eleventh Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion acceptance-of-responsibility criminal-sentencing judicial-discretion notice-requirement relevant-conduct sentencing-guidelines sentencing-reasonableness statutory-maximum substantive-reasonableness upward-departure |
1. WHETHER THE DISTRICT COURT ERRED IN SENTENCING MR.
BENTLEY TO A STATUTORY MAXIMUM OF 120 MONTHS IN
THAT SUCH SENTENCE WAS GREATER THAN NECESSARY TO… |
| 18-7566 |
Pedro Goris, aka Pedro Goriz, aka Pedro Abreu v. United States |
Second Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals appellate-review constitutional-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Whether Petitioner's sentence was both procedurally and substantively unreasonable. |
| 18-7304 |
Juan Rodriguez-Mantos v. United States |
Fifth Circuit |
2019-01-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-law federal-sentencing-guidelines fifth-circuit judicial-review reasonableness-review sentencing sentencing-enhancement sentencing-guidelines sentencing-reasonableness supervisory-power |
Whether the impositi on of an outside Guideli nes sentence is reasonabl e
when the district court more than triples the already enhanced Guideli nes
s… |
| 18-6855 |
Antonio DeJesus Perez-Martinez v. United States |
Sixth Circuit |
2018-11-28 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge constructive-amendment criminal-procedure due-process equal-protection indictment indictment-variance ineffective-assistance ineffective-assistance-of-counsel plea-bargaining proportionality sentencing sentencing-proportionality sentencing-reasonableness |
APPELLATE COUNSEL WAS GROSSLY INEFFECTIVE, BY ARGUING A MATERIAL VARIANCE IN THE INDICTMENT, INSTEAD OF THE MORE EGREGIOUS CONSTRUCTIVE AMENDMENT OF T… |
| 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… |
| 18-6561 |
In Re Jesus Denova Lopez |
|
2018-11-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-court-discretion guidelines-range section-3553(a) section-3553a sentencing sentencing-guidelines sentencing-reasonableness standard-of-review substantive-reasonableness |
WHETHER THE PANEL OF THE FIFTH CIRCUIT COURT OF APPEALS ABUSED ITS DISCRETION BY THE RUBBERSTAMP OF THE ERRONEOUS AND IMPERMISSIBLE CONCLUSION OF ERST… |
| 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… |
| 18-6391 |
Matthew Vaughn Hawks v. United States |
Eleventh Circuit |
2018-10-19 |
Denied |
Response WaivedIFP |
appeals criminal-procedure due-process eleventh-circuit federal-rules-of-criminal-procedure mental-disability plain-error sentencing sentencing-disparity sentencing-reasonableness substantial-rights united-states-v-olano |
I. Whether the Eleventh Circuit Misapplied Fed. R. Crim. P. 52(b) and
United States v. Olano, 507 U.S. 725 (1998) by Failing to Grant Relief
for Plain… |
| 18-5847 |
Jaime Shakur Garcia v. United States |
Fifth Circuit |
2018-08-30 |
Denied |
Response WaivedIFP |
certiorari-petition chavez-meza circuit-split criminal-procedure en-banc en-banc-review plain-error reasonableness remand sentencing sentencing-reasonableness |
I. Should this Court hold this Petition until the court below renders its forthcoming en banc decision in United States v. Reyes-Contreras, 892 F.3d 8… |
| 18-5108 |
Jaime Davila-Reyes, aka Peluche, aka Pai, aka Jaime, aka Chezina v. United States |
First Circuit |
2018-07-03 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-sentencing dismissed-charges due-process judicial-discretion preponderance-of-evidence sentencing sentencing-reasonableness substantive-reasonableness unproven-allegations |
Whether Petitioner's sentence was substantively unreasonable because the district court violated due process when it enhanced Petitioner's sentence ba… |
| 18-5046 |
Giezi Magno Zamora v. United States |
Eleventh Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
appeals criminal-procedure drug-trafficking due-process eleventh-circuit evidence habeas-corpus international-law judicial-review maritime-law sentencing sentencing-reasonableness writ-of-certiorari |
In United States v. Booker, 543 U.S. 220 (2005), United States v. Rita, 551 U.S. 338 (2007) and United States v. Gall, 552 U.S. 38 (2007), this Court … |