sentencing-scheme

10 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5730 Blaise Caroleo v. United States Second Circuit 2023-10-06 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment sentencing sentencing-scheme statutory-interpretation waiver-of-rights 1. Whether a waiver of the protections against cruel and unusual punishment afforded to a defendant under the Eighth Amendment is valid and enforceabl…
22-7561 In Re Christopher Vigliotti 2023-05-16 Denied IFP constitutional-rights double-jeopardy due-process multiple-punishment plea-bargain probation probation-violation sentencing sentencing-scheme statutory-authority Petitioner humbly calls upon this Court to test the legality of his present 15 year state prison sentence which stemmed from violating probation, a pr…
20-8048 James Terry Colley, Jr. v. Florida Florida 2021-05-17 Denied IFP 14th-amendment 8th-amendment aggravating-factor constitutional-challenge cruel-and-unusual-punishment death-penalty due-process first-degree-murder florida-supreme-court sentencing-scheme Whether the Florida Supreme Court's expansion of the applicability of our statute's aggravating factor, Section 921.141(5)(i), i.e., the murder was es…
20-1136 Peter Capote v. Alabama Alabama 2021-02-19 Denied 6th-amendment aggravating-circumstances capital-punishment death-penalty judicial-fact-finding judicial-weighing jury-trial mitigating-circumstances sentencing-scheme sixth-amendment 1. Whether the Alabama death penalty sentencing scheme, which leaves it to the judge to find whether the aggravating circumstances outweigh the mitiga…
20-6102 Dontayous Tonard Cameron v. United States Eleventh Circuit 2020-10-21 Denied Response WaivedIFP 5th-amendment 6th-amendment due-process fifth-amendment parole revocation-sentence sentencing-scheme sixth-amendment statutory-maximum supervised-release Is 18 U.S.C. § 3583(e) unconstitutional as applied to Mr. Cameron because his combined initial and revocation sentences exceed the statutory maximum p…
20-136 Tremayne T. Dozier v. United States Seventh Circuit 2020-08-07 Denied circuit-split controlled-substances-act criminal-law felony-definition prior-felony-convictions sentencing-enhancement sentencing-enhancements sentencing-scheme statutory-interpretation statutory-sentencing-scheme The Controlled Substances Act (CSA) imposes sentencing enhancements based on an offender's prior felony convictions. 21 U.S.C. § 841(b)(1)(A). A "felo…
19-8660 Thomas Michael Riley v. Arizona Arizona 2020-06-10 Denied IFP aggravating-factors capital-punishment capital-sentencing constitutional-review death-penalty furman-v-georgia gregg-v-georgia narrowing-requirement sentencing-scheme "To pass constitutional muster, a capital sentencing scheme must genuinely narrow the class of persons eligible for the death penalty and must reasona…
19-6518 Eric Burgie v. Arkansas Arkansas 2019-11-06 Denied Response WaivedIFP aggravated-robbery civil-rights constitutional-rights criminal-procedure cruel-and-unusual-punishment due-process jurisdiction mental-fitness mental-health parole parole-eligibility sentencing sentencing-scheme Mr. Bugie filed a section lugo-ill ca petition to corfense and ane appled Miller to an 18-year old. Mr. Burgse sk this court to anwer whether or not t…
18-9568 Roderick Mullins v. Florida Florida 2019-06-07 Denied Response WaivedIFP 14th-amendment civil-rights criminal-sentencing cruel-and-unusual-punishment due-process imprisonment indefinite-imprisonment life-imprisonment life-sentence sentencing sentencing-scheme state-constitution Does the Florida "Life Means Life" sentence scheme violate the State Constitution's ban on indefinite imprisonment and the 14th Amendment Due Process …
18-5100 Ras Rahim v. United States Eleventh Circuit 2018-07-03 Denied Response WaivedIFP 28-usc-1651 28-usc-2255 all-writs-act armed-career-criminal-act collateral-attack consecutive-sentencing coram-nobis due-process elements-clause postconviction-remedy residual-clause sentencing-scheme Is Heflin, 358U.S. 415, 3 L. Ed. 2d. 407, 79 S. Ct. 451 (1959), still the controlling precedent? Herein, this court held that the text of 28 U.S.C. 22…