| 25-6925 |
Karen Altagracia Perez v. United States |
Eleventh Circuit |
2026-02-27 |
Pending |
IFP |
due-process federal-sentencing-law sentencing-discretion sentencing-guidelines sentencing-variance substantial-assistance |
WHETHER THE ELEVENTH CIRCUIT COMMITTED ERROR AND VIOLATED
THE PETITIONER'S RIGHT TO DUE PROCESS BY IGNORING DECADES OF
THIS COURT'S CONTROLLING PRECED… |
| 25-6134 |
Rodrick Johnson v. United States |
Fifth Circuit |
2025-11-17 |
Pending |
IFP |
18-usc-3553 circuit-precedent fugitive-tolling sentencing-variance supervised-release supreme-court-rule-10 |
(1) Should this Court summarily vacate Petitioner's judgment in light of Esteras v. United States, 666 U.S. 185 (2025), because the district court bas… |
| 24A758 |
Jonathan Stacy Berrier v. United States |
Eighth Circuit |
2025-02-04 |
Presumed Complete |
|
criminal-procedure factual-basis interstate-travel plea-agreement sentencing-variance sex-offense |
Question not identified. |
| 24-5380 |
Leonus Stevenson Peterson v. United States |
Fourth Circuit |
2024-08-23 |
Denied |
Response WaivedIFP |
due-process evidentiary-hearing ineffective-assistance section-2255-motion sentencing-variance sixth-amendment |
Did the lower courts err in conflating Fifth and Sixth Amendment rights, thereby denying both due process and effective assistance of counsel, when th… |
| 23-7071 |
Joseph Kelvin Aberant v. United States |
Fourth Circuit |
2024-03-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion advanced-age age-consideration criminal-sentencing fourth-circuit-review incarceration medical-conditions sentencing sentencing-variance variance |
I. Whether the Fourth Circuit erred by affirming the District Court's abuse of discretion by its failure to give Mr. Aberant a variance sentence and a… |
| 23-7022 |
Elvis Edgardo Molina v. United States |
Ninth Circuit |
2024-03-19 |
Denied |
Response WaivedIFP |
burns-v-united-states due-process evidence-disclosure fifth-amendment guidelines guidelines-range judicial-discretion sentencing sentencing-variance upward-variance |
Whether the district court's failure to disclose gun statistics from unknown sources of questionable validity to justify an unpre cedented 30-month up… |
| 22-7796 |
Jose Alfredo Perez v. United States |
Fifth Circuit |
2023-06-15 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review case-specific-facts criminal-procedure criminal-sentencing district-court due-process fifth-circuit sentencing-guidelines sentencing-variance upward-variance |
Whether a district court's mere recitation of the sentencing statute absent any application of case-specific facts is sufficient to support a five-yea… |
| 22-7055 |
Terrindez Xsidrick Bryant v. United States |
Fourth Circuit |
2023-03-21 |
Denied |
Response WaivedIFP |
advisory-guidelines booker-kimbrough-precedent district-court district-court-authority judicial-discretion kimbrough-v-united-states methamphetamine methamphetamine-sentencing sentencing-guidelines sentencing-variance united-states-v-booker |
In Kimbrough v. United States, 552 U.S. 85 (2007), this Court held that a district court had the authority, at sentencing, to reject the advice of the… |
| 22-5562 |
Christopher Alexander v. United States |
Fifth Circuit |
2022-09-12 |
Denied |
Response WaivedIFP |
due-process first-step-act government-response judicial-discretion misinformation reply section-404 sentencing sentencing-variance upward-variance |
Whether Petitioner was denied his due process rights when the district court granted his Section 404 of the First Step Act motion, but imposed upward … |
| 22-5137 |
Clifford Raymond Salas v. United States |
Tenth Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-discretion due-process factual-errors plain-error prosecutorial-argument sentencing sentencing-variance tenth-circuit-review |
Did the Tenth Circuit wrongly hold that the district court did not plainly err, where (a) the prosecutor argued that a factually untrue reason support… |
| 21-8171 |
Lamar Keith Garvin v. United States |
Fourth Circuit |
2022-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing defendant-characteristics due-process judicial-discretion sentencing sentencing-disparities sentencing-guidelines sentencing-range sentencing-variance |
I. Whether the Fourth Circuit erred by affirming the District Court's imposing an unreasonable sentence under the totality of the circumstances, and w… |
| 21-6838 |
Bernard Steven Boyd v. United States |
Fourth Circuit |
2022-01-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fifth-amendment guideline-sentence guideline-sentencing judicial-discretion sentencing sentencing-variance upward-variance |
Did the Trial Court provide insufficient information or explanation to an upward variance in the Petitioner's Guideline Sentence, from a range of 51 t… |
| 21-6609 |
Christopher Coffer v. United States |
Sixth Circuit |
2021-12-14 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing defendant-health due-process health-issues judicial-discretion medical-disadvantage mitigation-factors sentencing sentencing-guidelines sentencing-variance variance |
What is the extent of medical disadvantage that a
defendant must present in order to secure a variance
based on ill health? |
| 21-5425 |
Jay J. Sawatzky v. United States |
Eighth Circuit |
2021-08-20 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process felon-in-possession first-amendment judicial-discretion racist-paraphernalia racist-views sentencing sentencing-variance upward-variance |
May a sentencing judge impose an upward variance on a defendant convicted of possessing firearms and ammunition as a felon, based on that defendant's … |
| 21-5409 |
Antonyo Reece v. United States |
Fifth Circuit |
2021-08-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court judicial-discretion pepper-precedent pepper-v-united-states rehabilitation-evidence sentencing sentencing-variance upward-departure |
Whether imposing an upward departure of 200 months to a criminal defendant who has exemplary rehabilitation evidence is incongruous to this Court's ho… |
| 20-8254 |
Demario M. Peterson v. United States |
Sixth Circuit |
2021-06-08 |
Denied |
Response WaivedIFP |
acquitted-conduct due-process fifth-amendment jury-trial procedural-reasonableness sentencing sentencing-variance sixth-amendment substantive-reasonableness |
Whether the Sixth Amendment, Fifth Amendment, and this Court's jurisprudence on the procedural and substantive reasonableness of sentences are implica… |
| 20-7100 |
Ryan Detrell Robinson v. United States |
Fourth Circuit |
2021-02-10 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review circuit-court-review constitutional-law criminal-procedure district-court-judgment due-process equal-protection sentencing sentencing-variance |
Whether the Circuit Court Erred Failing To Reverse District Court's Imposition of an "Alternate Variance Sentence" Which Was Designed To Insulate The … |
| 19-5883 |
Richard Johnson v. United States |
Eleventh Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
criminal-procedure eleventh-circuit evidentiary-hearing fourth-amendment franks-challenge franks-v-delaware gall-standard search-warrant search-warrant-challenge-standard sentencing-variance substantial-preliminary-showing substantive-reasonableness veracity |
I. Whether this Court Should Clarify the Quantum Necessary for a Finding of a "Substantial Preliminary Showing" That Entitles Defendants to a Hearing … |
| 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… |
| 19-5077 |
Carlton P. Cabot v. United States |
Second Circuit |
2019-07-05 |
Denied |
Response WaivedIFP |
appellate-review clear-error criminal-procedure factual-determination factual-findings olano plain-error rule-52(b) sentencing-variance standard-of-review |
A district court's factual determinations are generally reviewed for clear error. In rejecting petitioner's appeal in this case, the Second Circuit ad… |
| 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… |
| 18-9434 |
Juan Carlos Rodriguez v. United States |
Eleventh Circuit |
2019-05-29 |
Denied |
Response WaivedIFP |
404(b) 4th-amendment co-defendant-consent consent-search consent-to-search fourth-amendment jury-instructions prior-bad-acts prior-bad-acts-404(b) rule-404b search-and-seizure sentencing sentencing-variance standing-4th-amendment-search-and-seizure standing-to-suppress variance warrantless-search |
Whether the trial and appellate court erred when it adjudged that Petitioner had no standing to request suppression of evidence obtained from a warran… |
| 18-8675 |
Joshua Sedillo v. United States |
Tenth Circuit |
2019-04-05 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review circuit-precedent criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance variance |
Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with… |
| 18-8521 |
Angel Galan v. United States |
Second Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure due-process felon-in-possession firearm-offense ineffective-assistance obstruction-enhancement sentencing-guidelines sentencing-variance substantive-reasonableness upward-variance |
WHETHER THE SENTENCING COURT'S UPWARD VARIANCE FROM 71 MONTHS TO 84 MONTHS FOR FELON IN POSSESSION OF A FIREARM WAS SUBSTANTIVELY UNREASONABLE
WHETHE… |
| 18-8451 |
Luciano Garcia v. United States |
Tenth Circuit |
2019-03-18 |
Denied |
Response WaivedIFP |
appellate-procedure appellate-review criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance tenth-circuit variance |
Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with… |
| 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… |
| 18-7862 |
Vincent Beatty, aka Jamaal Beatty, aka Vincent Daward Beatty, aka Mozzi v. United States |
Fourth Circuit |
2019-02-08 |
Denied |
Response WaivedIFP |
abuse-of-discretion advisory-guidelines criminal-history criminal-procedure criminal-sentencing felon-in-possession reasonableness reasonableness-review sentencing-guidelines sentencing-variance sua-sponte upward-variance |
Whether a sua sponte upward variance sentence is reasonable where the advisory Guideline range accurately reflected the defendant's conduct and prior … |
| 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… |
| 18-6237 |
Jacob L. Smith v. United States |
Tenth Circuit |
2018-10-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553 appellate-review circuit-split criminal-procedure criminal-procedure-appeal due-process gall-v-united-states plain-error plain-error-review preservation-of-error sentencing sentencing-variance |
In order to preserve a § 3553(c) challenge to the adequacy of the district court's sentencing explanation, must a party, who is given no opportunity t… |
| 18-5397 |
Alejandro Parra-Ramos v. United States |
Ninth Circuit |
2018-07-30 |
Denied |
Response WaivedIFP |
criminal-procedure defendant-prejudice due-process government-misconduct judicial-discretion plain-error plea-agreement plea-agreement-breach prejudice prosecutorial-breach sentencing sentencing-guidelines sentencing-recommendation sentencing-variance upward-variance |
Whether a defendant suffers prejudice when the government breaches a plea agreement by calling its agreed-upon recommendation irrational, and the cour… |
| 18-5089 |
Kevin Khaaliq Beamon v. United States |
Fourth Circuit |
2018-07-02 |
Denied |
Response WaivedIFP |
18-usc-3553(a) criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-upon-revocation sentencing-variance substance-addiction supervised-release upward-variance |
Whether a district court may impose a significant upward variance at sentencing upon revocation of supervised release on an individual who had never b… |