superseding-indictment

7 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6635 Jose Amaury Sanchez-Jimenez v. United States, et al. First Circuit 2026-01-21 Pending Response WaivedIFP criminal-procedure federal-tort-claims-act fourth-amendment malicious-prosecution probable-cause superseding-indictment A. Chiaverini v. City of Napoleon, 602 U.S. 556 (2024) held that the presence of probable cause for one charge in a criminal proceeding does not categ…
21-6948 Robert Earl Ramseur v. United States Fifth Circuit 2022-01-25 Denied Response WaivedIFP 8th-amendment criminal-procedure double-jeopardy due-process grand-jury indictment prosecutorial-vindictiveness self-surrender sentencing superseding-indictment 1. Is it prosecutorial vindictiveness to have a superseding indictment after completion of the trial proceedings and sentencing without resubmission t…
21-6718 Gregory Chester and William Ford v. United States Seventh Circuit 2021-12-23 Denied Response WaivedIFP apprendi apprendi-doctrine conspiracy-sentencing criminal-procedure grand-jury indictment presentment-clause sentencing statutory-sentencing superseding-indictment Whether, where Apprendi and its progeny requires the petit jury to return special findings as to individual conspiracy defendants to justify an increa…
19-612 Hassan Abpikar v. United States Ninth Circuit 2019-11-13 Denied Response Waived circuit-court-conflict circuit-split conflict-with-other-circuits criminal-complaint criminal-procedure due-process original-indictment sentence-increase sentencing sentencing-enhancement speedy-trial-act statutory-interpretation superseding-indictment 1. Whether the 9th Circuit Court of Appeals Ruling on petitioner's claim to his Rights under the Speedy Trial Act is IN CONFLICT WITH OTHER CIRCUITS, …
19-5722 Moses Shepard v. United States Ninth Circuit 2019-08-28 Denied Response WaivedRelisted (2)IFP 30-70-day-clock circuit-split constructive-amendment due-process grand-jury-clause indictment-clause plain-error speedy-trial-act subsequent-indictment superseding-indictment Whether (as the Eleventh Circuit holds), under § 3161(d)(1), a "subsequent replacement indictment " "restarts the clock regardless of how the prior in…
18-8762 Jason Curtis Brown v. United States Sixth Circuit 2019-04-09 Denied Response WaivedIFP 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment indictment remand standing superceding-indictment superseding-indictment WHETHER S FIFTH. AMENDMENT RIGHT TO DOUBLE JEOPARDY, DUE PROCESS AND THE EXPRESSED TERMS OF THE 6TH CIR. COURT OF APPEALS LIMITED REMAND ORDER WERE VI…
18-6716 Jerry Walker, aka Jerry Richmond v. United States Seventh Circuit 2018-11-16 Denied IFP appeal appellate-procedure appellate-review circuit-court conviction conviction-reversal conviction-vacatur criminal-procedure double-jeopardy due-process judicial-review jurisdiction legal-preclusion sentencing superseding-indictment Whether The Seventh Circuit Contravened The Holding Of Griffith By Concluding That Booker And Pepper Were NOT Retroactive To The Petitioner's Case Wit…