supervised-release

349 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6848 Dennis Lenin Carranza-Clavel v. United States Fifth Circuit 2026-02-18 Pending Response WaivedIFP appellate-review deportable-alien plain-error-review sentencing statutory-interpretation supervised-release Whether a district court violated 18 U.S.C. § 3583(c) and U.S.S.G. § 5D1.1(c) by imposing a term of supervised release on a deportable defendant witho…
25-6847 Andre Lamont Rawls v. United States Fifth Circuit 2026-02-18 Pending Response WaivedIFP appellate-review concurrent-sentences consecutive-sentences sentencing sentencing-guidelines supervised-release Whether the judge in the Southern District of Mississippi erred by ordering the 60-month supervised release revocation sentence at issue to run consec…
25-6718 Otto Melvin Ramirez v. United States Fifth Circuit 2026-02-04 Pending Response WaivedIFP circuit-split deportable-alien individualized-finding sentencing-factors statutory-interpretation supervised-release Whether a district court violated 18 U.S.C. § 3583(c) and U.S.S.G. § 5D1.1(c) by imposing a term of supervised release on a deportable defendant witho…
25-6653 Randy Campos v. United States Fifth Circuit 2026-01-22 Denied Response WaivedIFP appellate-review criminal-procedure district-court sentencing-factors statutory-interpretation supervised-release Did the district court obviously err by considering the retributive factors under 18 U.S.C. § 3553(a)(2)(A), in violation of Esteras v. United States,…
25-6563 Gary Craig Stephens v. United States Ninth Circuit 2026-01-13 Pending Response RequestedResponse WaivedIFP court-of-appeals plain-error-review procedural-error sentencing-guidelines sentencing-range supervised-release 1. Whether a court of appeals may affirm a sentence when the district court never calculated or identified the applicable Sentencing Guidelines range,…
25-818 Terrell Anthony Hargrove v. Ian Healy, Warden Sixth Circuit 2026-01-12 Pending Amici (2) circuit-split first-step-act incarceration-reduction statutory-interpretation supervised-release time-credits Whether "[t]ime credits" under 18 U.S.C. § 3632(d)(4)(C) may be applied to reduce an individual's term of supervised release.
25-6416 Omar Anthony Quintero-Arias v. United States Ninth Circuit 2025-12-22 Denied Response WaivedIFP appellate-review circuit-split harmless-error sentencing-factors statutory-interpretation supervised-release Though district courts have discretion to impose appropriate conditions of supervised release, that discretion is limited by 18 U.S.C. § 3583. See Con…
25A731 Michael Thomas McCowan v. United States Fifth Circuit 2025-12-22 Application 922(g)(1) constitutional-challenge criminal-conviction firearm-possession second-amendment supervised-release Question not identified.
25-6401 Frankie Centeno v. United States Second Circuit 2025-12-18 Denied Response WaivedIFP constitutional-challenge criminal-procedure felony-conviction gun-rights second-amendment supervised-release 1. Whether 18 U.S.C. § 922(g)(1) is unconstitutional on its face or as applied to Petitioner because, consistent with theSecond Amendment, the federal…
25A707 Edward C. Brown v. United States Seventh Circuit 2025-12-17 Denied child-pornography forensic-evidence knowingly-possessed metadata probation-violation supervised-release Question not identified.
25-6354 Osric Tyrone Daise v. United States Fourth Circuit 2025-12-12 Denied Response WaivedIFP criminal-procedure plain-error punishment revocation sentencing supervised-release Whether the district court committed plain error in revoking Mr. Daise's supervised release pursuant to 18 U.S.C. § 3583(e) when the court's expressed…
25-6324 Craig Edward Hunnicutt, Jr. v. United States Sixth Circuit 2025-12-09 Denied Response WaivedIFP criminal-procedure factual-findings self-defense sentencing-discretion sixth-circuit supervised-release I. Whether the Sixth Circuit decision affirming Mr. Hunnicutt's supervised release violation and new law convictions, improperly upheld the clearly er…
25-6271 Eric Arthur Walton v. United States Fourth Circuit 2025-12-02 Denied Response WaivedIFP criminal-procedure discretionary-standard district-court pro-se-representation standard-of-review supervised-release Whether the standard of review of a district court's decision to allow a defendant to proceed pro se at a supervised release revocation hearing is de …
25-6250 Richard Ruston v. United States Tenth Circuit 2025-11-26 Pending Response RequestedResponse WaivedIFP circuit-split federal-criminal-law sentencing-conditions statutory-construction statutory-interpretation supervised-release Whether the "and" in 18 U.S.C. § 3583(d)(1), as well as the "and" in 18 U.S.C. § 3553(a)(1), as cross-referenced in section 3583(d)(1), means "and," o…
25-6168 Carl Rose v. United States Third Circuit 2025-11-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process hearsay-evidence revocation-hearing supervised-release Whether the Due Process Clause and Federal Rule of Criminal Procedure 32.1(b)(2)(C) require a district court, before admitting hearsay at a supervised…
25-6151 Christopher Lewis Tucker v. United States Fourth Circuit 2025-11-18 Denied Response WaivedIFP criminal-procedure medication-administration pretrial-custody sentencing-guidelines statutory-interpretation supervised-release Is a twenty-five year term of supervised release with stringent special conditions including the forced administration of medication "greater than nec…
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…
25-6116 Frank Iglesias v. United States Ninth Circuit 2025-11-14 Denied Response WaivedIFP criminal-procedure discretion early-termination ninth-circuit sentencing supervised-release Did the Ninth Circuit abused it's discretion in finding that Petitioner is not entitled to shortening or terminating supervised release of his sentenc…
25A453 Eric Arthur Walton v. United States Fourth Circuit 2025-10-21 Presumed Complete certiorari circuit-split federal-law pro-se standard-of-review supervised-release Question not identified.
25-5896 Shawn Travis Paschal v. United States Fifth Circuit 2025-10-15 Denied Response WaivedIFP appellate-review criminal-procedure imprisonment reasonableness-standard sentencing-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
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…
25-5763 James Lee Winn v. United States Ninth Circuit 2025-09-30 Denied Response WaivedIFP alcohol-restriction conditions-of-release deprivation-of-liberty sentencing-conditions statutory-interpretation supervised-release Whether Special Condition #11 of the imposed conditions of supervised release, requiring Mr. Winn to abstain from alcohol and stay out of bars, violat…
25-5515 Jessie Smith, III v. United States Ninth Circuit 2025-09-02 Denied Response WaivedIFP brady-disclosure constitutional-safeguards criminal-procedure due-process revocation-hearing supervised-release Does the Due Process Clause require that district courts apply the constitutional safeguards of Brady v. Maryland when a defendant faces a revocation …
25-5504 Justin Everett Kessler v. United States Ninth Circuit 2025-08-29 Denied Response WaivedIFP constitutional-conditions district-court-discretion lifetime-supervision sentencing-review supervised-release vagueness-doctrine I. Did the District Court Abuse Its Discretion by Imposing an Unconstitutionally Vague and Overbroad "Loitering" Supervised Release Condition? II. Di…
25-5493 Joshua Devon Barrow v. United States Fifth Circuit 2025-08-28 Denied Response WaivedIFP criminal-law first-step-act revocation sentencing statutory-maximum supervised-release When determining the statutory maximum sentence on revocation, should courts consult current law or only the law at the time of the underlying offense…
25-5470 Hombra Lavail Williams v. United States Eighth Circuit 2025-08-26 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure district-court-discretion esteras-precedent sentencing-factors statutory-interpretation supervised-release Whether, in light of this Court's decision in Esteras v. United States, 145 S. Ct. 2031 (2025) and in order to maintain uniform application of this Co…
25-5442 Jaron Burnett v. United States Third Circuit 2025-08-22 Pending Response RequestedResponse WaivedRelisted (7)IFP fifth-amendment imprisonment jury-right revocation-proceeding sixth-amendment supervised-release Whether the Fifth and Sixth Amendment jury right applies to supervised release revocation proceedings that impose a term of imprisonment beyond the ma…
25-5376 Wesley Swick v. United States Fifth Circuit 2025-08-15 Pending IFP criminal-procedure federal-law fugitive-tolling habeas-corpus sentencing supervised-release I. Whether the fugitive-tolling doctrine applies in the context of supervised release. Rico v. United States, No. 24-1056, presents the same question.
25-5348 Hector Cristobal Mejia-Estrada v. United States Fifth Circuit 2025-08-13 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-authority judicial-delegation probation-officer sentencing-commission standard-conditions supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
25-5283 Deandre Blackman v. United States Sixth Circuit 2025-08-05 Denied Response WaivedIFP criminal-procedure judicial-discretion revocation-hearing sentencing-factors statutory-interpretation supervised-release Whether courts may rely on the 18 U.S.C. § 3553(a)(2)(A) factors when determining the length and conditions of additional supervision following a supe…
25-5282 Jackson Daniel Bowers v. United States Ninth Circuit 2025-08-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process jury-trial sixth-amendment supervised-release In United States v. Haymond , 139 S. Ct. 2369 (2019) , a 4-1-4 decision, this Court left undecided the question of how the Sixth Amendment's jury -tri…
25-5225 Manuel Vega v. United States Ninth Circuit 2025-07-29 Denied Response WaivedIFP criminal-procedure multiple-violations prison-term sentencing statutory-interpretation supervised-release A court, in imposing sentence upon a criminal defendant, may include as part of the sentence a term of supervised release. If the defendant violates t…
25-5222 Dahryl Lamont Reynolds v. United States Ninth Circuit 2025-07-29 Denied Response WaivedIFP criminal-rehabilitation felony-association liberty-deprivation probation-restrictions sentencing-conditions supervised-release Whether the standard condition banning association with all past felons is "reasonably related" to the goals of deterrence, incapacitation, and rehabi…
25-79 Ton Ton Aquino v. United States Eleventh Circuit 2025-07-22 Pending appellate-waiver circuit-split sentencing-conditions sex-offender-registration supervised-release unlawful-sentencing Whether it is unlawful for a court to impose sex offender registration as a condition of supervised release for a non-qualifying offense, and to enfor…
25-5149 Jerrell Sims v. United States Fifth Circuit 2025-07-18 Denied Response WaivedIFP appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
25-5112 Brian Lee Corbett v. United States Fourth Circuit 2025-07-15 Denied Response WaivedIFP criminal-procedure district-court judicial-discretion rule-35 sentencing supervised-release In this case, the district court held a hearing at which it revoked Corbett's term of supervised release and imposed a term of imprisonment as a resul…
25-5115 Gregory Kurzajczyk v. United States Second Circuit 2025-07-15 Denied Response WaivedIFP constitutional-rights criminal-procedure fourth-amendment probation-search supervised-release suspicionless-search Should the Court should grant the petition in order to resolve a conflict among the Courts of Appeals as to whether a probation officer's suspicionles…
25A21 Deago Lee Eddings v. United States Third Circuit 2025-07-08 Presumed Complete disarmament firearm-possession historical-tradition predicate-crime second-amendment supervised-release Question not identified.
24-7527 Kh'Lajuwon Amari Murat v. United States Eleventh Circuit 2025-06-30 Denied Response WaivedIFP congressional-intent judicial-construction plain-meaning revocation statutory-interpretation supervised-release 1. Whether, when a district court revokes a term of supervised release and imposes a period of imprisonment followed by a new term of supervised relea…
24-7521 Anthony D. Williams v. United States Fourth Circuit 2025-06-27 Denied Response WaivedIFP criminal-procedure due-process government-burden revocation-hearing supervised-release witness-absence WHETHER MR. WILLIAMS DUE PROCESS RIGHTS REQUIRING THE GOVERNMENT TO SHOW GOOD CAUSE FOR A WITNESS'S ABSENCE FROM A SUPERVISED RELEASE REVOCATION HEARI…
24A1267 Deamonte Law v. United States Third Circuit 2025-06-23 Presumed Complete 922(g)(1) bruen-test firearm-possession historical-tradition second-amendment supervised-release Question not identified.
24-7254 Legarius Deshawn Bonner v. United States Fourth Circuit 2025-05-20 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process PROTECT-Act revocation sentencing supervised-release DOES THE COURT VIOLATE A DEFENDANT'S RIGHTS TO DUE PROCESS OF LAW WHEN IMPOSING A SENTENCE UPON REVOCATION OF SUPERVISED RELEASE, WHEN THE COURT EMPLO…
24-6990 Abdul Kilgore v. United States Sixth Circuit 2025-04-15 Denied Response WaivedIFP confrontation-clause hearsay-evidence procedural-reasonableness sentencing sixth-amendment supervised-release 1. Whether the district court's reliance on hearsay evidence, including a complaining witness's video statement and photographic evidence, in a superv…
24-1056 Isabel Rico v. United States Ninth Circuit 2025-04-07 Granted Amici (4) criminal-procedure federal-law fugitive-tolling sentencing supervised-release tolling-doctrine Whether the fugitive-tolling doctrine applies in the context of supervised release.
24-6924 John Gabriel Trevino v. United States Fifth Circuit 2025-04-03 Denied Response WaivedIFP constitutional-rights criminal-law firearm-possession second-amendment statutory-interpretation supervised-release Whether 18 U.S.C. §922(g)(1), and post-conviction supervised release restrictions prohibiting possession of a firearm on any supervisee regardless of …
24-6836 Christian Genao v. United States Second Circuit 2025-03-24 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-procedure due-process fifth-amendment sentencing supervised-release Federal criminal defendants have a right to be present at sentencing, grounded in the Fifth Amendment Due Process Clause and codified in Federal Rule …
24-6761 Eric Vaughn v. United States Sixth Circuit 2025-03-13 Denied Response WaivedIFP circuit-split criminal-sentencing drug-testing probation-officer special-conditions supervised-release If a criminal defendant receives a term of supervised release, the district court will specify the conditions that the defendant must follow. See 18 U…
24-968 Diontai Moore v. United States Third Circuit 2025-03-11 Denied as-applied-challenge felon-in-possession firearm-prohibition historical-tradition second-amendment supervised-release In 2021, intruders tried to break into the house where Diontai Moore was living with his fiancée and her three children. Terrified, his fiancée took h…
24-6652 David R. Kitchen v. United States Fourth Circuit 2025-02-26 Denied Response WaivedIFP criminal-procedure fourth-circuit home-detention judicial-review sentencing-discretion supervised-release I. Whether the Fourth Circuit erred by affirming the District Court's discretion in sentencing Mr. Kitchen to six (6) months of home detention for a s…
24-6621 Curtis Brown v. United States Eleventh Circuit 2025-02-24 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-law criminal-procedure fifth-amendment judicial-discretion sentencing-conditions supervised-release Under the Fifth Amendment, is a district court required to orally pronounce at sentencing all discretionary "standard conditions" of supervised releas…
24-6615 Gregory P. Damm v. United States Fifth Circuit 2025-02-21 Denied Response WaivedIFP criminal-procedure federal-sentencing hearsay plain-error revocation-proceeding supervised-release Can a federal supervised release defendant can ever obtain relief on plain error for the erroneous admission of hearsay in a revocation proceeding?
24-6431 Norman Seneka Bowers v. United States Fourth Circuit 2025-01-30 Denied Response WaivedIFP direct-appeal judicial-discretion jurisdictional-delay retroactive-application sentencing-guidelines supervised-release I. Whether Amendment 821 to the United States Sentencing Guidelines Should be Applied Retroactively on Direct Appeal. II. Whether A District Court Ma…
24-6292 Shannon L. Cotton v. United States Seventh Circuit 2025-01-14 Denied Response WaivedIFP criminal-sentencing fair-sentencing-act felony-classification first-step-act statutory-interpretation supervised-release Whether the plain language of 18 U.S.C. § 3583(e)(3) requires a district court to determine the current classification of a defendant's felony by look…
24-6271 Javier Francisco Perez v. United States Fifth Circuit 2025-01-13 Denied Response WaivedIFP categorical-approach criminal-procedure felony-offense probation-revocation sentencing-guidelines supervised-release I. Whenever a probationer or supervised releasee faces revocation, the Guidelines Manual assigns a grade to the violation "conduct." The violation gra…
24-6284 Christopher Duncan v. United States Fifth Circuit 2025-01-13 Denied Response WaivedIFP appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
24A633 Diontai Moore v. United States Third Circuit 2024-12-27 Presumed Complete bruen firearm-possession gun-control historical-tradition second-amendment supervised-release Question not identified.
24-6104 Maurice Kerrick, Jr. v. United States District of Columbia 2024-12-10 Denied Response WaivedIFP criminal-sentencing double-jeopardy due-process maximum-term sixth-amendment supervised-release Whether a defendant's due process rights are violated when he is never informed that he may be sentenced to an additional term of imprisonment for vio…
24-6064 Johnny Nunez Garcia v. United States Second Circuit 2024-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure de-novo-review firearm-possession second-amendment supervised-release Whether the term of supervised release prohibiting possession of firearms violates the Second Amendment?
24A383 James Garrett and Levi Garrett v. United States Eighth Circuit 2024-10-22 Presumed Complete criminal-appeal eighth-circuit medical-hardship pro-se supervised-release writ-of-certiorari Question not identified.
24-5739 Christopher Lee Parker v. United States Fifth Circuit 2024-10-10 Denied Response WaivedIFP due-process fifth-amendment first-amendment internet-restriction plea-agreement supervised-release Whether the Fifth Circuit erred by dismissing Mr. Parker's appeal based on the waiver of appeal provisions in his Plea Agreement.
24-5650 Roberto Yepez v. United States Ninth Circuit 2024-09-27 Denied Response WaivedIFP circuit-split compassionate-release federal-criminal-procedure sentencing-modification statutory-interpretation supervised-release Whether, as the Second and Seventh Circuits have indicated, the compassionate-release statute in 18 U.S.C. § 3582(c)(1) permits reducing supervised re…
24-5608 Jason Smith v. United States Seventh Circuit 2024-09-23 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure recognizance-forfeiture sixth-amendment supervised-release Historical documents showing that the Framers would have understood the jury right to apply to forfeitures of recognizance, a proceeding similar to re…
24-5594 Seldrick Carpenter v. United States Seventh Circuit 2024-09-20 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP article-iii constitutional-rights criminal-procedure jury-trial sixth-amendment supervised-release IL Historical documents show that the Framers would have understood the jury right to apply to forfeitures of recognizance, a proceeding similar to re…
24-5492 Jalen Rashad Pasley v. United States Sixth Circuit 2024-09-09 Denied Response WaivedIFP criminal-procedure deprivation-of-liberty fifth-amendment individualized-assessment sentencing-conditions supervised-release Under the Fifth Amendment, is a district court required to orally pronounce at sentencing all discretionary "standard conditions" of supervised releas…
24-5456 Robert Paul Durrell v. United States Sixth Circuit 2024-09-04 GVR Relisted (2)IFP circuit-split criminal-procedure sentencing-discretion sentencing-factors statutory-interpretation supervised-release The supervised-release statute, 18 U.S.C. § 3583(e), lists factors from 18 U.S.C. § 3553(a) for a court to consider when sentencing a person for viola…
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…
24-5333 Jamal Mohammad Eleidy v. United States Fourth Circuit 2024-08-15 Denied Response WaivedIFP appeal-waiver deportation illegal-sentence sentencing-condition statutory-interpretation supervised-release Where the district court in sentencing a United States citizen imposes deportation as a supervised release condition, and 18 U.S.C. § 3583(d) expressl…
24-5237 Warren Alexander v. United States Second Circuit 2024-08-06 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process presentence-report sentencing supervised-release Should the Court grant the petition in order to resolve a conflict among the circuits as to whether a district court in imposing sentence is required …
24-5021 Joyce Isagba v. United States Eleventh Circuit 2024-07-09 Denied Response WaivedIFP admissibility criminal-procedure due-process evidence-admissibility federal-rules-of-evidence-404b fifth-amendment prior-bad-acts relevance rule-404b sentencing-conditions supervised-release I. Under Rule 404(b), Federal Rules of Evidence, is a single uncharged act occurring 5-7 year prior to the charged conduct in question, without any in…
23-7817 Fernando Angel Puga v. United States Fifth Circuit 2024-06-28 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process judicial-authority judicial-delegation probation-officer sentencing-guidelines standard-conditions supervised-release When a district court imposes a term of supervised release as part of a sentence, the United States Sentencing Commission recommends imposing a long l…
23-7821 Noe Rodriguez-Adorno v. United States First Circuit 2024-06-27 Denied Response WaivedIFP communications constitutional-rights criminal-procedure defense-counsel district-court impasse right-to-counsel sixth-amendment supervised-release 1. Should certiorari be granted where defense counsel informed the District Court he and Petitioner were at an impasse, and all communications between…
23-7775 Edward Treisback v. United States Eleventh Circuit 2024-06-21 Denied Response WaivedIFP 5th-amendment burden-of-proof criminal-procedure due-process fifth-amendment morrissey-v-brewer revocation-hearing supervised-release Did the District Court shift the burden of proof from the United States to the defendant in violation of 18 U.S.C. 3583(c)(3) {see In Re Winship, 397 …
23-7583 Shawn Hill v. United States Second Circuit 2024-05-29 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure mental-health plea-bargaining remorse sentencing sentencing-guidelines substantive-reasonableness supervised-release 1. Was petitioner improperly denied credit for acceptance of responsibility based on an incident in a Hartford jail that appeared to be a mental healt…
23-7508 Matias Zarate v. United States Seventh Circuit 2024-05-17 Denied Response WaivedIFP appellate-review criminal-procedure due-process guidelines reasonableness reasonableness-standard sentencing sentencing-guidelines seventh-circuit supervised-release Whether a sentence within the guidelines range is unreasonable when the defendant has already served more time on supervised release than originally s…
23-7483 Edgardo Esteras v. United States Sixth Circuit 2024-05-15 Judgment Issued Amici (1)Response RequestedResponse WaivedRelisted (4)IFP 18-usc-3553 18-usc-3583 circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors statutory-interpretation supervised-release Even though Congress excluded section 3553(a)(2)(A) from section 3583(e)'s list of factors to consider when revoking supervised release, may a distric…
23-7256 John Pedelahore v. United States Fifth Circuit 2024-04-18 Denied Response WaivedIFP criminal-procedure district-court-discretion due-process eighth-amendment federal-sentencing sentencing sentencing-guidelines substantive-reasonableness supervised-release Whether the district court erred by ordering Mr. Pedelahore to serve 30 months in prison for nonviolent supervised release violations when the recomme…
23-7161 James E. Homan v. United States Fifth Circuit 2024-04-08 Denied Response WaivedIFP district-court due-process facts judicial-discretion record revocation revocation-proceeding sentencing supervised-release Whether the district court violated Mr. Homan's right to due process during the sentencing phase of this supervised release revocation proceeding when…
23-7145 Richard Dewayne Lewis v. United States Fourth Circuit 2024-04-04 Denied Response WaivedIFP 18-usc-3583 appellate-review circuit-split extra-statutory-factors revocation-sentences sentencing sentencing-review standard-of-review statutory-interpretation supervised-release L. What is the proper standard of review for evaluating supervised release revocation sentences on appeal? I. May a district court imposing sentence …
23-6909 Arnold D. Holland v. United States Eleventh Circuit 2024-03-06 Denied Response WaivedIFP criminal-procedure fourth-amendment probable-cause reasonable-suspicion search search-and-seizure supervised-release totality-of-circumstances 1. Whether the Fourth Amendment applies to the act of searching or the initial decision to search, based on an objective standard considering the tota…
23-966 Oscar Amos Stilley v. United States Tenth Circuit 2024-03-06 Denied Response Waived criminal-procedure due-process federal-jurisdiction federal-procedure judicial-appointments judicial-assignment judicial-cross-designation judicial-ethics statutory-interpretation supervised-release 1. Whether or not 13 consecutive cross-designations of Oklahoma district judges, with apparent intent to issue new cross-designations each year, in pe…
23-6834 Jeremy Lee Sestak v. United States Tenth Circuit 2024-02-27 Denied Response WaivedIFP as-applied-petition constitutional-protections criminal-procedure double-jeopardy sentencing sentencing-guidelines supervised-release u.s.s.g.-§4b1.5 u.s.s.g.-§5d1.2 Can a defendant bring an as-applied petition for modification of the supervised conditions? Does supervised release conditions as applied invoke Doub…
23-6824 Jeremiah James Lynch v. United States Eighth Circuit 2024-02-26 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment parole proportionality sentencing sentencing-guidelines supervised-release Is it a Constitutional Violation to a grade A, naoUTk>iT\ f^ccx lOO? w*W T^^rmorc. /AovavT, ^cawsq A w^e, T,\m<l \a\£> oc\AW a\■6<^ v0^ c^- ('^ YAoa't…
23A776 Cynthia L. Montoya v. United States Ninth Circuit 2024-02-26 Presumed Complete constitutional-right due-process oral-pronouncement remedial-approach sentencing-conditions supervised-release Question not identified.
23-6759 Hia-Keem Don'ae Rice v. United States Fourth Circuit 2024-02-15 Denied Response WaivedIFP criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion sentencing supervised-release written-judgment Whether Rule 43(a)(3) of the Federal Rules of Criminal Procedure, which requires a defendant to be present at sentencing, permits the sentencing judge…
23A720 Jeremy Lee Sestak v. United States Tenth Circuit 2024-02-05 Presumed Complete constitutional-challenge double-jeopardy fifth-amendment modification-of-conditions sentencing supervised-release Question not identified.
23-6645 Arthur Johnson v. United States Fifth Circuit 2024-02-01 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-6580 Charles Ramon, III, aka Charles Roger Ramon v. United States Tenth Circuit 2024-01-25 Denied Response WaivedIFP evidence fourth-amendment privacy-expectation probation probation-conditions reasonable-suspicion search-and-seizure supervised-release warrantless-search This Court's prior precedent in Griffin v. Wisconsin, 483 U.S. 868 (1987) and its progeny hold that a person's status as a supervised releasee, such a…
23-6453 James David Welton v. United States Eighth Circuit 2024-01-10 Denied Response WaivedIFP circuit-court civil-rights criminal-procedure due-process habeas-corpus maximum-sentence petition-review procedural-challenge sentencing state-court-conviction supervised-release supreme-court-review Whether the court should grant the writ to resolve a circuit split as to whether the sentence of supervised release must be counted with a 10 year max…
23-6359 Davin Chaz Nevins v. United States Fifth Circuit 2023-12-27 Denied Response WaivedIFP constitutional-law criminal-procedure due-process sentencing sixth-amendment supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-6164 Albert Carrasco, v. United States Ninth Circuit 2023-12-05 Denied Response WaivedIFP criminal-history criminal-procedure due-process liberty-interest liberty-restriction rehabilitation sentencing sex-offender supervised-release For a low-level sex offender (like a mere possessor of child pornography with no prior criminal history), is a supervised-release condition prohibitin…
23-6161 Norman Javier Herrera Pastran v. United States Eleventh Circuit 2023-12-04 Denied Response RequestedResponse WaivedRelisted (2)IFP commerce-clause criminal-law criminal-statute due-process first-amendment free-speech internet-access sex-offender supervised-release 1. Whether the constitutional holding of Packingham v. North Carolina, 137 S. Ct. 1730 (2017)—which recognized a First Amendment right to access the I…
23A499 Stephen Aguiar v. United States Second Circuit 2023-12-01 Presumed Complete appeal-dismissal certificate-of-appealability federal-prisoner mootness section-2255 supervised-release Question not identified.
23-6051 Stephen Aguiar v. United States Second Circuit 2023-11-17 Denied Response WaivedIFP article-iii cares-act case-or-controversy drug-conspiracy home-confinement prison-term supervised-release DOES A PRISONER SERVING A -36 MONTH PRISON TERM FOR REVOCATION OF SUPERVISED RELEASE CONCURRENT WITH HIS 360 MONTH PRISON TERM FOR A DRUG CONSPIRACY…
23-5977 Sean Overstreet v. United States Second Circuit 2023-11-09 Denied Response WaivedIFP constitutional-rights counsel-waiver criminal-defendant-rights criminal-procedure due-process right-to-be-present sentencing supervised-release waiver May counsel waive a criminal defendant's right to be present during the portion of his sentence in which special conditions of supervised release are …
23-5940 John Paul Lopez v. United States Fifth Circuit 2023-11-02 Denied Response WaivedRelisted (2)IFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
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…
23-5921 Vahe Sarkiss v. United States Ninth Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP 4th-amendment child-pornography civil-rights due-process fourth-amendment interstate-commerce reasonable-suspicion search-and-seizure supervised-release 1. Whether Petitioner Vahe Sarkiss' Fourth Amendment rights were violated because there was no reasonable suspicion of a violation of supervised relea…
23-5835 Sean Christopher Finnell v. United States Eleventh Circuit 2023-10-18 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-defendants first-amendment internet-access packingham-v-north-carolina sex-offenders sixth-amendment supervised-release 1. In Packingham v. North Carolina, 582 U.S. 98 (2017), the Court held that a North Carolina statute prohibiting registered sex offenders from accessi…
23-5773 Adrian De La Torre v. United States Fifth Circuit 2023-10-12 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release When a district court imposes a term of supervised release as part of a sentence, the United States Sentencing Commission recommends imposing a long l…
23-5776 Andrea Lamont Medlock v. United States Fifth Circuit 2023-10-12 Denied Response WaivedIFP criminal-procedure federal-authority imprisonment-review judicial-discretion plain-error reasonableness revocation sentencing-review sentencing-standards standard-of-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
23-5631 Jason M. Moriarty v. United States Eleventh Circuit 2023-09-21 Denied Response WaivedIFP consecutive-sentences criminal-law criminal-procedure imprisonment maximum-sentence revocation-of-release sentencing sentencing-guidelines statutory-interpretation supervised-release When revoking multiple terms of supervised release and requiring a defendant "to serve in prison all or part of the term of supervised release," may t…
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?
23-5499 Manuel De Jesus Del Cid Bran v. United States Fourth Circuit 2023-08-31 Denied Response WaivedIFP 18-usc-3583 abuse-of-discretion criminal-procedure criminal-sentencing deportation discretionary-sentencing sentencing-commission supervised-release A district court may not consider retribution when deciding whether to impose a term of supervised release. See Concepcion v. United States, 142 S. Ct…
23-5503 Roman Alvarado, Jr. v. United States Fifth Circuit 2023-08-31 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release When a district court imposes a term of supervised release as part of a sentence, the United States Sentencing Commission recommends imposing a long l…
23-5484 Dion Ray Wheeler v. United States Fifth Circuit 2023-08-30 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-5449 Antonio Rojas v. United States Fifth Circuit 2023-08-25 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-5177 Kenneth Ragan-Armstrong v. United States Fourth Circuit 2023-07-24 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion plain-error procedural-reasonableness sentencing sentencing-conditions supervised-release Whether the district court plainly erred in imposing special conditions of supervision without explaining why such conditions were necessary or approp…
23-5045 Evans Samuel Santos Diaz v. United States Third Circuit 2023-07-05 Denied Response WaivedIFP associational-rights conditions-of-release constitutional-scrutiny criminal-procedure due-process first-amendment freedom-of-association individual-liberty supervised-release 1. The First Amendment guarantees individuals a right to associate. Petitioner and his fiancée want to associate. The Court of Appeals affirmed a dist…
22-7839 Christian Ruben Tirado v. United States Ninth Circuit 2023-06-21 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure due-process federal-question gang-paraphernalia supervised-release vagueness-doctrine Is a special condition of supervised release that prohibits a supervisee from possessing any of a laundry list of items "known to represent associatio…
22-7802 James B. Norris, Jr. v. United States Eighth Circuit 2023-06-16 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review circuit-split criminal-procedure due-process internet-access judicial-explanation pro-se-motion revocation-hearing sentencing sentencing-discretion supervised-release Whether the Eighth Circuit erred – contrary to the holdings of the Second, Fourth, Seventh, Ninth, Eleventh, and D.C. Circuit Courts of Appeals, which…
22-7723 Wesley Jorome Harris v. United States Fifth Circuit 2023-06-06 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-7585 Enrique Roberto Villarreal v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-7526 Charles Edward Krupalla v. United States Fifth Circuit 2023-05-11 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing-guidelines judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release The United States Sentencing Commission recommends imposing a long list of "standard" conditions of supervised release. Standard Condition 12 reads: …
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…
22-7471 Renzo Alegre v. United States Eleventh Circuit 2023-05-05 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split constitutional-law first-amendment internet-access sex-offenders supervised-release Does the constitutional holding of Packingham v. North Carolina, 137 S. Ct. 1730 (2017) — which recognized a First Amendment right to access the Inter…
22-7396 Richard Anthony Wilford v. United States Fourth Circuit 2023-04-28 Denied Response WaivedIFP cocaine-quantity criminal-procedure district-court due-process equal-protection false-declaration pro-se pro-se-petition sentencing sentencing-memorandum supervised-release supremacy-clause Whether to grant the petition for a writ of certiorari, vacate the judgment, and remand for reconsideration in light of Concepcion V. United States, 1…
22-985 Ferrell Walker v. United States Eleventh Circuit 2023-04-11 Denied Response Waived child-pornography double-jeopardy fifth-amendment revocation sentencing supervised-release 1. Whether the subsequent imposition of a sentence to a term of imprisonment of 168 months on a charge of possession of child pornography, to run cons…
22-7035 Brian Keith Person, Jr. v. United States Fourth Circuit 2023-03-17 Denied Response WaivedIFP fourth-circuit harmless-error mitigating-arguments procedural-error sentencing standard-of-review supervised-release I. Whether the Fourth Circuit Erred By Applying a "Plainly Unreasonable" Standard of Review for Mr. Person's Supervised Release Violation Sentence ins…
22-6973 Joseph Woloszyn v. United States Ninth Circuit 2023-03-08 Denied Response WaivedIFP burden-of-proof criminal-threat drug-addiction due-process preponderance-of-evidence probation-violation revocation-hearing sentencing-guidelines supervised-release uncorroborated-statements I. Did Woloszyn's Uncorroborated Statements to the Probation Officer Prove Woloszyn Violated the Terms of His Supervised Release? II. Does a Violatio…
22-6816 Montray Lorenzo Cato v. United States Fifth Circuit 2023-02-21 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-6824 Daniel Dietz v. United States Ninth Circuit 2023-02-21 Denied Response WaivedIFP constitutional-review criminal-procedure due-process gall-v-united-states johnson-v-united-states ninth-circuit revocation sentencing supervised-release The Ninth Circuit failed to apply this Court's decisions delineating the purpose of supervised release as set forth in Johnson v. United States, 529 U…
22-6731 Lamon Demetrus Wright v. United States Fifth Circuit 2023-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation confrontation-rights due-process evidence-admissibility federal-courts good-cause good-cause-standard hearsay hearsay-reliability reliability supervised-release What manner of hearsay should be considered "reliable" when federal courts decide whether the government has established "good cause" to deny confront…
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 …
22-6626 Jonathan Jefferson Ferris v. United States Fifth Circuit 2023-01-26 Denied Response WaivedIFP constitutional-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
22-6616 Brian Cota v. United States Ninth Circuit 2023-01-24 Denied Response WaivedIFP appellate-review criminal-law criminal-sentencing due-process notice plea-bargaining plea-negotiation sentencing sentencing-guidelines supervised-release Whether the court of appeals erred by concluding that Mr. Cota can be subject to a life time of supervised release, and thereby a lifetime of revocati…
22-6510 Daniel Marmolejo v. United States Fifth Circuit 2023-01-10 Denied Response WaivedIFP constitutional-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
22-6487 Chasity Reanee Orellana v. United States Fifth Circuit 2023-01-09 Denied Response WaivedIFP criminal-procedure district-court due-process jurisdiction post-release-conduct revocation sentencing supervised-release Whether the district court erred by revoking Ms. Orellana's supervised release because its revocation decision relied on conduct that occurred after h…
22-6493 Robert Keith Kinsey v. United States Fifth Circuit 2023-01-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights controlled-substance criminal-procedure due-process fifth-circuit preponderance-of-evidence sentencing supervised-release trial-by-jury Section 3583(g) of United States Code Title 18 requires a district court to revoke a defendant's term of supervised release and impose a term of impri…
22-6323 Luis R. Figueroa-Gonzalez v. United States First Circuit 2022-12-16 Denied Response WaivedIFP circumstantial-evidence criminal-law evidence firearm-alteration firearms knowledge-inference machine-gun mens-rea statutory-definition statutory-interpretation supervised-release Whether the presence of a visible alteration in a seized firearm is sufficient to satisfy the government's burden to prove that the defendant knew of …
22-6246 Antonio Osorio-Mendez v. United States Fifth Circuit 2022-12-07 Denied Response WaivedIFP constitutional-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
22-6214 Timothy Robert Gallion v. United States Fourth Circuit 2022-12-02 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit sentence-credit sentencing-credit sentencing-discretion sentencing-guidelines supervised-release A. WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DISMISSING MR. GALLION'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERR…
22-6038 Gabriel Mangum v. United States Eighth Circuit 2022-11-10 Denied Response WaivedIFP 18-usc-751 5th-amendment criminal-procedure double-jeopardy escape-from-custody fifth-amendment residential-reentry-center statutory-interpretation supervised-release 1. Whether Petitioner's 5" Amendment Double Jeopardy rights were violated when he was punished twice for the same conduct, to wit: Escape from Custody…
22-5927 Jonathan Lee Oliver v. United States Ninth Circuit 2022-10-27 Denied Response WaivedIFP due-process fifth-amendment judicial-procedure jury-trial non-jury-proceeding preponderance-of-evidence sixth-amendment supervised-release Did the district court's unindicted, non-jury, preponderance of the evidence fact-finding that Mr. Oliver committed a new federal offense to conclude …
22-5811 Matthew Poulin v. United States Seventh Circuit 2022-10-12 Denied Response WaivedIFP alcohol-consumption alcohol-prohibition appeal criminal-procedure district-court due-process reasonableness sentencing supervised-release unreasonable-sentence I. Whether the district court erred by sentencing Mr. Poulin to twelve (12) months considering the circumstances of the case? II. Whether the special…
22-5769 Donovan Lemont Bookman v. United States Fifth Circuit 2022-10-05 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-5340 Jonathan Wells v. United States Ninth Circuit 2022-08-11 Denied Response WaivedIFP constitutional-rights due-process first-amendment free-speech internet-access packingham-v-north-carolina sex-offenders supervised-release Whether the same First Amendment principles in Packingham apply to sex offenders on supervised release and prohibit untailored bans on internet use du…
22-5298 Seth Anthony Johnson v. United States Ninth Circuit 2022-08-05 Denied Response WaivedIFP cell-phone-privacy fourth-amendment homeland-security homeland-security-search privacy-interest probation-condition probation-officer search-condition supervised-release warrantless-search Whether the Ninth Circuit improperly ruled that Mr. Johnson's supervised release search condition substantially diminished his weighty privacy interes…
22-5212 Jonita Desirrae Brown v. United States Fifth Circuit 2022-07-28 Denied Response WaivedIFP appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonableness reasonableness sentencing supervised-release Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness, as United States v…
22-5185 Thomas Creighton Shrader v. United States Fourth Circuit 2022-07-26 Denied Response WaivedIFP 18-usc-3583 18-usc-3742 double-jeopardy federal-bureau-of-prisons fifth-amendment sentencing-guidelines statutory-interpretation supervised-release #1 When the Federal Bureau of Prisons is misapplying 18 U.S.C. 3583(a) [Supervised Release] not only to Petitioner, but to thousands (1000's) of Feder…
22-5132 Joe Octavio Granado v. United States Fifth Circuit 2022-07-19 Denied Response WaivedIFP 18-usc-3583 concurrent-sentences consecutive-sentences district-court incarceration liberty-deprivation liberty-interest revocation sentencing statutory-interpretation supervised-release Whether the District Court, in revoking supervised release, excessively sentenced Petitioner with consecutive incarceration from an original concurren…
22-5094 Garfield D. Campbell v. United States Fourth Circuit 2022-07-13 Denied Response WaivedIFP 4th-amendment criminal-procedure district-court due-process evidence fourth-circuit marijuana-use reversible-error sentencing supervised-release WHETHER THE FOURTH CIRCUIT COURT OF APPEALS ERRED BY DENYING MR. CAMPBELL'S MERITORIOUS ARGUMENT THAT THE DISTRICT COURT COMMITTED REVERSIBLE ERROR BY…
21-8224 Arthur L. Gurbey v. United States Second Circuit 2022-06-23 Denied Response WaivedIFP circuit-split compelled-self-incrimination criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph polygraph-testing self-incrimination supervised-release Whether a condition of supervised release impermissibly compels a defendant to answer any questions posed during any examination during the period of …
21-8196 Cody Andrew Anderson v. United States Fifth Circuit 2022-06-22 Denied Response WaivedIFP appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonable reasonableness sentencing supervised-release Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness, as United States v…
21-8181 Joshua Hayes v. United States Eleventh Circuit 2022-06-17 Denied Response WaivedIFP constitutional-vagueness delegation-of-authority due-process judicial-delegation probation-conditions probation-officer sentencing-guidelines supervised-release vagueness Whether the imposition of Standard Condition (12), U.S.S.G. § 5D1.3(c)(12), violates a defendant's right to Due Process because the condition unconsti…
21-8159 Danny Leon Lynch, Jr. v. United States Fifth Circuit 2022-06-16 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-8128 Duane Williams v. United States Fifth Circuit 2022-06-14 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-procedure due-process evidentiary-standard mandatory-conditions revocation-hearing standard-conditions supervised-release witness-testimony Whether the district court erred by revoking Mr. Williams' supervised release status, and returning him to prison. This overall issue consists of the …
21-8093 Albert Aiad-Toss v. United States Sixth Circuit 2022-06-08 Denied Response WaivedIFP 18-usc-3553 18-USC-3553a abuse-of-discretion criminal-procedure district-court-discretion procedural-reasonableness reasonableness sentencing sentencing-guidelines substantive-reasonableness supervised-release Whether Mr. Aiad-Toss's lifetime supervised release term was procedurally unreasonable because the district court failed to adequately explain its dec…
21-8074 Juan Jesus Barrieta-Barrera v. United States Fifth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-8076 Siva K. Durbesula v. United States Fourth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release 1) WHETHER THE SIXTH AMENDMENT REQUIRES A JURY RATHER THAN A JUDGE TO DETERMINE FACTS WHICH ARE USED TO APPLY ENHANCED PUNSIHMENTS INCLUDING THE PERIO…
21-7975 Amir Karim Beigali v. United States Sixth Circuit 2022-05-26 Denied Response WaivedIFP 924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release DOES THE FIFTH AND SIXTH AMENDMENT UNDER THE U.S. CONSTITUTION PROHIBIT SECOND OR SUBSEQUENTLY SECTION 924 (c) (1) (C)(i) AND ITS CONSECUTIVE MANDATOR…
21-7959 Salito Marques Good v. United States Fourth Circuit 2022-05-24 Denied Response WaivedIFP appeal criminal-procedure criminal-sentencing double-jeopardy due-process fourth-circuit johnson-precedent sentencing-maximum statutory-interpretation statutory-maximum supervised-release (1) Whether a defendant can be required to serve more than the statutory maximum sentence for his offense of conviction when a sentence for violating …
21-7942 P'erre Jones v. United States Fifth Circuit 2022-05-23 Denied Response WaivedIFP 5th-amendment circuit-split criminal-procedure fifth-amendment polygraph polygraph-testing self-incrimination supervised-release Whether a circuit split should be resolved regarding whether a condition of supervised release requiring submission to polygraph testing violates a De…
21-7910 Kendrick Dwight Marshall v. United States Fifth Circuit 2022-05-18 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-7804 Charles Austin Alger, Jr. v. United States Fourth Circuit 2022-05-09 Denied Response WaivedIFP deprivation deprivation-of-liberty financial-conditions liberty policy-statements sentencing sentencing-commission sentencing-factors statutory-interpretation supervised-release Whether the district court violated 18 U.S.C. § 3583(d) when it imposed special financial conditions of supervised release that do not reasonably rela…
21-7686 Robert Maillet v. United States Fourth Circuit 2022-04-22 Denied Response WaivedIFP 5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment double-jeopardy due-process sex-offender-registry supervised-release UNDER ISSUE 1: Is §3583 ('Supervised Release) as it stands after 3583(k) was found to be unconstitutional, invalid, illegal, and so, void in whole? D…
21-7619 Jarbarri Randale Wall v. United States Fourth Circuit 2022-04-14 Denied Response WaivedIFP appeal-waiver criminal-procedure federal-law plea-agreement sentencing sentencing-condition statutory-authority statutory-maximum supervised-release The district court imposed a special condition of supervised release that the defendant abstain from the use of alcoholic beverages, not associate wit…
21-7594 Orin Kristich v. United States Tenth Circuit 2022-04-12 Denied Response WaivedIFP appeal-counsel attorney-misconduct court-discretion de-novo-review due-process judicial-misconduct judicial-procedure plea-bargaining plea-waiver sentencing-guidelines supervised-release 1. Whether the Appellant's Appeal Counsel, Mr. Acton, can tell the court that the Appellant agrees to dismiss the Appeal without ever talking to the A…
21-7600 Christopher Hibshman v. United States Seventh Circuit 2022-04-12 Denied Response WaivedIFP 18-USC-3583 18-USC-3583(e) criminal-conduct criminal-sentencing reasonableness-review sentencing sentencing-guidelines statutory-interpretation statutory-standards supervised-release 1. For violation of supervised release is the imposition of a 24 month sentence consecutive to a 2 year Indiana prison term unreasonable and at odds w…
21-7576 Edward Wright v. United States Ninth Circuit 2022-04-08 Denied Response WaivedIFP child-pornography constitutional-scrutiny liberty-interests non-delegation-doctrine overbreadth plea-agreement supervised-release third-party-notification vagueness I. Currently, the Circuits are split as to whether the standard federal supervision condition requiring third-party risk notification is constitutiona…
21-1317 Rafi Wali McCall v. United States Fifth Circuit 2022-04-04 Denied Response WaivedRelisted (2) acquittal constitutional-prohibition criminal-procedure double-jeopardy due-process judicial-finding jury-trial supervised-release Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that th…
21-7382 Adolfo Huerta v. United States Fifth Circuit 2022-03-16 Denied Response WaivedIFP article-ii constitutional-law due-process inpatient-treatment judicial-authority non-delegation probation-officer supervised-release treatment-program Does a supervised release condition imposing "inpatient or outpatient" participation in a treatment program constitute an impermissible delegation of …
21-7360 Marc N. Greenberg v. United States Sixth Circuit 2022-03-14 Denied Response WaivedIFP appellate-procedure constitutional-rights criminal-procedure criminal-proceeding due-process federal-rules-of-appellate-procedure fundamental-fairness notice-of-appeal supervised-release I. Whether the technical requirements of Federal Rule of Appellate Procedure 3(c)(l)(B), addressing the contents of a Notice of Appeal, trump an indiv…
21-7345 David Wayne Aring v. United States Eleventh Circuit 2022-03-11 Denied Response WaivedIFP child-pornography circuit-split due-process eighth-amendment first-time-offender judicial-discretion sentencing sentencing-guidelines supervised-release QUESTION ONE Whether in the exercise of its supervisory jurisdiction over the United States Courts, this Court should correct the correctable injustic…
21-7346 Avian Brule v. United States Fifth Circuit 2022-03-11 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error judicial-discretion revocation-standard sentencing supervised-release (1) What is the appellate standard of review applicable to sentences imposed following revocation of supervised release? (2) Is a district court's er…
21-7230 Gemar Morgan v. United States Sixth Circuit 2022-03-02 Denied Response WaivedIFP 4th-amendment civil-rights court-of-appeals criminal-procedure due-process judicial-review legal-standard probation sentencing sentencing-guidelines statutory-interpretation supervised-release Question not identified.
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…
21-7169 Latwon James v. United States Fourth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver I. Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a provision in Mr. James's plea agreement waiving his right to appeal …
21-7143 Johnny Brett Gregory v. United States Eleventh Circuit 2022-02-17 Denied Response WaivedRelisted (2)IFP 28-usc-1651 constitutional-rights coram-nobis criminal-procedure judicial-review legal-challenge petition-rights post-conviction-relief supervised-release writ-of-certiorari Does a former federal prisoner serving a term of supervised release have a Constitutional right to avail themselves of a Writ of Coram nobis remedy un…
21-7116 Victor Armando Acevedo v. United States Ninth Circuit 2022-02-15 Denied IFP criminal-law criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure federal-rules-of-criminal-procedure judicial-procedure notice sentencing supervised-release Whether, under Federal Rule of Criminal Procedure 43(a)(3), a district court can lawfully impose the thirteen "standard" supervised-release conditions…
21-7103 Roger D. Ream v. Florida Florida 2022-02-11 Rehearing Response WaivedRelisted (2)IFP civil-rights due-process first-amendment internet-access liberty-interest liberty-rights packingham-v-north-carolina probation-conditions property-rights supervised-release Under the First Amendment, does a person on probation or other form of supervised release have a constitutional right to access the Internet or other…
21-7041 Anthony Andrews v. Bryan K. Dobbs, Warden Fourth Circuit 2022-02-02 Denied Response WaivedIFP criminal-procedure due-process parole revocation sentencing supervised-release Question not identified.
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…
21-6745 Anthony Tyrone Garrett v. United States Fifth Circuit 2021-12-29 Denied Response WaivedIFP 18-usc-3583g 5th-amendment 6th-amendment jurisdiction supervised-release transfer-order Whether the district court for the Northern District of Texas lacked jurisdiction to revoke Garrett's supervised release when the transfer order actua…
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 …
21-6569 Jonathan Hilliam McDougal v. United States Fifth Circuit 2021-12-09 Denied Response WaivedIFP alcohol-treatment criminal-sentencing delegation-of-authority drug-treatment due-process judicial-discretion probation-terms sentencing sentencing-conditions supervised-release Whether the district court erred by ordering Mr. McDougal to undergo alcohol and drug treatment as a special condition of supervised release.
21-6525 George Patrick v. United States Sixth Circuit 2021-12-06 Denied Response WaivedIFP class-of-felony criminal-procedure error-correction felony-classification judicial-authority revocation-hearing sentencing sentencing-correction statutory-interpretation supervised-release A sentence imposed upon revocation of supervised release is governed by the class of felony determined at the time of the original sentence. 18 U.S.C.…
21-6465 Andrew John Gibson v. United States Ninth Circuit 2021-12-01 Denied Response WaivedIFP appellate-review constitutional-challenge criminal-procedure due-process non-delegation-doctrine overbreadth sentencing-conditions supervised-release third-party-notification vagueness L. Must federal appellate courts adjudicate direct appeal challenges to the illegality or unconstitutionality of supervised release conditions imposed…
21-6456 Terry Ray Carter v. United States Fifth Circuit 2021-11-30 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights constitutional-vagueness due-process first-amendment overbreadth-doctrine pornographic-matter pornography supervised-release vagueness I. Does a special condition of supervised release that prohibits possession or control of "any pornographic matter" violate due process as unconstitut…
21-6318 Michael Aaron Aldridge v. United States Fifth Circuit 2021-11-17 Denied Response WaivedIFP consecutive-sentences criminal-sentencing sentencing-guidelines statutory-interpretation substantive-reasonableness supervised-release 1. Whether the district court exceeded the statutory maximum sentence of 24 months imprisonment when it imposed five separate sentences of imprisonmen…
21-6119 Roger Edward Picard v. United States First Circuit 2021-10-28 Denied Response WaivedIFP criminal-law due-process mens-rea rehaif-v-united-states scienter sorna SORNA-registration supervised-release I. Did the First Circuit depart from this Court's decision in Rehaif v. United States, 588 U.S. ___ (2019), with respect to the presumption in favor o…
21-5956 Nolan Nathaniel Edwards v. United States Eleventh Circuit 2021-10-13 Denied Response WaivedIFP criminal-procedure due-process first-step-act incarceration notice resentencing sentencing-modification supervised-release I. Whether § 404 of the First Step Act allows a district court to impose a term of supervised release not previously imposed, as it was not a componen…
21-5848 Zackie Thomas Reed, IV v. United States Fifth Circuit 2021-10-01 Denied Response WaivedIFP black-v-romano criminal-procedure due-process fifth-circuit narcotics narcotics-violation preponderance-of-evidence preponderance-standard revocation supervised-release Whether the preponderance of the evidence standard utilized by the United States Court of Appeals for the Fifth Circuit in a supervised release revoca…
21-5632 Eliseo Carrillo, III v. United States Fifth Circuit 2021-09-09 Denied Response WaivedIFP bureau-of-prisons criminal-law district-court due-process liberty liberty-interest mental-health sentencing supervised-release upward-departure Whether the District Court deprived the Petitioner of liberty within the terms of 18 U.S.C. 3583 (c) and (d) by upward departing in re-sentencing Peti…
21-5583 Jordan Lee Bell v. United States Fifth Circuit 2021-09-07 Denied Response WaivedIFP civil-rights constitutional-vagueness criminal-sentencing due-process first-amendment pornographic-matter supervised-release unconstitutionally-vague 1. Does a special condition of supervised release that prohibits possession or control of "any pornographic matter" violate due process as unconstitut…
21-5478 Ulises Alvarado v. United States Eighth Circuit 2021-08-25 Denied Response WaivedIFP conditions-of-release COVID-19 covid-19-test criminal-law due-process federal-law federal-procedure revocation supervised-release Is it a violation of due process for a defendant to have his supervised release revoked for declining to take a COVID-19 test that was not clearly a c…
21-5231 Shaun J. Salazar v. United States Tenth Circuit 2021-07-29 Denied Response WaivedIFP criminal-justice criminal-procedure due-process federal-law imprisonment revocation sentencing statutory-interpretation statutory-maximum supervised-release united-states-v-haymond Whether a district court may impose a revocation imprisonment term under 18 U.S.C. § 3583(e)(3) that, when combined with a defendant's initial term of…
21-5153 Brian K. Rogers v. United States First Circuit 2021-07-21 Denied Response WaivedIFP circuit-split fifth-amendment polygraph polygraph-examination self-incrimination sex-offender-treatment supervised-release Are admissions made during a polygraph examination required by sex offender treatment compelled for purposes of the Fifth Amendment when failing the e…
21-5160 Rodney Ledell Carter v. United States Fifth Circuit 2021-07-21 Denied Response WaivedIFP criminal-procedure due-process parole sentencing sixth-amendment supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-68 Brendon Janis v. United States Eighth Circuit 2021-07-19 Denied constitutional-delegation delegation-of-authority due-process probation-officer risk-notification sentencing-guidelines supervised-release vagueness vagueness-doctrine 1. Does Standard Condition 12 unconstitutionally delegate authority to the probation officer? 2. Is Standard Condition 12 unconstitutionally vague?
21-5101 Giuseppe Viola, aka Joseph John Viola v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-07-14 Denied Response WaivedRelisted (2)IFP cares-act conditions-of-confinement criminal-law eighth-amendment federal-jurisdiction habeas-corpus restitution section-2241 supervised-release 1) Whether jurisdiction exists for presentation of grounds for relief from all custody under § 2241, challenging conditions of confinement, where conc…
21-5045 Colvis Jerrod Higgins v. United States Fifth Circuit 2021-07-08 Denied Response WaivedIFP alcohol-prohibition criminal-procedure drug-treatment due-process judicial-discretion plain-error sentencing sentencing-conditions special-conditions substance-abuse supervised-release I. Did the district court plainly err when it imposed a special condition of supervised release requiring Mr. Higgins to abstain from alcohol and to a…
21-5053 Hernando Javier Vergara v. United States Eleventh Circuit 2021-07-08 Denied Response WaivedIFP 5th-amendment 6th-amendment amendment-challenge constitutional-scrutiny criminal-procedure criminal-sentencing due-process jury-trial retroactive-application retroactivity supervised-release In a previous holding (United States v Raymond , 588 U.S., 139 S.Ct._, 204 L. Ed. 2d 897 LEXIS 4398 (2019), this Court ruled that 18 U.S.C. §3583(1*;)…
21-5030 Jonathan Mark Brinda v. United States Sixth Circuit 2021-07-07 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a criminal-sentencing district-court-discretion due-process excessive-sentence sentencing sentencing-considerations statutory-considerations statutory-interpretation supervised-release A. AFTER DETERMINING MR. BRINDA HAD VIOLATED THE TERMS OF HIS SUPERVISED RELEASE, THE DISTRICT COURT ERRED BY SENTENCING MR. BRINDA EXCESSIVELY BASED …
20-8477 Stephen Aguiar v. United States Second Circuit 2021-07-01 Denied Response WaivedIFP appellate-procedure article-three case-or-controversy civil-rights constitutional-law criminal-procedure due-process judicial-review sentencing standing supervised-release 1. WHETHER THE SECOND CIRCUIT WRONGLY DISMISSED PETITIONER'S PETITION AS MOOT BEFORE ALLOWING HIM THE OPPORTUNITY APPEAL TO SHOW THAT HIS APPEAL MEETS…
20-8414 Cynthia Stiger v. United States Fifth Circuit 2021-06-24 Denied Response WaivedIFP alternate-jurors bias circuit-split criminal-procedure due-process health-care-fraud judicial-discretion juror-bias jury-selection restitution-liability supervised-release 1. Did the Fifth Circuit err in holding that the district court did not abuse its discretion in refusing to strike a juror during trial based on perce…
20-8330 Ilmane Charone Campas Strong v. United States Fifth Circuit 2021-06-16 Denied Response WaivedIFP commerce-clause constitutional-law criminal-law criminal-procedure due-process federal-jurisdiction firearms judicial-fact-finding mandatory-minimum sixth-amendment supervised-release Whether 18 U.S.C. §922(g) permits conviction for the possession of any ammunition that has ever crossed state lines at any time in the indefinite past…
20-8241 John Doe v. United States Fourth Circuit 2021-06-07 Denied Response WaivedRelisted (2)IFP constitutional-law criminal-procedure due-process sentencing statutory-interpretation supervised-release 139 S.ct.2369 (2019) Abrogate crcnit precedest 1n U.5. v. Ward, 770 F.3d 1069 (4+h (i2.2014) Gupy +54 Supercised Belease under 18 USC Bevocation Procc…
20-8230 Jorge De Los Santos v. United States Ninth Circuit 2021-06-04 Denied Response WaivedIFP criminal-history criminal-procedure due-process liberty-interest liberty-restriction rehabilitation sentencing-conditions sex-offender substantive-reasonableness supervised-release For a low-level sex offender (like a mere possessor of child pornography with no prior criminal history), is a supervised-release condition prohibitin…
20-8194 Irvin Moreno v. DeWayne Hendrix, Warden Ninth Circuit 2021-06-02 Denied Response WaivedIFP administrative-procedure-act bureau-of-prisons drug-trafficking nonviolent-offense sentence-reduction sentencing-reduction statutory-interpretation supervised-release Did the BOP violate the plain meaning of the relevant sentencing statutes and regulations by categorically disqualifying a prisoner convicted of a non…
20-1656 Carmen Johnson v. United States Fourth Circuit 2021-05-27 Denied Response Waived asset-forfeiture civil-rights coram-nobis criminal-procedure due-process ineffective-assistance restitution supervised-release May an individual challenge non-custodial aspects of a criminal judgment through a petition for writ of error coram nobis?
20-8136 Ebone Jazmine McAfee, aka Jazzy v. United States Fifth Circuit 2021-05-25 Denied Response WaivedIFP advisory-guidelines appellate-review circuit-split sentencing supervised-release supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit ("Fifth Circuit")–which affirmed two revocation sentences for violati…
20-8062 Erold Martin Panopio v. United States Eleventh Circuit 2021-05-18 Denied Response WaivedIFP constitutional-rights criminal-justice criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing sentencing sentencing-reform supervised-release youthful-offender youthful-offenders I. WHETHER A NEAR TWENTY YEAR PRISON SENTENCE FOLLOWED BY A FIFTEEN YEAR TERM OF SUPERVISED RELEASE FOR A YOUTHFUL OFFENDER SUCH AS PANOPIO VIOLATES T…
20-1556 Dawn Herndon v. Judy R. Upton, Warden Fifth Circuit 2021-05-10 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure equitable-considerations habeas-corpus mootness prison-release sentencing supervised-release A defendant in a federal criminal case receives a paradigmatic sentence -- a term of imprisonment, to be followed by a term of supervised release. Whi…
20-7944 Peter Bobal v. United States Eleventh Circuit 2021-05-05 Denied Response WaivedIFP circuit-split civil-rights constitutional-law due-process first-amendment internet-access sex-offender supervised-release Does the constitutional holding of Packingham v. North Carolina, 137 S. Ct. 1730 (2017) ─ which recognized a First Amendment right to access the Inter…
20-7853 Craig Allen Morgenstern v. United States Ninth Circuit 2021-04-27 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ex-post-facto fifth-amendment ineffective-assistance jury-instructions sixth-amendment statutory-elements statutory-interpretation supervised-release But for the errors of the trial court which allowed modified jury instructions that impermissibly deleted statutory elements, defendant would not have…
20-7786 Obidiah McCaskill v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2021-04-16 Denied Response WaivedIFP civil-rights constitutional-violation due-process fair-hearing fifth-amendment florida-statutes liberty sixth-amendment supervised-release unconstitutional Petitioner, Obidiah McCaskill, Jr. request review of Florida Statutes and case law that have deprived Petitioner of his liberty and been deprived of a…
20-7763 Brian David Hill v. Virginia Virginia 2021-04-15 Denied IFP actual-innocence constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus indecent-exposure procedural-defect state-custody supervised-release Where the Virginia Supreme Court didn't think that the Petition for Writ of Habeas Corpus should apply to the case of Brian David Hill being convicted…
20-7624 Jeremy Randolph Martin v. United States Fourth Circuit 2021-03-31 Denied Response WaivedIFP ashcroft-v-free-speech-coalition constitutional-rights due-process electronic-devices fifth-amendment first-amendment free-speech internet-monitoring supervised-release united-states-v-holena 1) Do theoconditions of petitioner's supervised release requiring petitioner to have his probation officer's prior approval to own, purchase, posses…
20-7483 Luis Andres Medel-Guadalupe v. United States Fifth Circuit 2021-03-17 Denied Response WaivedIFP article-iii delegation-of-authority inpatient-treatment outpatient-treatment probation-officer supervised-release 1. Does a district court's delegation of authority to a probation officer to determine whether a person on supervised release undergoes inpatient trea…
20-7313 Leonard Glen Overmyer, III v. United States Sixth Circuit 2021-03-03 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion post-conviction-relief sentencing sentencing-error supervised-release Whether a Defendant should be allowed to seek a reduction of, or discharge from, an imposed supervised release after being improperly sentenced, and r…
20-7276 Russell Lawayne Montague v. United States Fifth Circuit 2021-03-01 Denied Response WaivedIFP controlled-substance criminal-procedure due-process protective-order sentencing-disparities sentencing-factors sentencing-guidelines sentencing-review supervised-release 1) Whether the district court ordered an unreasonably long 114-month prison sentence. 2) Whether the district court erred by finding Mr. Montague gui…
20-7250 Eunice Husband v. United States Seventh Circuit 2021-02-26 Denied Response WaivedIFP appellate-review criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel judicial-bias plain-error supervised-release united-states-constitution The fortcommitted Federal hule of Criminal Procedure 52 (b) Plain Error I. Bias and Abandonment of judicial role by Distict Judge Appellate Court fa…
20-7170 In Re Abhijit Prasad 2021-02-19 Denied Relisted (2)IFP civil-procedure criminal-procedure due-process habeas-corpus judicial-review mandamus pro-se standing supervised-release Question not identified.
20-7072 Jean Denis Paul v. United States Eleventh Circuit 2021-02-09 Denied Relisted (2)IFP circuit-court double-jeopardy fairness-integrity felon-in-possession plain-error plain-error-review rehaif revocation substantial-rights supervised-release supreme-court-decision trial-record Question One: This Court held in Rehaif v. United States , 139 S. Ct. 2191 (2019) , that in a prosecution under 18 U.S.C. §§ 922(g), 924(a)(2), the go…
20-6977 Joshua Ryan Dorman v. United States Fifth Circuit 2021-01-28 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6942 Juan Jose Camarena v. United States Ninth Circuit 2021-01-26 Denied Response WaivedIFP 18-usc-3583 5th-amendment due-process fifth-amendment gang-affiliation liberty plain-error sentencing-conditions supervised-release vagueness Is this condition of supervised release a violation of the Fifth Amendment due process right against vague conditions of release and/or a greater depr…
20-6923 Christopher J. Abbate v. United States Fifth Circuit 2021-01-25 Denied Response RequestedResponse WaivedRelisted (2)IFP due-process first-amendment interpretation pornography supervised-release vagueness I. Does a special condition of supervised release that prohibits possession or control of "any pornographic matter" violate due process as unconstitut…
20-6928 Timothy Ivey v. United States Fifth Circuit 2021-01-25 Denied Response WaivedIFP credibility credibility-determination due-process fifth-amendment out-of-court-identification reliability revocation revocation-hearing supervised-release (1) Does a district court violate a defendant's due process rights by relying solely on an uncorroborated, recanted, out-of-court identification to re…
20-6903 Francisco Villa v. United States Ninth Circuit 2021-01-22 Denied Response WaivedIFP child-visitation children constitutional-rights criminal-sentencing due-process mexico parental-contact personal-contact personal-liberty supervised-release 1. Whether and to what extent supervised release conditions may intrude on the Constitutional right to personal contact with one's children, by prohib…
20-6883 Christopher Brent Garner v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP appellate-procedure constitutional-challenge due-process federal-authority jury-trial legal-error sentencing sentencing-review standard-of-review supervised-release trial-by-jury Whether 18 U.S.C. §3583(g) unconstitutionally deprives federal supervised releasees of the right to trial by jury? Whether courts of appeals reviewin…
20-6888 Christina Elizabeth Pandey v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6863 Tommy Findley v. United States Eleventh Circuit 2021-01-13 Denied Response WaivedIFP circuit-split federal-court-review first-amendment fourth-amendment internet-access probable-cause state-law-application supervised-release warrant-application warrant-probable-cause 1. Whether a federal court is required to apply controlling state law in determining whether facts omitted from a warrant application vitiate probable…
20-6864 Brian David Hill v. United States Fourth Circuit 2021-01-13 Denied Response WaivedIFP appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury Whether the United States Court of Appeals for the Fourth Circuit erred in failing to find that the district court erred in sentencing Petitioner by d…
20-6808 Thomas Traficante v. United States Second Circuit 2021-01-08 Denied IFP constitutional-challenge constitutional-challenges courts-of-appeals direct-appeal due-process ripeness risk-condition second-circuit sentencing-reform-act sentencing-review supervised-release Whether the Second Circuit Court of Appeals erred, in violation of U.S. Const. V and Congress' intent to provide a streamlined scheme of sentencing re…
20-6757 Phillip Jazir Thompson v. United States Fourth Circuit 2021-01-04 Denied Response WaivedIFP criminal-procedure criminal-sentencing due-process fugitive fugitive-status probation-law sentencing sentencing-conditions supervised-release tolling tolling-period Whether a term of supervised release is tolled during the time in which the person on supervised release is a fugitive.
20-865 In Re Todd Britton-Harr 2020-12-30 Denied 28-usc-2244 28-usc-2255 circuit-split false-statement federal-prisoners habeas-corpus section-2244 section-2255 successive-petitions supervised-release Whether 28 U.S.C. section 2244(b)(1) ("[a] claim presented in a second or successive habeas corpus application under section 2254 that was presented i…
20-6715 Michael Adair Mankin v. United States Fifth Circuit 2020-12-29 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6691 Cesar Armenta Lopez v. United States Eleventh Circuit 2020-12-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment procedural-fairness sixth-amendment supervised-release united-states-v-haymond In light of the decision in United States v. Haymond , 139 S.Ct. 2369 (2019), recognizing fundamental Fifth and Sixth Amendment limits on the impositi…
20-6657 Ezer Rosembel Barrientos-Osorio v. United States Fifth Circuit 2020-12-18 Denied Response WaivedIFP constitutes plain error affecting substantial rig for a defendant likely to be deported criminal-procedure deportation plain-error sentencing-guidelines substantial-rights supervised-release Where a district court commits plain error by failing to follow Section 5D1.1(c) of the United States Sentencing Guidelines by imposing, without expla…
20-6566 Anilou Beltran Del Rio v. United States Fifth Circuit 2020-12-08 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6513 Calvin Teko Coston v. United States Fourth Circuit 2020-12-03 Denied Response WaivedIFP constitutional-challenge due-process fifth-amendment jury-trial mandatory-imprisonment revocation sentencing-discretion sixth-amendment supervised-release united-states-v-haymond Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments by mandating the revocation of supervised release and imposition of a term of impr…
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 …
20-6359 Andrew Rey Ybaben v. United States Fifth Circuit 2020-11-17 Denied IFP appellate-jurisdiction child-pornography discretionary-conditions due-process federal-criminal-law interstate-commerce sentencing statutory-interpretation supervised-release I. Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecifie…
20-6285 Brittany Shanice Williams v. United States Fifth Circuit 2020-11-12 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6292 Alonte Deshavion Richey v. United States Fifth Circuit 2020-11-12 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6213 J. Santos Mondragon-Benitez v. United States Fifth Circuit 2020-11-05 Denied Response WaivedIFP appellate-review criminal-procedure federal-authority imprisonment-revocation plain-error reasonableness reasonableness-standard revocation sentencing-review standard-of-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
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…
20-6058 Lacey Renee Baxter Moore, aka Lacey Kittrell v. United States Fifth Circuit 2020-10-16 Denied Response WaivedIFP 4th-amendment criminal-procedure due-process liberty-deprivation probation probation-condition sentencing-guidelines statutory-interpretation statutory-purposes supervised-release 1) Is a standard condition of supervised release which requires a person to "permit a probation officer to visit [her] at any time athome or elsewhere…
20-6001 Antranette Canady v. United States Fifth Circuit 2020-10-13 Denied Response WaivedIFP 3583(d)(2) civil-rights criminal-procedure liberty-deprivation probation probation-condition sentencing-guidelines statutory-interpretation statutory-purposes supervised-release 1) Is a standard condition of supervised release which requires a person to "permit a probation officer to visit [her] at any time athome or elsewhere…
20-5958 Jimmy Kit Fields v. United States Fifth Circuit 2020-10-08 Denied Response WaivedIFP alcohol-abuse criminal-sentencing due-process liberty-deprivation plain-error statutory-reasonableness supervised-release I. Whether this Court should grant certiorari to determine if it was plain error for a court to impose, without explanation, a condition of supervised…
20-5711 David Smith-Garcia, fka David Garwood Atwood, II v. United States Fifth Circuit 2020-09-16 Denied Response WaivedIFP consecutive-sentences criminal-procedure fifth-circuit plain-error-review sentencing supervised-release 1. Whether the district court erred by ordering two terms of imprisonment to run consecutive in the subject third supervised release revocation procee…
20-5490 William James Payton v. United States Fifth Circuit 2020-08-25 Denied Response WaivedIFP 3583(d)(2) criminal-procedure home-visit home-visits liberty-deprivation probation-officer statutory-interpretation statutory-purposes supervised-release 1) Is a standard condition of supervised release which requires a person to "permit a probation officer to visit [him] at any time athome or elsewhere…
20-5346 Jerry Lee Thompson v. United States Fifth Circuit 2020-08-13 Denied Response WaivedIFP civil-rights criminal-procedure due-process judicial-discretion plain-error sentencing substance-abuse-treatment supervised-release I. Does a district court commit reversible plain error when, in a sentence revoking supervised release, it imposes a condition of supervised release r…
20-5283 Mauricio Lemus v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP burden-of-proof crime-of-violence criminal-procedure due-process preponderance-of-evidence preponderance-of-the-evidence revocation-hearing sentencing supervised-release Whether at a supervised-release revocation hearing the government must prove by a preponderance of the evidence its contention that a defendant's cond…
20-5139 Algere Jones v. United States Second Circuit 2020-07-22 Denied Response WaivedIFP 4th-amendment criminal-procedure due-process exclusionary-rule federal-district-court fourth-amendment search-and-seizure standing supervised-release The Fourth Amendment prohibits unreasonable searches and seizures, the petitioner's underlying state court case was dismissed by the trial court apply…
20-5122 Maximo Flores-Lezama v. United States Ninth Circuit 2020-07-21 Denied Response WaivedIFP 18-usc-3583(e) criminal-conduct criminal-punishment due-process precedents punishment revocation sentencing statutory-interpretation supervised-release Whether a supervised release revocation sentence may be imposed to punish a defendant for his underlying criminal conduct, or whether a punitive revoc…
20-5007 Anthony Ray Foley v. United States Fifth Circuit 2020-07-09 Denied Response WaivedIFP appellate-review appellate-standard booker-standard circuit-split due-process federal-sentencing sentencing sentencing-review standard-of-review supervised-release 1. Is the "reasonableness" standard, under United States v. Booker, 543 U.S. 220 (2005), the proper standard for appellate review of a sentence impose…
19-8691 Jardiel Infante-Caballero v. United States Ninth Circuit 2020-06-12 Denied Response WaivedIFP 5th-amendment 6th-amendment criminal-procedure due-process sentencing supervised-release 1. Whether imposing a supervised release term —which authorizes a court to send Petitioner to prison for an additional prison term beyond the custodia…
19-8667 Diamante Alfred v. United States Ninth Circuit 2020-06-11 Denied Response WaivedIFP due-process individualized-sentencing judicial-bias judicial-discretion plea-bargaining recusal sentencing supervised-release supervision-violation 1. Does a district court fail to appropriately individualize a supervision-violation sentence where the sentence imposed is based on a "promise" made …
19-8675 Issac Oral Chandler v. United States Fifth Circuit 2020-06-11 Denied Response WaivedIFP constitutional-challenge criminal-sentencing due-process fifth-amendment jury-trial reasonable-doubt revocation sixth-amendment statutory-interpretation supervised-release Should this Court grant review to determine whether the mandatory provision for revocation of supervised release set forth in 18 U.S.C. § 3583(g) viol…
19-8566 John Charles Thompson v. United States Fourth Circuit 2020-05-29 Denied Response WaivedIFP aggregate-imprisonment civil-rights criminal-procedure due-process imprisonment plain-error revocation sentencing sentencing-guidelines supervised-release Was it plain err for the Western District of North Carolina to not aggregate Mr. Thompson's multiple revocation active imprisonment sentences then red…
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…
19-8504 Jose Antonio Garcia v. United States Ninth Circuit 2020-05-20 Denied Response WaivedIFP admission-of-guilt constitutional-law criminal-procedure disposition-agreement due-process judicial-discretion plea-bargaining sentencing supervised-release Whether Mr. Garcia's admission to a violation of supervised release in this matter violated due process where the district court failed to clearly inf…
19-8065 Reinaldo Vasquez-Rivera v. United States First Circuit 2020-03-23 Denied Response WaivedIFP appellate-review district-court-discretion guidelines-range procedural-reasonableness sentencing-factors sentencing-guidelines standard-of-review substantive-reasonableness supervised-release Question not identified.
19-8016 Jaime Vega, aka Jimmy Johnson v. United States Ninth Circuit 2020-03-18 Denied Response WaivedIFP appeal appeals criminal-procedure district-court due-process revocation-sentence sentencing sentencing-guidelines statutory-interpretation supervised-release To what extent does 18 U.S.C. § 3553 require a district court to specifically state the reasons for imposing a revocation sentence above the guideline…
19-7904 Jason Bonds v. United States Second Circuit 2020-03-09 Denied IFP criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph Polygraph-Examination Right-to-Remain-Silent right-to-silence self-incrimination supervised-release Whether a condition of supervised release requiring a defendant to participate in sex offender treatment that may include polygraph examinations viola…
19-7838 Anthony Shockey v. United States Seventh Circuit 2020-03-03 Denied Response WaivedIFP addiction-treatment criminal-justice criminal-law criminal-procedure drug-addiction drug-test due-process parole probation sentencing-guidelines supervised-release violation-classification 1.When an addict on supervised release fails a drug test should the failure be treated as crime, a grade B violation under Sentencing Guideline § 7B1.…
19-7679 Jonathan Brownlee v. Keith Hearns, et al. Third Circuit 2020-02-14 Denied Response WaivedRelisted (2)IFP civil-rights criminal-procedure due-process probation-officer restitution sentencing supervised-release 1th KNowINGLy fobricating and f/ing a FAKE Supervrsed Release violatron charge against he Petthoner, which caused the Petitrorer's ijuries of loss of …
19-7450 George Maurice Steele v. United States Fifth Circuit 2020-01-29 Denied Response WaivedIFP confrontation confrontation-clause confrontation-right criminal-procedure due-process fifth-amendment revocation-hearing sentencing supervised-release witness-testimony Whether the district court erred by allowing testimony at the revocation hearing that violated Mr. Steele's Fifth Amendment due process right to confr…
19-7433 Anthony Russell Wilson v. United States Eighth Circuit 2020-01-27 Denied Response WaivedIFP 18-usc-3583 criminal-prosecution double-jeopardy federal-sentencing fifth-amendment statutory-interpretation supervised-release united-states-v-haymond The question presented to this Court is whether Petitioner, Wilson, who suffered a criminal prosecution by way of a supervised release revocation hear…
19-7446 Enrique A. Echeverria-Benitez v. United States Fifth Circuit 2020-01-27 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy fifth-circuit illegal-reentry plain-error retribution sentencing sentencing-guidelines supervised-release On direct appeal, Mr. Echeverria-Benitez argued his twenty-seven month sentence for illegal reentry after removal was unreasonable. Mr. Echeverria-Ben…
19-934 In Re Todd Britton-Harr 2020-01-27 Denied 28-usc-2244 28-usc-2255 circuit-split federal-prisoners habeas-corpus procedural-review second-successive-motion statutory-interpretation successive-petitions supervised-release Whether 28 U.S.C. section 2244(b)(1) ("[a] claim presented in a second or successive habeas corpus application under section 2254 that was presented i…
19-7249 Herbert Evans v. J. Hollingsworth, Warden Third Circuit 2020-01-10 Denied Response WaivedIFP criminal-procedure due-process jurisdiction parole revocation sentencing statutory-interpretation supervised-release Illegal Sentence After Revocati Of supervised Release-Extended past Originol Sentence Expiration Date.
19-7165 Omar Macias-Macias v. United States Fifth Circuit 2020-01-03 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-jurisdiction appellate-ripeness circuit-split civil-rights constitutional-law criminal-procedure direct-appeal due-process finality jurisdiction justiciability legal-challenge standing supervised-release Does the doctrine of prudential ripeness allow the Court of Appeals to dismiss a defendant's timely direct appeal challenging a supervised release con…
19-7126 Ronald Damon v. United States Third Circuit 2019-12-31 Denied Response WaivedIFP 18-usc-3583 5th-amendment appeal appellate-waiver circuit-split due-process due-process-clause plea-agreement post-conviction-waiver sentencing supervised-release Whether an appellate and post-conviction waiver in a plea agreement barring challenges to the "sentence imposed" precludes an appeal of the denial of …
19-7092 Laforest Carmichael, aka LaForrest Carmichael v. United States Eleventh Circuit 2019-12-30 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a circuit-split mandatory-revocation sentencing-factors statutory-maximum substantive-reasonableness supervised-release Should this Court resolve the current circuit split over whether a sentencing judge must consider the 18 U.S.C. § 3553(a) sentencing factors when impo…
19-7008 Abraham Hernandez-Zavala v. United States Ninth Circuit 2019-12-19 Denied Response WaivedIFP coram-nobis Criminal-Conviction criminal-procedure custody custody-status deportation deportation-supervised-release due-process Habeas-Corpus immigration immigration-law supervised-release writ-of-error-coram-nobis WHETHER DEPORTATION AUTHOMATICALLY ENDS AN IMMIGRANTS IMPOSED SUPERVISED RELEASE? IF COURT WAIVES COURT SUPERVISION UPON DEPORATION IS ALIEN "IN CU…
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, …
19-6926 Roger William Campbell, II, aka Roger William Campbell v. United States Ninth Circuit 2019-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP concurrent-sentences consecutive-sentences criminal-procedure federal-sentencing revocation sentence-revocation sentencing-guidelines supervised-release united-states-sentencing-commission Is the "stacking" of multiple consecutive sentences, upon revocation of multiple concurrent terms of supervised release, consistent with the United St…
19-6876 Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States Fifth Circuit 2019-12-09 Denied Response WaivedIFP apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release Whether a federal defendant may suffer additional imprisonment on the basis of facts that have never been placed in an indictment, nor proven to a jur…
19-6881 April Torres v. United States Fifth Circuit 2019-12-06 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion parole probation reasonableness revocation sentencing supervised-release I. Did the district court impose a plainly unreasonable revocation sentence upon Ms. Torres?
19-6719 Mauro Castaneda Palacio v. United States Fifth Circuit 2019-11-22 Denied Response WaivedIFP 8th-amendment civil-rights criminal-procedure due-process federal-jurisdiction federal-supervised-release sentencing standing supervised-release vagueness whether the U.S. Fifth Circuit supports the conflicting whether the U.S. Fifth Circuit supports some unconstitutional and vague special conditions un…
19-6721 Christopher Ray Parrish v. United States Fourth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-6692 Kenneth Robert Simpson v. United States Eighth Circuit 2019-11-20 Denied Response WaivedIFP constitutional-interpretation constitutional-rights double-jeopardy due-process fifth-amendment habeas-corpus judicial-discretion parole revocation sentencing-guidelines statutory-construction supervised-release Question not identified.
19-6620 John Kevin Waldrip v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP appeal criminal-procedure federal-law federal-sentencing-guidelines federal-statute fifth-circuit judicial-review sentencing sentencing-guidelines special-assessments statutory-interpretation supervised-release I. In a consolidated Appeal JOHN KEVIN WALDRIP argued that the district court erroneously applied 18 U.S.C. § 3014 when it imposed a total of $15,000 …
19-6552 Darrell Tykwan Atkinson v. United States Fourth Circuit 2019-11-07 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-6314 Ralph Willard Savoie v. United States Fifth Circuit 2019-10-21 Denied Response WaivedIFP conflict-of-interest criminal-procedure due-process haymond-v-united-states parole plea-agreement precedent sentencing statutory-interpretation suborned-perjury supervised-release supreme-court supreme-court-precedent united-states-v-watts waiver-of-appeal [1] Can United States v. Watts stand in light of recent holdings in Haymond v. United States? [2] Does a waiver of appeal, in light of Garza v. Idaho…
19-6269 Eduardo Romero Martinez v. United States Fourth Circuit 2019-10-15 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-6177 Valerie Flores v. United States Seventh Circuit 2019-10-07 Denied Response WaivedIFP appellate-review circuit-court government-admission government-waiver plain-error plain-error-review sentencing seventh-circuit supervised-release vagueness waiver waiver-doctrine I. By Disregarding the Government's Failure to Brief a Waiver Argument, Did the Seventh Circuit Errantly Look Past the Government's Waiver of Waiver a…
19-6082 Chase Matheny v. United States Fifth Circuit 2019-09-26 Denied Response WaivedIFP constitutional-rights fourth-amendment home-search liberty liberty-interest overbreadth overbroad probation probation-supervision reasonableness reasonableness-standard supervised-release supervision vagueness Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to visit …
19-6059 Serrah Arnold, aka Kristen v. United States Fifth Circuit 2019-09-25 Denied Response WaivedIFP constitutional-rights fourth-amendment home-search liberty-deprivation liberty-interest overbreadth probation probation-supervision reasonableness reasonableness-standard supervised-release vagueness Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to visit …
19-5962 David Tjader v. United States Seventh Circuit 2019-09-17 Denied Response WaivedIFP appellate-review circuit-court government-waiver plain-error plain-error-review sentencing supervised-release vagueness waiver waiver-doctrine I. By Disregarding the Government's Failure to Brief a Waiver Argument, Did the Seventh Circuit Errantly Look Past the Government's Waiver of Waiver a…
19-5969 Tawoine Aquil Frank Banks v. United States Second Circuit 2019-09-17 Denied Response WaivedIFP consecutive-sentences consecutive-sentencing court-of-appeals criminal-procedure due-process revocation revocation-sentence section-3624e sentencing supervised-release Did the Court of Appeals err in affirming of a supervised revocation sentence that ran consecutively to other supervised release revocation sentence?
19-5884 Kevin Carson v. United States Eighth Circuit 2019-09-10 Denied Response WaivedIFP circuit-split civil-rights constitutional-vagueness due-process first-amendment free-speech overbreadth pornography pornography-prohibition supervised-release vagueness The United States Court of Appeals for the Eighth Circuit upheld a lifetime supervised release condition prohibiting Kevin Carson from possessing or h…
19-5891 Donte Island v. United States Third Circuit 2019-09-10 Denied Response WaivedIFP circuit-split criminal-law criminal-procedure criminal-sentencing due-process imprisonment release-conditions split-circuit statutory-interpretation supervised-release tolling Whether a term of supervised release may be tolled for periods of noncompliance with release conditions (as the Third Circuit, joining one side in a m…
19-5838 Glenn Ray Smith v. United States Fifth Circuit 2019-09-09 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourth-amendment fourth-amendment,supervised-release,probation,four home-search liberty liberty-interest probation probation-supervision search-and-seizure supervised-release whether-this-court-should-grant-certiorari-vacate- I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to vis…
19-5818 Joshua Wayne Riley v. United States Fourth Circuit 2019-09-04 Denied Response WaivedIFP civil-rights confession-reliability corroboration-requirement criminal-procedure due-process exclusionary-rule fifth-amendment miranda-rights parole-revocation supervised-release Hearings to revoke federal supervised release allow defendants to be sentenced to a new prison term based on findings of fact by only a preponderance …
19-5785 Raul Zapata-Dominguez v. United States Fifth Circuit 2019-09-03 Denied Response WaivedIFP constitutional-rights criminal-procedure fourth-amendment home-search indictment jury-trial liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-maximum statutory-reasonableness supervised-release supervision vagueness I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to vis…
19-5790 Ronald Frank Lee v. United States Fifth Circuit 2019-09-03 Dismissed Response RequestedIFP constitutional-rights fourth-amendment home-search liberty-deprivation liberty-interest overbreadth probation-supervision statutory-reasonableness supervised-release vagueness warrantless-search I. Whether this Court should grant review to consider whether a condition of supervision requiring the Petitioner to permit a probation officer to vis…
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…
19-5629 Al-Malik Fruitkwan Shabazz v. United States Second Circuit 2019-08-20 Denied Response WaivedIFP armed-career-criminal-act armed-career-criminal-act-1984 categorical-approach connecticut-general-statutes-53a-133 connecticut-robbery florida-robbery force-clause resentencing sentencing statutory-interpretation stokeling-v-united-states stokeling-vs-united-states supervised-release violent-felony I. Whether robbery under Connecticut General Statutes § 53a‐133 categorically qualifies as a "violent felony" under the force clause of the Armed Care…
19-5468 Tara Glass v. United States Third Circuit 2019-08-06 Denied Response WaivedIFP criminal-procedure due-process ex-parte-communication ex-parte-communications fair-trial judicial-complaint judicial-integrity judicial-misconduct liberty-interest liberty-interests right-to-marry supervised-release This case presents a fascinating issue of first impression at the intersection of constitutional due process and the confidential judicial complaint r…
19-5472 Martin Avalos-Rico, aka Rolando Blanco-Garcia, aka Oscar Cruz-Tulum, aka Alejandro Tamayo v. United States Eighth Circuit 2019-08-06 Denied Response WaivedIFP circuit-split deportable-offender due-process geographic-disparity immigration immigration-sentencing reentry-offense sentencing-discretion sentencing-guidelines sentencing-reform-act supervised-release 1. Whether a district court that imposes supervised release on a deportable offender must specifically tie it to a need for deterrence or protection, …
19-5371 In Re Mary Capri 2019-07-29 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process excessive-fines fourteenth-amendment habeas-corpus miscarriage-of-justice restitution supervised-release Under this Court's precedent in Mary Capri Vs. US Attorney Financial Litigation Unit. The Petitioner was Released from Probation in 4/2016 WITHOUT Vio…
19-5201 Kenneth Medenbach v. United States Ninth Circuit 2019-07-16 Denied Response WaivedIFP 18-usc-3561 criminal-procedure criminal-sentencing criminal-sentencing-authority district-court-jurisdiction due-process jurisdiction probation probation-term sentencing-authority statutory-interpretation substantial-rights supervised-release Did the District Court err in finding that it has authority under 18 USC §3561(a)(3) to impose a sentence of six months imprisonment and a 5 year term…
19-5162 Frederick Johnson v. United States Fifth Circuit 2019-07-12 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure discretionary-review plain-error plainly-unreasonable post-revocation-sentence sentencing sentencing-standard supervised-release What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release?
19-5045 Donald Lee Hathorn v. United States Fifth Circuit 2019-07-03 Denied Response WaivedIFP 4th-amendment 5th-amendment 5th-circuit appellate-review criminal-procedure due-process electronic-devices fourth-amendment search-and-seizure supervised-release warrantless-search Whether the United States Court of Appeals for the Fifth Circuit erred by affirming the district court's requirement for Mr. Hathorn to submit his com…
19-5003 Roberto Cruz-Olavarria v. United States First Circuit 2019-06-28 Denied Response WaivedIFP circuit-split criminal-procedure due-process heightened-scrutiny judicial-discretion offense-seriousness sentencing sentencing-guidelines sentencing-review statutory-maximum supervised-release 1. Whether there is a need for extensive justification and heightened scrutiny when imposing and reviewing sentences at the statutory maximum. 2. Whe…
18-9701 Antoine Gause v. United States Fourth Circuit 2019-06-18 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process judicial-error miscarriage-of-justice plea-agreement plea-bargaining sentencing supervised-release Whether the lower courts fundamentally erred through a mis- carriage of justice, by unconstitutionally sentencing the Petitioner to a longer sentence …
18A1297 Joshua Wayne Riley v. United States Fourth Circuit 2019-06-11 Presumed Complete constitutional-protections criminal-procedure exclusionary-rule parole-revocation sixth-amendment supervised-release This case presents two important questions about the nature of supervised release revocation hearings. First, whether the exclusionary rule should app…
18-9567 Daniel De Leon v. United States Fifth Circuit 2019-06-06 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt supervised-release 1. Whether violations of supervised release that require or permit additional imprisonment must be proven to a jury beyond a reasonable doubt and plac…
18-9427 Willie Anthony Saxby, Jr. v. United States Fourth Circuit 2019-05-28 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-prosecution dual-sovereignty due-process fair-notice federal-jurisdiction federal-state-jurisdiction pending-charges state-jurisdiction supervised-release Did the Federal Government violate the "Doctrines of Dual Sovergeinship" which exist between Federal and State jurisdictions for prosecuting an "alleg…
18A1199 Gregory Waddell Hayes v. United States Fourth Circuit 2019-05-20 Presumed Complete constitutional-protection criminal-conviction double-jeopardy federal-statute fifth-amendment supervised-release Question not identified.
18-9062 Derek Ray King v. United States Fifth Circuit 2019-05-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release 1. Whether violations of supervised release that require or permit additional imprisonment must be proven to a jury beyond a reasonable doubt, place d…
18-8794 Ricky Raymond Ball v. United States Eighth Circuit 2019-04-11 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release 1. Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N) when, rather than informing Mr. Ball of the extent to which he was wa…
18-8767 Antonio Slaton v. United States Eleventh Circuit 2019-04-10 Denied Response WaivedIFP alford-plea criminal-procedure double-jeopardy due-process evidence evidence-of-innocence federal-procedure federal-sentencing federal-supervised-release revocation-hearing supervised-release Whether a state conviction entered via an Alford plea creates an irrebuttable presumption such that a defendant in a federal supervised release revoca…
18-8700 Dorian Givens v. United States Fifth Circuit 2019-04-04 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure due-process federal-sentencing judicial-discretion sentencing standard-of-review supervised-release What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release?
18-8558 Jorge Edwin Rivera v. United States Ninth Circuit 2019-03-26 Denied Response WaivedIFP appellate-review criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure guidelines judicial-discretion plain-error plain-error-review sentencing sentencing-guidelines substantial-rights supervised-release When a district court imposes a term of supervised release double that of the Guidelines range without first calculating the range or providing an exp…
18-8540 Eric David Bennett v. United States Fourth Circuit 2019-03-25 Denied Response WaivedIFP 18-usc-3742 appellate-review booker booker-standard circuit-split criminal-procedure sentencing sentencing-review standard-of-review supervised-release united-states-v-booker Whether the appropriate standard of review for a sentence following the revocation of supervised release is the "plainly unreasonable " standard once …
18-8504 John Whaley v. United States Second Circuit 2019-03-21 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing due-process imprisonment procedural-reasonableness reasonableness sentencing sentencing-factors sentencing-guidelines supervised-release Whether, on remand, imposition of the same twenty-five year term of imprisonment and maximum ter superviselease was bot procurally n ubstantively rabl…
18-8498 Oryan Yazzie v. United States Tenth Circuit 2019-03-20 Denied Response WaivedIFP criminal-procedure due-process guideline-range mental-health sentencing sentencing-guidelines sentencing-review substantive-reasonableness supervised-release Is a supervised release revocation sentence of a length more than double the top of the advisory Guideline range substantively unreasonable if the dis…
18-8388 Brian Wright v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP cell-phone-tracking due-process fourth-amendment overbreadth search-and-seizure sentencing supervised-release tapia-error vagueness warrantless-search 1. Did the Ninth Circuit err by finding that there was no "egregious violation" of Mr. Wright's Fourth Amendment rights when Mr. Wright's cellular pho…
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?
18-8264 Guadalupe Avendano-Vasquez v. United States Eleventh Circuit 2019-03-04 Denied Response WaivedIFP appeal-waiver appellate-review civil-procedure criminal-procedure deportation due-process sentencing sentencing-guidelines supervised-release Whether an appeal waiver precludes review of the sentence of supervised release when the defendant has been deported. Whether an appeal waiver is enf…
18-8185 Anthony Alexander Ferrari v. United States Fifth Circuit 2019-02-28 Denied Response WaivedIFP constitutional-overbreadth fourth-amendment liberty-deprivation overbreadth overbroad plain-error probation-officer statutory-reasonableness supervised-release vague vagueness I. This Court should grant certiorari to resolve a split in circuit authority regarding whether it is plain error to require as a condition of supervi…
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…
18-8083 Reshawn D'Arby Magnificent-El, aka Reshawn D'Arby Phillips v. United States Ninth Circuit 2019-02-22 Denied Response WaivedIFP abuse-of-discretion compliance criminal-procedure discretion district-court drug-testing due-process knowingly-used-drugs sentencing-conditions supervised-release supervised-release-conditions Whether a district court abuses its discretion in imposing a drug-testing condition on a defendant who never knowingly used drugs, and has otherwise b…
18-8048 Darnell D. Owens v. United States Sixth Circuit 2019-02-21 Denied Response WaivedIFP constitutional-interpretation criminal-history due-process federal-law historical-practice judicial-discretion propensity-evidence sixth-amendment sixth-circuit supervised-release Relying on historical practice dating back to English cases in the seventeenth century, the courts of appeals had consistently held that relying on a …
18-7977 James Mowery v. United States Fifth Circuit 2019-02-14 Denied Response WaivedIFP circuit-split civil-rights constitutional-rights due-process fifth-circuit first-amendment free-speech internet-access internet-restrictions packingham-precedent packingham-v-north-carolina social-media-access standing supervised-release I. In Packingham v. North Carolina, 137 S. Ct. 1730 (2017), this Court found unconstitutional a criminal statute prohibiting sex offenders from access…
18-7910 Richard Fuentes v. United States Fifth Circuit 2019-02-12 Denied Response WaivedIFP armed-career-criminal-act johnson-v-united-states maximum-imprisonment maximum-sentence revocation-sentence sentencing statutory-maximum substantive-reasonableness supervised-release Can a prison sentence imposed upon revocation of supervised release ever be substantively reasonable when: 1) it was authorized by virtue of the fact …
18-7857 Calvin Raymond Jones v. United States Sixth Circuit 2019-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split civil-procedure civil-rights constitutional-concerns courts-of-appeals criminal-procedure due-process retribution sentencing supervised-release Title 18 U.S.C. § 3583(e) lists the factors district courts should consider when responding to a defendant's violation of the conditions of supervised…
18-7456 Jonathan Sebert v. United States Eighth Circuit 2019-01-18 Denied Response WaivedIFP constitutional-rights criminal-sentencing due-process erotica first-amendment free-speech free-speech 18-7455" overbreadth overbroad overbroad-condition Question not identified. supervised-release vague vagueness WHETHER THE SPECIAL CONDITION OF SUPERVISED RELEASE IMPOSED UPON MR. SEBERT, WHICH (FOR EXAMPLE) WOULD PREVENT HIM FROM SHOPPING AT WAL-MART BECAUSE I…
18-7418 Derrick T. Seals v. United States Eighth Circuit 2019-01-15 Denied Response WaivedIFP 851-enhancement ambiguous-plea contract criminal-procedure due-process enhancement government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing sentencing-enhancement sentencing-guidelines supervised-release Did government breach plea agreement/contract when defendant never agreed to. enhancement? Was Defendant mislead into plea agreement provisions inclu…
18-7228 Dashawn D. Brown v. United States Fourth Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release 1. WHETHER THE SENTENCING COURT ERRED IN ADMITTING HEARSAY STATEMENTS AS EXCITED UTTERANCES. 2. WHETHER THE COURT ERRED IN ADMITTING HEARSAY STATEMEN…
18-7196 Edward Allen McElroy v. United States Ninth Circuit 2018-12-28 Denied Response WaivedIFP child-pornography criminal-procedure due-process faretta-hearing faretta-v-california pro-se-representation self-representation sentencing supervised-release waiver-of-counsel Where a defendant is charged in federal court with possession and production of child pornography, the maximum punishment for which carries a lifetime…
18-7138 Antonio Alvarez-Moreno v. United States Ninth Circuit 2018-12-20 Denied Response WaivedIFP civil-rights constitutional-vagueness criminal-procedure due-process firearms law-enforcement-notification sentencing-guidelines supervised-release vagueness weapon-possession Are these conditions unconstitutionally vague?
18-7009 Jimmy Davis v. United States Third Circuit 2018-12-12 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure notice notice-requirement procedural-due-process supervised-release third-circuit Whether Mr. Davis was denied procedural due process as required under the Constitution of the United States and the Federal Rules of Criminal Procedur…
18-6934 Bobby Evans v. United States Fourth Circuit 2018-12-06 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing drug-treatment federal-procedure purposes-of-supervised-release revocation sentencing supervised-release Whether revoking the supervised release term of a defendant who is in need of drug treatment, after he initially failed in a drug treatment program, i…
18-6897 Victor Solorzano Tavia v. United States Eleventh Circuit 2018-12-03 Denied Response WaivedIFP blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release I. Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy clause …
18-6758 Michael Bordman v. United States Eighth Circuit 2018-11-20 Denied IFP child-pornography constitutional-vagueness continued-dissemination due-process harm-disaggregation initial-abuse restitution sentencing supervised-release (1) Whether the restitution award in child pornography sentencings must disaggregate the harm caused by the initial abuse from the harm caused by the …
18-6421 Alexis D. Negron-Cruz v. United States First Circuit 2018-10-24 Denied Response WaivedIFP civil-rights constitutional-rights due-process first-amendment ineffective-assistance-of-counsel ineffective-counsel internet-access internet-restrictions plea-agreement plea-bargaining pornography-ban sentencing supervised-release supervised-release-conditions Whether District Court erred in imposing overbroad conditions of Supervised Release, limiting Petitioner's access to the Internet, for the term of sai…
18-6355 Christian Dominique Scott v. United States Fifth Circuit 2018-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence parole revocation sentencing supervised-release I. Whether supervised release revocation defendants enjoy a limited right of cross-examination as to facts that increase the sentence imposed followin…
18-6280 Thomas Gilmore Stewart v. United States Fifth Circuit 2018-10-11 Denied Response WaivedIFP challenge criminal-procedure due-process habeas-corpus judicial-discretion revocation state-conviction state-court-conviction supervised-release I. Whether a district court's decision to revoke a term of supervised release that is based upon a previous state court conviction which is being chal…
18-6150 Noel Aquino-Florenciani v. United States First Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP abuse-of-discretion child-pornography criminal-law criminal-procedure due-process internet-access internet-access-ban sentencing sentencing-guidelines supervised-release Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a…
18-6120 Jose Ramon Pulido-Nolazco v. United States Eleventh Circuit 2018-09-27 Denied Response WaivedIFP circuit-split criminal-justice criminal-procedure criminal-sentencing due-process federal-procedure prior-conviction sentencing sex-offender sex-offender-treatment supervised-release The decision of the Eleventh Circuit that Mr. Pulido -Nolazco's thirty year old sex offense is a factor for the Court to consider when determining whe…
18-6107 Jacob Logan Stone v. United States Eighth Circuit 2018-09-26 Denied Response WaivedIFP appellate-procedure constitutional-rights due-process notice opportunity-to-be-heard pro-se pro-se-litigant procedural-bar procedural-bars reentry summary-affirmance supervised-release Stone was summarily denied a modification of conditions of release based on a procedural ground he had no warning of or chance to brief. On appeal, de…
18-6067 Edward Lee Lewis v. United States Fourth Circuit 2018-09-21 Denied Response WaivedIFP armed-career-criminal-act booker-standard circuit-split criminal-procedure due-process overserved-sentence plainly-unreasonable reasonableness revocation-sentence sentencing sentencing-standard standard-of-review supervised-release 1. Whether the appropriate standard of review for a sentence following the revocation of supervised release is the "plainly unreasonable" standard onc…
18-5973 Alvin Ramirez-De Jesus v. United States First Circuit 2018-09-13 Denied Response WaivedIFP 18-usc-3553(a) booker-standard criminal-procedure drug-conspiracy exclusionary-rule fourth-amendment probable-cause probation-revocation procedural-reasonableness reasonable-suspicion search-and-seizure sentencing-factors sentencing-guidelines substantive-reasonableness supervised-release Question not identified.
18-5944 Rafael Tanco-Pizarro v. United States First Circuit 2018-09-12 Denied Response WaivedIFP 18-usc-3553 18-usc-3583 criminal-procedure criminal-sentencing discovery due-process revocation revocation-hearing sentencing sentencing-guidelines statutory-interpretation supervised-release title-18-usc I. Whether the punishment factor of the federal sentencing statute, Title 18 U.S.C §3553(a)(2)(A), is a permissible or prohibited factor in sentencing…
18-5671 In Re Kenneth Simpson 2018-08-21 Denied Response WaivedIFP civil-rights conditions-of-release due-process eighth-amendment habeas-corpus parole sentencing standing supervised-release which is unconstitutional for any reason, can a Court refuse to address that claim under conditions available at revocation hearings under Johnson v U…
18-5682 Landon Trevor Anderson v. United States Fifth Circuit 2018-08-21 Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment harmless-error plain-error reasonable-suspicion supervised-release supervised-release-conditions 1. Must searches conducted as conditions of federal supervised release be supported by at least reasonable suspicion? 2. Is the Fifth Circuit wrong t…
18-5614 Alexander Jesus Santiago v. United States Fourth Circuit 2018-08-17 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-admission probable-cause probation prosecutorial-burden resentencing sentencing supervised-release supervised-release-revocation Did the district court improperly revoke Mr. Santiago's supervised release and resentence him despite a lack of evidence that he violated supervised r…
18-5521 Miguel Antonio Ramos v. United States Fifth Circuit 2018-08-09 Denied Response WaivedIFP criminal-procedure cross-examination due-process fourth-amendment procedural-due-process sentencing sentencing-enhancement supervised-release WHETHER THE PETITIONER WAS DENIED PROCEDURAL DUE PROCESS BY ENHANCEMENTS TO HIS GUIDELINES SENTENCE WITHOUT ANY PROOF TO SUPPORT THOSE ENHANCEMENTS? …
18-5319 Timothy Galen Tolbert v. United States Fifth Circuit 2018-07-24 Denied Response WaivedIFP 18-usc-3583 bureau-of-prisons drug-treatment due-process liberty liberty-deprivation post-release-conditions revocation sentencing statutory-interpretation supervised-release Whether the District Court deprived the Petitioner of liberty within the terms of 18 U.S.C. 3583 (c) and (d) by re-sentencing Petitioner to incarcerat…
18-5307 Andrew Wayne Hulen v. United States Ninth Circuit 2018-07-20 Denied Response WaivedIFP compelled-admissions constitutional-rights criminal-procedure due-process fifth-amendment garrity-v-new-jersey minnesota-v-murphy penalty-situation self-incrimination self-incrimination-clause sex-offender-treatment supervised-release Whether the Ninth Circuit's failure to analyze Petitioner's argument under the classic penalty situation addressed by this Court in Minnesota v. Murph…
18-5238 Hassanh Bey Wright, aka Hassanh Bay Wright v. United States Fourth Circuit 2018-07-16 Denied Response WaivedIFP crime-of-violence criminal-history criminal-law culpable-negligence force-clause intent mens-rea residual-clause sentencing-guidelines supervised-release Whether a crime with a mens rea of culpable negligence meets the definition of a "crime of violence" under either the force clause or the residual cla…
18-5188 James Wilks v. United States Fifth Circuit 2018-07-11 Denied Response WaivedIFP 18-usc-3553(a) abuse-of-discretion district-court judicial-discretion plain-error plainly-unreasonable revocation revocation-sentence sentencing sentencing-factors supervised-release unreasonable-sentence Did the District Court enter a plainly unreasonable sentence for revocation of supervised release when it did not properly balance the sentencing fact…
18-5149 Francisco Cubero v. United States Eleventh Circuit 2018-07-06 Denied Response WaivedIFP certificate-of-appealability collateral-relief collateral-review conflicting-results due-process plea-hearing procedural-default sentencing supervised-release supervised-release-term I. During Francisco Cubero's plea hearing , the magistrate judge told him that his supervised-release term could not exceed five years but, at sentenc…
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…