trial-strategy

58 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A600 Raymon Walters v. United States Third Circuit 2025-11-20 Application counsel-concession criminal-defense element-challenge mccoy-right sixth-amendment trial-strategy Question not identified.
25-6094 Chimene Hamilton Onyeri v. United States Fifth Circuit 2025-11-13 Denied Response WaivedIFP effective-assistance-of-counsel evidentiary-hearing law-enforcement-testimony rico-conspiracy sixth-amendment trial-strategy I. Should a writ of certiorari be granted to determine whether a defendant is denied his Sixth Amendment right to conflict-free counsel where trial co…
24-7086 Bakari Abdul Brown v. Eric Guerrero, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2025-04-29 Denied IFP appellate-conflict constitutional-law criminal-procedure ineffective-assistance prior-conviction trial-strategy IWhen the prejudice effect of the name and nature of a prior r~~i i felony conviction in proving felon status, during the guilt phase of trial, can b…
24-6437 Armando Molina v. United States Ninth Circuit 2025-01-31 Denied Response WaivedIFP criminal-defense defendant-rights defense-counsel entrapment sixth-amendment trial-strategy Whether the Sixth Amendment right to determine the objectives of one's own defense is violated when defense counsel, against the defendant's wishes, s…
24-5896 Matthew Myke v. Wisconsin Wisconsin 2024-11-01 Denied Response WaivedIFP character-evidence criminal-procedure ineffective-assistance sexual-assault trial-strategy witness-testimony 1. In a criminal case involving accusations of sexual assault in which the prosecution relies solely upon the testimony of the complainant, is it inef…
24-5838 Joseph Boswell, Sr. v. United States Fifth Circuit 2024-10-28 Denied Response WaivedIFP appellate-review circuit-split count-of-conviction evidentiary-standard spillover-prejudice trial-strategy When an appellate court vacates some, but not all, counts of conviction on appeal, what standard or test should the appellate court apply to determine…
24A362 Utah v. Douglas A. Lovell Utah 2024-10-17 Presumed Complete capital-murder ineffective-assistance mitigation-witness religious-testimony strickland-standard trial-strategy Question not identified.
23-6999 Ronald Monique Best v. Chadwick Dotson, Director, Virginia Department of Corrections Fourth Circuit 2024-03-15 Denied IFP constitutional-rights counsel-effectiveness criminal-procedure defendant-representation due-process effective-assistance-of-counsel jury-trial plea-bargaining right-to-counsel sixth-amendment trial-strategy L)W\ 3U\lV and punishment 'is 4he. sale, 'issue. Qor bhe. juri^'is i4 ever (ptrrms&ible 'vor cooesei bo motae. -Vine urn lateral decision 4o can eer…
23-6316 Daniel Vincent v. Chad Wakefield, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2023-12-21 Denied IFP alternative-suspects conflict-with-circuits due-process eyewitness-testimony identification-evidence ineffective-assistance jury-instructions mistaken-identification sixth-amendment trial-strategy I. Is a defendant denied due process of law if he properly presents a claim to both the State and Federal Courts and neither Court addresses the claim…
23-6139 Milton Dwayne Gobert v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2023-11-30 Denied IFP client-instructions habeas-corpus ineffective-assistance ineffective-assistance-of-counsel per-se-rule sixth-amendment strickland-standard strickland-v-washington substitution-of-counsel trial-counsel trial-strategy 1. Does this Court's clearly established precedent under Strickland v. Washington, 466 U.S. 668 (1984), and its progeny permit lower courts to hold th…
23-5541 Mark A. Hartle v. New York New York 2023-09-07 Denied Response WaivedIFP conflict-of-interest criminal-defense due-process ineffective-assistance-of-counsel judicial-inquiry professional-ethics professional-responsibility prosecutorial-misconduct right-to-counsel trial-strategy Is a criminal defendant denied their right to effective assistance of counsel when there are indications, of which the defendant was unaware, that tri…
23-5379 Everett Charles Wills, II v. Louisiana Louisiana 2023-08-17 Denied Response WaivedIFP actus-reus counsel-concession criminal-defendant-rights criminal-procedure ineffective-assistance-of-counsel mens-rea retroactivity right-to-counsel sixth-amendment trial-strategy When guilt is the sole issue for the jury to decide, is it permissible for counsel to unilaterally concede the essential elements (actus reus and mens…
22-7877 Corey Coggins v. Murray Tatum, Warden Georgia 2023-06-27 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel joint-defense-agreement sixth-amendment strickland-standard strickland-v-washington trial-strategy Is it ineffective assistance of counsel (guaranteed under the Sixth Amendment to the United States Constitution) for a client's court-appointed attorn…
22-7491 Orlando Ocasio v. Joseph Noeth, Superintendent, Attica Correctional Facility Second Circuit 2023-05-09 Denied IFP constitutional-rights criminal-procedure due-process expert-testimony expert-witness fair-trial habeas-corpus ineffective-assistance-of-counsel medical-evidence trial-strategy As in Mr.Ocasio's case where there was no introduction of any defense whatsoever and the Monroe County Court, Western District Court, and the Second C…
22-7426 George Donald Hatt, Jr. v. Washington Washington 2023-05-01 Denied IFP criminal-procedure effective-assistance-of-counsel informed-consent informed-decision mandatory-minimums offender-score plea-bargain plea-negotiations trial-strategy Does effective assistance of counsel in a plea bargain context require that counsel actually and substantially assist a client in deciding whether to …
22-7407 Derrick D. Hayes v. Illinois Illinois 2023-04-28 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance prejudice right-to-counsel trial-strategy 0. UJhdhsr 4te '5 "trial ojfern&Uj (tetiHlufrmlltj jfie^feo/n/e. C(s5 \sfanc& by jjufsutoj <3 IWeose-' Prwoca'fldn - Tt'wf tucvs p<*fe/rHi/ Un'kznqbf…
22-7126 Andre Chandler, aka Mac Dre v. United States Second Circuit 2023-03-28 Denied Response WaivedIFP attorney-client-privilege constitutional-rights due-process government-misconduct prejudice sixth-amendment trial-strategy witness-cooperation witness-debriefing Did the government violate Petitioner's Sixth Amendment rights when it debriefed a witness who, by the time of trial was clearly cooperating with the …
22-6350 Raul Alvarez v. New York New York 2022-12-20 Denied Amici (1)Response WaivedIFP actual-innocence constitutional-rights court-objection criminal-defense criminal-procedure ineffective-assistance right-to-counsel sixth-amendment trial-strategy Must a client object in open court to invoke their Sixth Amendment right to maintain actual innocence as the objective of their defense?
22-5619 Deonte Lewis v. Ohio Ohio 2022-09-20 Denied IFP competency-challenge constitutional-law constitutional-right due-process ineffective-assistance-of-counsel legal-presumption performance-competency strickland strickland-standard trial-strategy Whether the presumption of reasonable trial strategy that this Court articulated in Strickland created an irrebuttable bar to performance competency c…
22-5283 Gerald Funk v. George Little, Acting Secretary, Pennsylvania Department of Corrections, et al. Third Circuit 2022-08-04 Denied Response WaivedIFP consequences constitutional-rights guilty-plea guilty-plea-negotiation ineffective-assistance plea-negotiations plea-offer sixth-amendment trial-counsel trial-strategy 1. Whether trial counsel's Sixth Amendment duties to a client during the guilty-plea negotiation stages require him to affirmatively assist a client i…
22-5091 Tyre Bradbury v. Indiana Indiana 2022-07-13 Denied Response WaivedIFP all-or-nothing-strategy criminal-defense criminal-procedure defendant-consultation ineffective-assistance-of-counsel legal-strategy lesser-included-offenses performance-deficiency strickland-standard strickland-v-washington trial-strategy Is the decision not to tender available lesser included offense instructions in order to instead pursue an "all or nothing " strategy an "important de…
22-5047 Jermaine Blackwell v. Jeff Nines, Warden, et al. Fourth Circuit 2022-07-07 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance plea-bargain plea-bargaining right-to-counsel sentencing trial-counsel trial-strategy 1. Did the lower .Court error in Not finding that the Petitioner Trial Counsel committed ineffective assistance of Counsel when trial counsel misadv…
21-8174 Scott Svoboda v. Ohio Ohio 2022-06-17 Denied IFP attorney-client-privilege attorney-client-relationship confiscation criminal-procedure effective-assistance-of-counsel prosecutorial-misconduct right-to-counsel sixth-amendment trial-strategy Whether a criminal defendant is denied his right to the effective assistance of counsel when the prosecutor purposely interferes with the attorney-cli…
21-8135 Zachary Chandler v. United States Eleventh Circuit 2022-06-14 Denied Response WaivedIFP adversarial-testing criminal-defense criminal-procedure due-process evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel jury-sympathy sixth-amendment sympathy-defense trial-strategy I. WHETHER COUNSEL WAS INEFFECTIVE BECAUSE COUNSEL'S DEFENSE STRATEGY WAS TO HAVE CHANDLER WEAR PRISON ATTIRE IN ORDER TO GARNER THE JURY'S SYMPATHY? …
21-8044 Bobby Dewayne Thompson, II v. United States Ninth Circuit 2022-06-03 Denied Response WaivedIFP constitutional-rights criminal-defense due-process firearm-possession ineffective-assistance ineffective-assistance-of-counsel jury-instructions right-to-counsel second-amendment trial-strategy Did trial counsel entirely fail to present a defense to illegally possessing a firearm by conceding that Thompson possessed a gun when the court's ins…
21-7737 Justin L. Douglas v. Wisconsin Wisconsin 2022-04-28 Denied Response WaivedIFP appellate-review civil-rights counsel criminal-trial due-process ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence search-and-seizure standing trial-strategy 1. Supreme Court of Wisconsin error in not ruling on my right to have counsel 2. Supreme Court of Wisconsin error in ruling on my attorney ineffectiv…
21-7651 Manuel Martinez v. Illinois Illinois 2022-04-19 Denied Response WaivedIFP appellate-review criminal-procedure dna-evidence due-process exculpatory-evidence ineffective-assistance-of-counsel ineffective-counsel miranda-rights post-conviction-relief trial-strategy 1) If a DNA Exculpatory Wearing the-Release Cause-Tested 4th right he had Be-To /e PM iMiAe^e^ o-f fAii /vtvlur^ . W<aA kjo hlAMUr ok/ the DfV/1 £v/D£…
21-1146 Gary McClain v. Texas Texas 2022-02-17 Denied client-autonomy criminal-procedure criminal-trial defense-counsel fundamental-rights right-to-counsel sixth-amendment structural-error trial-strategy This Court held in McCoy v. Louisiana, 138 S. Ct. 1500 (2018), that defense counsel may not concede his client's guilt in the guilt phase of trial if …
21-1080 Jacky Scott Garrett v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2022-02-04 Denied capital-murder constitutional-review extraneous-offense-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudicial-error standard-of-review strategic-decision trial-strategy 1. Petitioner's trial counsel accidentally opened the door to devastating extraneous offense evidence. Could reasonable jurists disagree with the dist…
21-6897 Ramon Torres Ruelas v. Troy Bowser, Superintendent, Two Rivers Correctional Institution Ninth Circuit 2022-01-18 Denied Response WaivedIFP child-sex-case child-sex-crimes credibility-of-witnesses criminal-defense evidentiary-sufficiency ineffective-assistance-of-counsel lack-of-admissions lack-of-eyewitness-testimony lack-of-physical-evidence trial-strategy witness-credibility Whether it is an unreasonable determination of the facts and the law to conclude that trial counsel need not investigate witnesses with critical infor…
21-6734 Roger Dale Epperson v. Kentucky Kentucky 2021-12-28 Denied IFP constitutional-law counsel-concession criminal-defense criminal-procedure defendant-autonomy due-process factual-innocence right-to-counsel trial-strategy 1) Does McCoy apply where the defendant made clear to counsel the objective of the defense is to maintain innocence, only for counsel to then concede …
21-6164 Julia Lagunas-Hernandez v. United States Eighth Circuit 2021-11-04 Denied Response WaivedIFP burden-of-proof cell-phone-search constitutional-rights defense-counsel fair-trial jury marital-communication marital-communications prosecutorial-misconduct trial-strategy 1. Whether the United States committed prosecutorial misconduct, depriving Petitioner of a fair trial when it shifted burden of proof by stating that …
21-5363 Christopher Cope v. Darrel Vannoy, Warden Fifth Circuit 2021-08-13 Denied Response WaivedIFP client-autonomy constitutional-right criminal-defense criminal-procedure due-process ineffective-assistance-of-counsel right-to-counsel sixth-amendment trial-strategy 1. Whether petitioner was denied his constitutional right to have effective assistance of counsel when trial counsel admitted petitioner's guilt at tr…
20-8444 Dustin Melvin Davison v. Oklahoma Oklahoma 2021-06-29 Denied IFP autonomy constitutional-rights criminal-procedure defendant-autonomy defense-counsel due-process effective-assistance-of-counsel guilt-concession right-to-counsel sixth-amendment trial-strategy Is it unconstitutional to allow defense counsel to concede any aspect of guilt over defendant's unambiguously expressed desire to maintain actual inno…
20-8051 Lucas Kenneth Sabatino v. United States Fourth Circuit 2021-05-18 Denied Response WaivedIFP criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mental-capacity prejudicial-error sixth-amendment trial-strategy Whether defense counsel committed prejudicial ineffective assistance of counsel by failing to raise issues relating to defendant's mental capacity at …
20-7893 Anthony Edward Bridget v. California California 2021-04-29 Denied IFP criminal-procedure due-process exculpatory-evidence fair-trial ineffective-assistance ineffective-assistance-of-counsel prosecutorial-misconduct right-to-a-fair-trial right-to-counsel sixth-amendment trial-strategy D.N.A EVidENCE; is it fAiR ANEWly DISCOVEREd fOR thE diStRit AtHORNEY's D-N.A ExpERT (WhO hAPPEN tO WORK fOR thE ORANgE CONTy CRIME LAb) to conduct A …
20-7616 Deshun Thomas v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-03-31 Denied IFP constructive-denial cronic cronic-standard effective-assistance-of-counsel ineffective-assistance-of-counsel jury-instructions sentencing sixth-amendment trial-counsel trial-strategy Is a defendant constructively denied the assistance of counsel under United States v. Cronic, 466 U.S. 648 (1984), when trial counsel tells the jury t…
20-7230 Stanley Joseph Thompson v. United States Eleventh Circuit 2021-02-25 Denied Response WaivedIFP constitutional-provisions counsel-concession criminal-defense criminal-defense-counsel due-process ineffective-assistance ineffective-assistance-of-counsel mccoy-v-louisiana prejudice sixth-amendment trial-strategy 1. Whether the Sixth Amendment permits criminal defense counsel to unilaterally concede his client's guilt before the jury at trial—over the defendant…
20-7214 Eric Kurt Patrick v. Florida Florida 2021-02-23 Denied IFP fifth-amendment impartial-jury ineffective-assistance-of-counsel juror-bias sixth-amendment trial-strategy voir-dire Where the purpose of voir dire is to empanel an impartial jury as guaranteed by the Sixth Amendment, but an actual biased juror is not removed for cau…
20-637 Darrell Hemphill v. New York New York 2020-11-10 Judgment Issued Amici (14)Response RequestedResponse WaivedRelisted (3) confrontation-clause constitutional-rights criminal-procedure evidence evidence-law hearsay-exception right-to-confrontation testimonial-hearsay trial-strategy A litigant's argumentation or introduction of evidence at trial is often deemed to "open the door" to the admission of responsive evidence that would …
20-5708 Fagbemi Miranda v. Massachusetts Massachusetts 2020-09-15 Denied Response WaivedIFP criminal-defense criminal-procedure defendant-rights fundamental-decision fundamental-decisions legal-representation right-to-counsel self-representation sixth-amendment trial-strategy Does the defendant's Sixth Amendment right to make fundamental decisions about his case include the right to choose which defense to present at trial?
20-5217 David Kelsey Sparre v. Florida Florida 2020-07-30 Denied IFP adolescent-brain-development brain-development constitutional-rights first-degree-murder harmless-error ineffective-assistance-of-counsel juvenile-sentencing prejudice trial-strategy 1. Whether trial counsel's failure to investigate and execute the defense trial strategy, which would have significantly undermined the State's case f…
19-7325 Hope K. Kantete v. United States Third Circuit 2020-01-16 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-process post-conviction-relief right-to-trial section-2255 sentencing trial-strategy 1.) Whether the lower courts erred by foiling to rule or even consider on the record whether Ms Kantete was advised of her "risk factors " in proceedi…
19-7054 Philip Rogers v. Debbie Asuncion, Warden Ninth Circuit 2019-12-23 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure drug-use evidence foreseeability ineffective-assistance reasonable-doubt trial-strategy vehicular-homicide Philip Rogers was driving after several drinks. Ahead of him a woman was jaywalking, possibly obscured by two bicyclists also crossing. When he saw th…
19-6731 Travell Henry v. Patrick Warren, Warden Sixth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-rights criminal-defense criminal-procedure due-process evidence ineffective-assistance ineffective-assistance-of-counsel investigation right-to-counsel self-incrimination sixth-amendment trial-strategy witness witness-testimony I. WAS MR. HENRY 'S TRIAL COUNSEL, PATRICK NYENHUS, FAILED TO PROVIDE CONSTITUTIONALLY EFFECTIVE ASSISTANCE OF COUNSEL? A). Counsel was ineffective w…
19-6558 Antonio Lebaron Melton v. Mark S. Inch, Secretary, Florida Department of Corrections, et al. Eleventh Circuit 2019-11-07 Denied IFP due-process federal-court-review federal-courts habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-findings state-court state-court-deference strickland-v-washington trial-strategy wilson-v-sellers witness-investigation 1. Whether Wilson v. Sellers requires faithful adherence to the last reasoned decision of a state court, or may federal courts bolster such a decision…
19-6141 Donnie Ray Jose v. United States Ninth Circuit 2019-10-03 Denied Response WaivedIFP criminal-procedure discovery-violation discovery-violations due-process judicial-discretion plea-negotiations prejudice prosecutorial-misconduct sanctions trial-strategy When a federal prosecutor concedes a serious discovery violation shortly before trial, should the district court's response take into account, among o…
19-6069 Kevin Dewitt Skaggs v. Ron Baker, Warden, et al. Tenth Circuit 2019-09-26 Denied IFP criminal-procedure criminal-procedure-sixth-amendment cumulative-analysis evidence expert-consultation expert-witness ineffective-assistance-of-counsel overwhelming-evidence pre-trial-investigation sixth-amendment strickland-standard strickland-v-washington trial-strategy Whether defense counsel performs unreasonably under the Sixth Amendment if their pre-trial and trial investigations and strategies are based on their …
19-5836 Dennis Johnson v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-05 Denied IFP appellate-review constitutional-due-process effective-assistance-of-counsel evidentiary-ruling ineffective-assistance-of-counsel judicial-error plea-bargaining prejudice reasonable-performance reasonable-probability sixth-amendment standard-of-review strickland-v-washington trial-fairness trial-strategy Question not identified.
19-5769 Daniel J. Whitt v. Michele Buckner, Warden Eighth Circuit 2019-08-30 Denied IFP burden-of-proof due-process expert-testimony eyewitness-identification ineffective-assistance-of-counsel line-up-procedure lineup-procedures police-procedure trial-strategy DID TRIAL ATTORNEY PRE-TRIAL ZEEE CVE 1E HE TARAUEN 11S onl Me LIGENGE. BY WAITING 720 Lott, FAILED 70 SECURE AN EXPERT WITNESS ON LINE-UP TbéAr7 ~Fic…
18-8689 Joel Glaston Muir v. Tammy Ferguson, Superintendent, State Correctional Institution at Phoenix, et al. Third Circuit 2019-04-04 Denied IFP clear-record constitutional-rights criminal-homicide criminal-procedure due-process eyewitness-testimony habeas-corpus ineffective-assistance ineffective-assistance-of-counsel known-eyewitness legal-review lesser-degree-homicide postconviction-review right-to-counsel standard-of-review trial-counsel trial-strategy I. Whether initial-postconviction review counsel provided ineffective assistance where counsel failed in the most basic sense to litigate a claim of i…
18-8070 Billie Wayne Coble v. Texas Texas 2019-02-21 Denied IFP counsel-objection criminal-defense criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel mccoy-precedent objection right-to-counsel sixth-amendment trial-strategy In the wake of this Court's decision in McCoy v. Louisiana, 138 S. Ct. 1500 (2018), two questions have emerged in the courts called on to apply that c…
18-6793 Derrick Lamont Booth v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2018-11-23 Denied Response WaivedRelisted (2)IFP 6th-amendment criminal-procedure due-process expert-testimony fire-investigation ineffective-assistance-of-counsel nfpa-921 sixth-amendment standard-of-review standard-protocols trial-strategy Whether the state court violated Mr. Booths 6th Amendment Rights, when it clearly showed that due to his counsels unprofessional errors and la:jk of t…
18-6725 Charles Wayne Bussell v. Kentucky Kentucky 2018-11-16 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process impeachment impeachment-evidence ineffective-assistance ineffective-assistance-of-counsel post-conviction-hearing post-conviction-relief postconviction-hearing sixth-amendment tainted-testimony trial-strategy witness-testimony After Petitioner was convicted of robbery and murder, the state court decided that Defense counsel's cross-examination of two critical witnesses was i…
18-6174 Edward Lang v. David Bobby, Warden Sixth Circuit 2018-10-02 Denied IFP deficient-performance due-process false-evidence false-theory ineffective-assistance juror-tampering presumption-of-prejudice reasonable-strategy reasonable-trial-strategy strickland-standard strickland-v-washington trial-strategy A. Can the presentation of false evidence, in support of a false theory, that trial counsel knew or should have known was false, ever constitute a rea…
18-5985 Jeffery Dana Sparks v. Jeff Premo, Superintendent, Oregon State Penitentiary Oregon 2018-09-14 Denied IFP constitutional-rights criminal-procedure cross-examination death-penalty evidence-presentation expert-testimony expert-witnesses ineffective-assistance ineffective-assistance-of-counsel prosecution-experts prosecution-theory trial-strategy Whether defense counsel in a death penalty trial provided effective assistance where that counsel failed thoroughly to prepare to cross-examine forese…
18-5751 William Burke v. Georgia Georgia 2018-08-24 Denied Response WaivedIFP adversarial-process constitutional-fairness criminal-procedure double-jeopardy due-process evidence evidence-review fair-trial judicial-review jury-instructions post-conviction-review prosecutorial-discretion prosecutorial-misconduct trial-strategy At what point does it become fundamentally unfair to 'adjust the charges to the evidence'? In this instance, the State adjusted the charges, and by ex…
18-5184 Ahmad Sayed Hashimi v. United States Fourth Circuit 2018-07-10 GVR IFP appeal criminal-defense criminal-procedure due-process harmless-error ineffective-assistance-of-counsel right-to-counsel right-to-maintain-innocence sixth-amendment supreme-court-precedent trial-strategy Whether the case of United States v. Ahmad Hashimi, (No. 16-4846 - Fourth Cir.) should be remanded for review and decision by the Fourth Circuit Court…