uncharged-conduct
18 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 22-6940 | Leon Little v. United States | Third Circuit | 2023-03-06 | Denied | Response WaivedRelisted (9)IFP | criminal-sentencing due-process fifth-amendment jury-trial preponderance-of-evidence sixth-amendment uncharged-conduct | I. Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentencing on uncharged conduct which was never … |
| 21-7356 | Stacey Tremaine Johnson v. United States | Fourth Circuit | 2022-03-14 | Denied | Response WaivedIFP | criminal-procedure drug-trafficking due-process evidence firearm-possession guideline-calculation jury-instruction jury-instructions sentencing sentencing-reasonableness standard-of-proof uncharged-conduct | 1. Whether there was sufficient evidence for the jury to find the petitioner guilty of drug trafficking and firearm possession. 2. Whether the jury i… |
| 21-6148 | Lonnie Earl Parlor v. United States | Ninth Circuit | 2021-11-02 | Denied | Response WaivedIFP | criminal-sentencing drug-trafficking enhancement-factors firearm-possession firearms relevant-conduct sentencing-guidelines specific-offense-characteristics statutory-maximum uncharged-conduct | This case presents unsettled and important questions related to the scope and application of "relevant conduct" to prove specific offense characterist… |
| 21-6077 | Torri McCray v. United States | Second Circuit | 2021-10-26 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split due-process fact-finding fentanyl-analogue fifth-amendment sentencing statutory-interpretation statutory-maximum uncharged-conduct | 1. As every Federal Court of Appeals has now taken a position, should this Court resolve the Circuit split as to the proper fact-finding standard for … |
| 20-7172 | Dakota Manucy Constantin v. Florida | Florida | 2021-02-17 | Denied | Response WaivedIFP | advisory-guidelines criminal-procedure due-process fifth-amendment judicial-discretion sentencing sentencing-guidelines sixth-amendment uncharged-conduct | WAS CONSTANTIN DENIED DUE PROCESS WHEN THE SENTENCING COURT RELIED UPON UNCHARGED CONDUCT IN IMPOSING A SENTENCE IN EXCESS OF THAT RECOMMENDED BY THE … |
| 20-6674 | Tony Chevallier v. United States | Fourth Circuit | 2020-12-21 | Denied | Response WaivedIFP | criminal-acts criminal-procedure drug-trafficking due-process judicial-discretion jury-conviction sentencing-factors sentencing-guidelines statutory-range uncharged-conduct | I. When are trial judges prohibited from considering as sentencing factors criminal acts that a defendant was neither charged nor convicted of? And in… |
| 20-6335 | Duane Allen Sikes v. United States | Eleventh Circuit | 2020-11-16 | Denied | Response WaivedIFP | criminal-sentencing due-process fifth-amendment preponderance-of-evidence sentencing sentencing-guidelines sixth-amendment uncharged-conduct | The question presented by this case is whether the Fifth and Sixth Amendments preclude a district court from increasing a defendant's sentence based o… |
| 19-7978 | Ramon Delgado, aka Ramon Delgado-Pina v. United States | Ninth Circuit | 2020-03-12 | Denied | Response WaivedIFP | administrative-law affection-influence civil-rights constitutional-vagueness criminal-procedure double-jeopardy due-process foreign-nationals foreign-relations security-clearance sentencing uncharged-conduct vagueness | First, was it unconstitutionally vague to ask Petitioner in a security clearance questionnaire to name the foreign nationals with whom Petitioner had … |
| 19-7336 | Francisco Pena, Jr. v. United States | Fifth Circuit | 2020-01-17 | Denied | Response WaivedIFP | criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct | imposing a sentence, based on a defendant's uncharged conduct found by the judge by a preponderance of the evidence, higher than the sentence the judg… |
| 19-6502 | Cory Dale Fields v. United States | Fifth Circuit | 2019-11-06 | Denied | IFP | criminal-procedure due-process federal-district-court federal-sentencing grand-jury no-bill prior-conduct reliability reliability-of-evidence reliability-standard sentencing sentencing-considerations uncharged-conduct | Is alleged prior uncharged conduct that had been no-billed by a Grand Jury sufficiently reliable for a federal district court to consider at sentencin… |
| 19-6284 | Jose L. Cabrera-Cosme v. United States | First Circuit | 2019-10-17 | Denied | Response WaivedRelisted (2)IFP | acquitted-conduct due-process jury-trial mcmillin-v-pennsylvania sentencing sixth-amendment uncharged-conduct united-states-v-watts | 1. Whetehr a reasonable jurist could find debatable Petitioner s Sixth Amendment was violated when the district court sentenced him to life without an… |
| 19-6256 | Jason Simon v. United States | Fifth Circuit | 2019-10-11 | Denied | Response WaivedIFP | acquitted-conduct due-process false-accusation habeas-corpus-relief judicial-discretion prejudice presentence-report sentencing sentencing-enhancement standard-of-proof statutory-maximum uncharged-conduct | Did the lower courts err by relying on a false accusation listed in the PSR, that was verified as false, as the sole basis for not only imposing a sta… |
| 18-6896 | Jeffrey S. Wingate v. United States | Sixth Circuit | 2018-12-03 | Denied | Response WaivedIFP | due-process fifth-amendment grand-jury ineffective-assistance ineffective-assistance-of-counsel presentment presentment-clause sentence-enhancement sentencing strickland strickland-standard uncharged-conduct | Does a substantially greater sentence imposed based primarily on a count for which a grand jury refused to indict and which did not appear in a supers… |
| 18-6083 | Jesus Manuel Laureano-Perez v. United States | First Circuit | 2018-09-24 | Denied | Response WaivedIFP | appeal appellate-review criminal-procedure district-court-discretion due-process government-prosecution plea-agreement sentencing sentencing-enhancement sentencing-guidelines standard-of-review uncharged-conduct | Should a writ of certiorari be granted to determine whether the district court erred in enhancing Laureano's sentence based on uncharged conduct not c… |
| 18-6012 | Lucious Wilson v. J. Soto, Warden | Ninth Circuit | 2018-09-18 | Denied | Response WaivedIFP | aedpa certificate-of-appealability constitutional-law darden-standard darden-v-wainwright due-process habeas habeas-corpus ninth-circuit non-unanimous-verdict prosecutorial-misconduct uncharged-conduct | Is the Ninth Circuit's denial of a certificate of appealability ("COA") on the claim that Wilson's conviction is unconstitutional because the prosecut… |
| 18-5966 | Joseph Faulkner v. United States | Seventh Circuit | 2018-09-13 | Denied | Response WaivedIFP | criminal-prosecution double-jeopardy fifth-amendment law-of-case-doctrine law-of-the-case prosecution sentencing sentencing-enhancement uncharged-conduct witte-v-united-states | (1) Whether the use of uncharged conduct to increase a sentence means the conduct was used to punish, and a subsequent prosecution for the same conduc… |
| 18-5686 | Dwight Mundle v. United States | Second Circuit | 2018-08-23 | Denied | Response WaivedIFP | 18-usc-875-c awareness-of-threat criminal-intent criminal-law due-process evidence evidence-sufficiency intent jury prejudicial-effect prior-conduct statutory-interpretation threatening-communication uncharged-conduct witness-testimony | Was their enough or even any evidence to prove the conviction of transmitting a threatening communication. in violation of 18 U.S.C. § 875 (c), was th… |
| 18-5390 | Khalil Abu Rayyan v. United States | Sixth Circuit | 2018-07-31 | Denied | Response WaivedIFP | due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment uncharged-conduct upward-variance | (1) Several United States Courts of Appeals have suggested that the use of defendants' uncharged, unproven conduct in deciding their sentences may vio… |