| 25-6699 |
Martin Gutierrez-Barba v. United States |
Ninth Circuit |
2026-02-03 |
Pending |
Response WaivedIFP |
3553(a)-factors appellate-review criminal-procedure judicial-discretion procedural-error sentencing |
Is urging a sentence recommendation lower than is ultimately imposed and grounding that recommendation in the 18 U.S.C. § 3553(a) factors, sufficient … |
| 25-6367 |
Luis Daniel Fuentes v. United States |
Eleventh Circuit |
2025-12-15 |
Denied |
Response WaivedIFP |
3553(a)-factors appellate-review criminal-procedure judicial-discretion mitigating-evidence sentencing |
Whether a sentencing court must address mitigating evidence and arguments offered by defense counsel regarding factors set forth in 18 U.S.C. § 3553(a… |
| 23-5758 |
Jimmy Jay Strayhorn, Jr. v. United States |
Fourth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
3553(a)-factors constitutional-review criminal-procedure due-process jury-trial pepper-v-united-states resentencing sentencing sentencing-modification statutory-interpretation unconstitutional |
WHETHER OR NOT/WHEN ONE HAS EXCERSIZED HIS RIGHT TO TRIAL AND
RF. FOUND GUILTY OF A COUNT IN HIS INDICTMENT THAT WOULD LATER
RF. FOUND UNCONSTITUTIONA… |
| 22-5625 |
Orville Tucker v. United States |
Eleventh Circuit |
2022-09-20 |
Denied |
Response WaivedIFP |
3553(a)-factors circuit-split compassionate-release guideline-range non-delegation-doctrine sentencing-commission sentencing-law statutory-interpretation |
1. Did Congress, in 28 U.S.C. § 994(t), delegate complete authority to the U.S. Sentencing Commission to "define" an exclusive list of "extraordinary … |
| 21-7238 |
Holli Wrice v. United States |
Seventh Circuit |
2022-03-01 |
Denied |
Response WaivedIFP |
18-usc-3582 3553(a)-factors compassionate-release congressional-intent criminal-justice-reform criminal-procedure extraordinary-and-compelling extraordinary-circumstances retroactive-sentencing sentencing-reduction sentencing-reform statutory-interpretation |
18 U.S.C. § 3582(c)(1)(A)(i) allows district courts to reduce a defendant's sentence, based on a finding of extraordinary and compelling reasons, afte… |
| 21-6707 |
Antonio Turner v. United States |
Fifth Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
3553(a)-factors administrative-remedy bureau-of-prisons compassionate-release criminal-sentencing extraordinary-and-compelling-reasons extraordinary-compelling-reasons first-step-act sentence-reduction sentencing-guidelines |
Whether the district court erred by denying Mr. Turner's Motion for Sentence Reduction under 18 U.S.C. § 3582(c)(1)(A)(i). |
| 19-7107 |
Joseph Thor Perkins v. United States |
Eighth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
18-usc-3553a 3553(a)-factors abuse-of-discretion booker-v-united-states criminal-sentencing downward-variance federal-sentencing-procedure gall-v-united-states judicial-discretion sentencing-discretion sentencing-guidelines statutory-interpretation |
Whether a sentencing court can abuse its discretion by not varying downward further based on this Court's decisions mandating that a sentencing court … |
| 19-5125 |
Francisco Gallegos-Lopez v. United States |
Ninth Circuit |
2019-07-09 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553a 3553(a)-factors abuse-of-discretion appellate-review circuit-split criminal-procedure judicial-discretion preservation-of-error procedural-error sentencing sentencing-recommendation statutory-factors |
Does urging a sentencing recommendation lower than that ultimately imposed, and grounded in the statutory factors in 18 U.S.C. § 3553(a), suffice to p… |
| 18-8352 |
Lino Hernandez v. United States |
Ninth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3553(a)-factors 3582(c)(2)-motion amendment-782 amendment-782-788 criminal-sentencing district-court-discretion procedural-reasonableness sentence-disparity sentence-reduction sentencing-disparities sentencing-error sentencing-guidelines statutory-interpretation |
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w… |
| 18-7716 |
Jesse Ingram, Jr. v. United States |
Eleventh Circuit |
2019-02-01 |
Denied |
Response WaivedIFP |
3553(a)-factors 5th-amendment appeal appellate-counsel constitutional-violation criminal-procedure due-process fifth-amendment ineffective-assistance-of-counsel retroactive-review retroactivity sentencing sentencing-guidelines statutory-interpretation |
1). Is it a Fifth Amendment violation when Petitioners are sentenced to a higher guidline sentence when 18 U.S.C. statute 3553(A) warrants a below gui… |
| 18-5872 |
Miguel Medina-Reyes v. United States |
Fifth Circuit |
2018-09-04 |
Denied |
Response WaivedIFP |
3553(a) drug-trafficking federal-criminal-justice-system pre-sentence-report sentencing 3553(a) 3553(a)-factors 3553a-factors abuse-of-discretion amendment-782 criminal-procedure drug-amount drug-quantity-attribution drug-trafficking-conspiracy due-process pre-sentence-report sentencing sentencing-discretion threshold |
Whether Petitioner's due process rights were violated where the district court erred by failing to determine whether, at sentencing, Petitioner was in… |