acceptance-of-responsibility

49 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5788 Kalup Allen Born v. United States Tenth Circuit 2025-10-02 Denied Response WaivedIFP acceptance-of-responsibility acquitted-conduct criminal-procedure downward-departure harmless-error sentencing-guidelines A defendant who "demonstrates acceptance of responsibility" for the offense "shall" be awarded a deduction in the offense level. When a defendant's en…
25-5404 Darren Smith v. United States Second Circuit 2025-08-19 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure mitigation-arguments official-victim-enhancement procedural-error sentencing-guidelines Whether a district court commits procedural error under 18 U.S.C. § 3553, Rita v. United States, 551 U.S. 338 (2007), and Gall v. United States, 552 U…
25-5213 Cimeon Dion Williams v. United States Fifth Circuit 2025-07-28 Denied Response WaivedIFP acceptance-of-responsibility constitutional-principles criminal-procedure mental-illness post-plea-misconduct sentencing-guidelines Whether a district court may deny a reduction for acceptance of responsibility under USSG § 3E1.1 based solely on uncorroborated allegations of post p…
24-6729 Justin Lang Williams v. United States Fifth Circuit 2025-03-10 Denied Response WaivedIFP acceptance-of-responsibility drug-offense felon-in-possession firearms-possession second-amendment sentencing-guidelines Whether section 922(g)(1)'s lifetime ban for possessing a firearm violates the Second Amendment as applied to Petitioner?
24-6202 Kayne Russell Donath v. United States Eighth Circuit 2024-12-26 Denied IFP acceptance-of-responsibility circuit-split criminal-statute physical-force sentencing-enhancement ussg-guideline Whether a statute that does not require the affirmative use of force has, as an element, the use, attempted use, or threatened use of physical force
24-5820 Tevon Ngomba v. United States First Circuit 2024-10-24 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure first-circuit obstruction-of-justice sentencing-guidelines united-states-sentencing-guidelines Whether the Court of Appeals erred in affirming a two-level sentencing enhancement for obstruction of justice and denying acceptance of responsibility…
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 Was petitioner improperly denied credit for acceptance of responsibility?
23-7327 Zachariah Jay Histed v. United States Sixth Circuit 2024-04-29 Denied Response WaivedIFP acceptance-of-responsibility criminal-law criminal-procedure drug-offense federal-sentencing judicial-discretion plea-bargaining sentencing sentencing-guidelines Whether a defendant who pleads guilty, admits the substantive elements of the criminal charge, and spares the government the time and expense of a tri…
23-7133 Garry Hines v. United States Fourth Circuit 2024-04-03 Denied Response WaivedIFP acceptance-of-responsibility appellate-review criminal-appeal criminal-sentencing due-process fourth-circuit sentencing-discretion sentencing-guidelines statutory-maximum Whether the Fourth Circuit erred when determining that Petitioner's Sentence which exceeded the statutory maximum was proper and reasonable
23-6919 Raul Perez v. United States Eleventh Circuit 2024-03-07 Denied Response WaivedIFP acceptance-of-responsibility alford-plea criminal-procedure criminal-sentencing inter-circuit-split memory-defense memory-loss plea-bargaining sentencing-guidelines united-states-sentencing-guidelines Does a plea of guilty pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), based on a complete loss of memory of the actions underlying the offen…
23-5862 Benancio Castaneda v. United States Fifth Circuit 2023-10-24 Denied Response WaivedIFP acceptance-of-responsibility canine-sniff drug-investigation fourth-amendment probable-cause reasonable-suspicion search-and-seizure traffic-stop vehicle-search Whether the Fifth Circuit erred in its rulings on the continued detention and canine search
23-5240 Alden Brent Cooper v. United States Fifth Circuit 2023-07-28 Denied Response WaivedIFP acceptance-of-responsibility criminal-conduct criminal-procedure due-process fifth-amendment presentence-investigation presentence-investigation-report sentencing sentencing-guidelines Does denial of credit for alleged criminal conduct the defendant refuses to admit and denies in good faith he committed violate the Due Process Clause…
22-7771 Jaden Rene Johnson v. United States Fifth Circuit 2023-06-13 Denied Response WaivedIFP 18-usc-3583 acceptance-of-responsibility criminal-sentencing due-process federal-procedure incarceration liberty liberty-deprivation sentencing sentencing-guidelines statutory-interpretation Whether the District Court unreasonably sentenced Petitioner to a higher than necessary sentence by denying Petitioner's points for acceptance of resp…
22-7290 Michael Kenneth Howard v. United States Fourth Circuit 2023-04-14 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-procedure district-court fourth-circuit right-to-appeal sentencing-guidelines waiver waiver-of-appeal Whether the Fourth Circuit erred by ruling that Mr. Howard waived his right to appeal whether the District Court erred by not applying Acceptance of R…
22-7076 Servando Pineda-Valdez v. United States Fifth Circuit 2023-03-23 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari Whether Servando-Pineda's § 2255 motion sufficiently alleged constitutional claims violations due to counsel's ineffectiveness
22-5262 David D. Major v. United States Seventh Circuit 2022-08-02 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility appeal-denial career-offender criminal-history drug-related-offense obstruction-of-justice reliable-evidence sentencing-guidelines Question not identified
21-7587 Jose Garcia Solorzano v. United States Seventh Circuit 2022-04-11 Denied Response WaivedIFP acceptance-of-responsibility appeal criminal-procedure criminal-sentencing district-court district-court-discretion reduction-in-sentence sentence-reduction sentencing-guidelines u.s.s.g.-§3e1.1 u.s.s.g.-interpretation Did the district court err in not granting Mr. Solorzano a reduction in sentence for his acceptance of responsibility under U.S.S.G. §3E1.1?
21-7351 Miguel Angel Cruz-Polanco, aka Luis Hernandez v. United States Fourth Circuit 2022-03-11 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure federal-sentencing plain-error plea-bargaining sentencing-guidelines Whether the Federal Sentencing Guidelines Mandate a Plea of Guilty and Guarantee a Point Reduction on Acceptance of Responsibility
21-633 Gustavo Placancia-Rosendo v. United States Fifth Circuit 2021-10-29 Denied Response Waived acceptance-of-responsibility burden-of-proof criminal-procedure due-process plea-agreement relevant-conduct sentencing standard-of-proof Whether the government must meet a heightened standard of proof before claiming a defendant has 'falsely denied' uncharged 'relevant conduct' for purp…
21-6064 Robert William Knopping v. United States Ninth Circuit 2021-10-26 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure district-court district-court-discretion downward-departure government-motion sentencing sentencing-guidelines third-level-reduction u.s.s.g. When can district court deny government's motion for 3rd-level reduction for acceptance of responsibility under U.S.S.G. § 8E1.1(b)?
20-7177 Sandra Doyle v. United States Fifth Circuit 2021-02-19 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process post-arrest-interview prosecutorial-discretion relevant-conduct safety-valve sentencing witness-testimony Is it a denial of due process to sentence petitioner based on a finding that she lied or minimized in her safety-valve interview?
20-6726 Jamie Betances v. United States First Circuit 2020-12-30 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure factual-objections guilty-plea legal-arguments plea-agreement sentencing-enhancement sentencing-guidelines Did the lower court err in denying Jamie Betances acceptance of responsibility, under U.S.S.G. § 3E1.1, after Mr. Betances pleaded guilty, accepted th…
20-6577 Victor Mondragon v. United States Fifth Circuit 2020-12-09 Denied Response WaivedIFP acceptance-of-responsibility appellate-review criminal-sentencing district-court downward-adjustment federal-jurisdiction panel-review standard-of-review Did the district court err by denying Mr. Mondragon a three-level downward adjustment for acceptance of responsibility?
20-5812 Jason Andrew Dunlap v. United States Ninth Circuit 2020-09-25 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure defendant-responsibility federal-sentencing guilty-plea offense-level plea-bargaining sentencing-guidelines Whether the sentencing Guidelines limit the maximum offense level to 43, so that, there is a reduction when a defendant accepts responsibility by ente…
20-5775 Natalie Angeles v. United States Fifth Circuit 2020-09-23 Denied Response RequestedResponse WaivedRelisted (2)IFP acceptance-of-responsibility criminal-procedure harm-analysis judicial-coercion presentence-report sentencing structural-error Does a district court coerce the Defendant to withdraw her objections to findings in the Presentence Report where the court informs the Defendant that…
20-5715 Martin Rogelio Longoria v. United States Fifth Circuit 2020-09-16 Denied Response RequestedResponse WaivedRelisted (3)IFP at sentencing may withhold a motion for a third-level reduction acceptance-of-responsibility circuit-split criminal-procedure government-discretion motion-to-suppress plea-bargaining sentencing-guidelines Whether the government, at sentencing, may withhold a motion for a third-level reduction for acceptance of responsibility under USSG § 3E1.1(b) on the…
20-5666 Cristian Mendoza v. United States Fifth Circuit 2020-09-11 Denied Response WaivedIFP acceptance-of-responsibility advisory-sentencing criminal-procedure due-process guilty-plea plea-agreement sentencing-guidelines sentencing-range Whether a defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of r…
20-5356 Jabarr Ryeheine Rudolph v. United States Fourth Circuit 2020-08-14 Dismissed Response WaivedIFP acceptance-of-responsibility appeal cocaine-base criminal-appeal criminal-procedure drug-weight due-process obstruction-of-justice sentencing-guidelines standard-of-review Whether the circuit court of appeals erred in the assessment of a two point enhancement against the appellant for obstruction of justice
19-8649 Angelo Johnson v. United States Eighth Circuit 2020-06-13 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines u-s-sentencing-commission Should a defendant be denied a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1 when the defendant enters a timely guilty…
19-7698 Martin Calderon-Ortalejo v. United States Fifth Circuit 2020-02-18 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure extensive-scope extensive-scope-planning fifth-circuit-review judicial-abuse-of-discretion offense-level-enhancement plea-agreement sentencing-discretion substantial-interference substantial-interference-with-justice total-offense-level Did the United States District Court for the Northern District of Texas, Lubbock Division, abuse its discretion in sentencing?
19-7624 Jerome Shaw v. United States Second Circuit 2020-02-12 Rehearing Response WaivedRelisted (2)IFP acceptance-of-responsibility burden-of-proof criminal-procedure due-process eighth-amendment excessive-fines excessive-fines-clause fatico-hearing sentencing Whether the District Court violated Petitioner's Due Process Rights
19-7638 Rodrigo Cruz Perez v. United States Fourth Circuit 2020-02-11 Denied Response WaivedIFP acceptance-of-responsibility circuit-split constitutional-rights criminal-procedure criminal-sentencing fifth-amendment sentencing-guidelines sixth-amendment split-among-circuits Can a court count a defendant's constitutionally-protected-conduct against the defendant when determining whether the defendant qualifies for a 2-poin…
19-6638 Yannier Arias v. United States Eleventh Circuit 2019-11-21 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel Whether conflicting affidavits require an evidentiary hearing for ineffective-assistance-of-counsel
19-5874 David Kirkland v. United States Third Circuit 2019-09-09 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial Whether the petitioner's attorney was ineffective for withholding information
19-5742 Robert Gene Rand v. United States Ninth Circuit 2019-08-29 Denied Response WaivedIFP acceptance-of-responsibility appellate-review criminal-procedure district-court district-court-discretion factual-findings ninth-circuit plea-agreement sentencing-guidelines sentencing-guidelines-application sentencing-reductions standard-of-review Whether a circuit court errs by affirming a district court's decision regarding the applicability of the United States Sentencing Guidelines based on …
19-5738 Carlos Manuel Perez-Crisostomo v. United States First Circuit 2019-08-29 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process identity name obstruction-of-justice plea-agreement puerto-rico sentencing sentencing-court sentencing-enhancement sentencing-guidelines u.s.s.g.-3c1.1 Whether the Sentencing Court erred in finding Petitioner obstructed justice, pursuant to U.S.S.G. § 3C1.1, when Petitioner did not correct the name un…
19-5718 Alexander Lee Salazar v. United States Fifth Circuit 2019-08-27 Denied Response WaivedIFP acceptance-of-responsibility appeal criminal-procedure district-court district-court-discretion mitigating-factors mitigating-role offense-level role-adjustment sentencing-guidelines Did the district court err when it declined to grant Mr. Salazar a mitigating role adjustment under the Guidelines?
18-9739 Timothy Paul Malone v. United States Fifth Circuit 2019-06-20 Denied Response WaivedIFP acceptance-of-responsibility application-note application-note-2 chapter-5 criminal-procedure criminal-sentencing federal-sentencing judicial-interpretation offense-level sentencing-guidelines statutory-interpretation Whether the lower court has misconstrued and misapplied U.S.S.G. Chapter 5, Part A, Application Note 2 by failing to limit the offense level to a leve…
18-9677 Martin Arreola Zavala v. United States Eighth Circuit 2019-06-14 Denied Response WaivedIFP acceptance-of-responsibility contested-cases criminal-procedure drug-quantity due-process evidence evidence-determination federal-courts federal-sentencing legal-sufficiency quantity-determinations sentencing sentencing-guidelines standard-of-review sufficiency-of-evidence Whether this court should grant certiorari to address the proper application of law to fact relating to sufficiency of the evidence for quantity deter…
18-9085 Juan Antonio Hunter v. United States Fourth Circuit 2019-05-02 Denied Response WaivedIFP acceptance-of-responsibility base-offense-level criminal-appeal criminal-procedure-sentencing criminal-sentencing district-court-discretion federal-sentencing-guidelines first-step-act sentencing-guidelines statutory-maximum u.s.s.g.-5g1.1(a) Whether the district court abused its discretion by deducting the three points awarded the petitioner for his acceptance of responsibility when those …
18-8400 Travis Demond Johnson v. United States Eleventh Circuit 2019-03-12 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-procedure sentencing-reasonableness statutory-purposes-of-sentencing upward-departure Whether the district court erred in departing upward under the United States Sentencing Guidelines §4A1.3
18-8268 Alandis D. Patterson v. United States Fourth Circuit 2019-03-06 Denied Response WaivedIFP acceptance-of-responsibility criminal-history criminal-procedure drug-possession due-process presentence-investigation sentencing-factors sentencing-guidelines sentencing-variance sexual-abuse Did the trial court err in overruling the Petitioner's objection to the Application of a two-level increase pursuant to U.S.S.G. Section 2G1.1(c)(1), …
18-8079 Christopher Loran Bentley v. United States Eleventh Circuit 2019-02-22 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-sentencing judicial-discretion notice-requirement relevant-conduct sentencing-guidelines sentencing-reasonableness statutory-maximum substantive-reasonableness upward-departure Whether the district court erred in sentencing Mr. Bentley
18-7740 Esequiel Joel Rodriguez v. United States Fifth Circuit 2019-02-04 Denied Response WaivedIFP acceptance-of-responsibility certificate-of-appealability due-process government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment Whether it was error to deny Rodriguez a Certificate of Appealability to pursue his Sixth Amendment claim on appeal
18-6980 Traveon Shaquille Martin v. United States Fourth Circuit 2018-12-11 Denied Response WaivedIFP acceptance-of-responsibility clear-error criminal-procedure district-court offense-level sentencing-guidelines u.s.s.g-3e1.1 Whether the district court clearly erred in denying a three-level reduction in Petitioner's offense level for acceptance of responsibility under U.S.S…
18-6911 Adrian Pineda-Orozco v. United States Fifth Circuit 2018-12-04 Denied Response WaivedIFP acceptance-of-responsibility affirmative-defense criminal-conviction criminal-law criminal-law-procedure duress-defense family-member fifth-circuit miscarriage-of-justice sentencing Whether the Fifth Circuit Court of Appeals opinion permitting Pineda-Orasco's conviction to stand resulted in a miscarriage of justice given the longs…
18-5204 Jose Luis Morales v. United States Fifth Circuit 2018-07-11 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process enhancement evidence fact-finding immigration immigration-law judicial-error sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation undocumented-aliens Whether the lower court erred in applying the enhancement under section 2L1.1(b)(2)(B) for transporting aliens
18-5072 Jill M. Evans v. United States Tenth Circuit 2018-07-02 Denied Response WaivedIFP acceptance-of-responsibility burden-on-court-system criminal-procedure due-process efficient-punishment federal-sentencing federal-sentencing-guidelines guilty-plea plea-bargaining sentencing sentencing-guidelines unrelated-offenses Should a defendant receive credit under the acceptance of responsibility guideline for entering a guilty plea, even if alleged to have committed unrel…
18-5047 Keith Lamont Tutt v. United States Fourth Circuit 2018-06-29 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility corporate-liability criminal-procedure-due-process discretion due-process environmental-regulations fair-opportunity officer-responsibility plea-bargaining regulatory-compliance sentencing statutory-interpretation withdraw-guilty-plea withdrawal-of-plea Whether the district court prejudiced the defendant by denying him due process of law and a fair opportunity to be heard concerning his reasons for wa…