acquitted-conduct
67 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… |
| 24-7052 | Michael Lynn Ashford v. United States | Eighth Circuit | 2025-04-22 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights due-process fifth-amendment sentencing-guidelines sixth-amendment | Whether the District Court should be able to utilize acquitted conduct in determining the advisory Guidelines and in reaching an appropriate sentence … |
| 24-5339 | Seth Elred Perricone v. United States | Fifth Circuit | 2024-08-19 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquitted-conduct constitutional-rights due-process fifth-amendment sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a court from basing a defendant's criminal sentence on past conduct for which a jury had acquitted the… |
| 24-5117 | Terrance Nathaniel Brown, Jr. v. United States | Fourth Circuit | 2024-07-19 | Denied | Response WaivedRelisted (2)IFP | 21-usc-841 acquitted-conduct due-process ineffective-assistance ineffective-assistance-of-counsel jury-trial sentencing-enhancement sentencing-guidelines statutory-interpretation statutory-sentencing | A. Whether counsel was ineffective for failing to argue that the general verdict required that the statutory sentence be based on marijuana under 21 U… |
| 23-7768 | Leonard Williamson, Jr. v. United States | Seventh Circuit | 2024-06-20 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing-guidelines sixth-amendment | Whether the Fifth and Sixth Amendments prohibit the district court from considering conduct of which Mr. Williamson was acquitted by the jury when cal… |
| 23-7746 | Robert Brumfield, III v. United States | Fifth Circuit | 2024-06-18 | Denied | Response WaivedIFP | acquitted-conduct brady-prejudice criminal-procedure due-process fifth-amendment jury-acquittal prosecution-evidence sentencing sentencing-guidelines sixth-amendment | 1. Whether courts evaluating Brady prejudice are permitted to ignore a jury's acquittal when evaluating the strength of the prosecution's evidence. I… |
| 23-7575 | Oscar Dillon, III v. United States | Eighth Circuit | 2024-05-28 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-culpability double-jeopardy federal-rules-of-evidence fifth-amendment rule-404(b) trial-procedure unrelated-charges | The Eighth Circuit United States Court of Appeals determined that criminal culpability derived from verdicts of aquittals are admissible in separate t… |
| 23-7566 | Brendon Tyre Garner v. United States | Fourth Circuit | 2024-05-28 | Denied | Response WaivedIFP | 5th-amendment 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-7458 | In Re Michael David Hower | 2024-05-13 | Dismissed | Response WaivedIFP | acquitted-charge acquitted-conduct criminal-procedure due-process evidentiary-hearing habeas-corpus jury-trial section-2255 sentencing sentencing-enhancement sixth-amendment | Did the Courts below commit reversible err denying petitioners 2255 motion without conducting an evidentiary hearing to resolve factual disputes? Di… | |
| 23A983 | Robert Brumfield, III v. United States | Fifth Circuit | 2024-05-03 | Presumed Complete | acquitted-conduct brady-violation criminal-procedure fifth-amendment sentencing-enhancement sixth-amendment | Question not identified. | |
| 23-7312 | James Bennett v. United States | Eighth Circuit | 2024-04-26 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment | Whether consideration of acquitted conduct by the District Court in consideration of Bennett's ultimate sentence violates the Due Process Clause of th… |
| 23-6408 | Jade LaRoche v. United States | Eighth Circuit | 2024-01-03 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments. |
| 23-6251 | Jonathan Rodriguez v. United States | Fifth Circuit | 2023-12-13 | Denied | Response WaivedIFP | acquitted-conduct confrontation-clause due-process fifth-amendment preponderance-of-evidence sentencing sentencing-standard sixth-amendment suppression-motion | I. Whether the use of a preponderance of the evidence standard at sentencing violated Rodriguez's Fifth Amendment and Sixth Amendment rights? II. Whe… |
| 23A483 | Salvador Magluta v. United States | Eleventh Circuit | 2023-11-29 | Presumed Complete | acquitted-conduct circuit-split compassionate-release sentence-modification sentencing-guidelines solitary-confinement | Question not identified. | |
| 23-554 | Michael O'Bannon v. United States | Seventh Circuit | 2023-11-27 | Denied | Response Waived | acquitted-conduct constitutional-law constitutional-rights criminal-procedure due-process sentencing sixth-amendment | Whether the Constitution permits a criminal defendant to be sentenced based on conduct for which he or she was acquitted. |
| 23-5692 | Jose Ramon Andino-Morales v. United States | First Circuit | 2023-10-02 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-procedure due-process fifth-amendment jury-trial jury-trial-right sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 23-5540 | Michael Rinaldi v. United States | Third Circuit | 2023-09-07 | Denied | Response WaivedIFP | 6th-amendment acquitted-conduct criminal-sentencing double-jeopardy due-process fifth-amendment jury-trial ratio-decidendi sentencing sixth-amendment | 1. ) Whether the fifth and sixth amendments prohitbit a ferderal court from basing a criminal defendants sentence on conduct for which a jury has acq… |
| 23-5434 | Lamar Victor Moncrieffe v. United States | Eleventh Circuit | 2023-08-24 | Denied | Response WaivedIFP | acquitted-conduct double-jeopardy fifth-amendment jury-determination jury-trial sentencing-enhancement sixth-amendment | Whether a district court violates a defendant's Fifth Amendment and Sixth Amendment rights by basing a substantial four-level sentencing enhancement o… |
| 22-1195 | Phillip Robinson v. United States | Seventh Circuit | 2023-06-09 | Denied | Response Waived | acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct for which a jury has acquitted … |
| 22-7148 | Karteu Omar Jenkins v. United States | Eleventh Circuit | 2023-03-29 | Denied | Response WaivedRelisted (9)IFP | acquitted-conduct criminal-procedure drug-weight-calculation due-process fifth-amendment ineffective-assistance-of-counsel right-to-counsel sentencing sixth-amendment | I. WHETHER THE DISTRICT COURT ERRED IN NOT APPOINTING NEW COUNSEL AFTER THE SECOND HEARING ON THIS MATTER? II. WHETHER THE DISTRICT COURT ERRED IN NO… |
| 22-7065 | Ahmed Abu Khatallah v. United States | District of Columbia | 2023-03-22 | Denied | IFP | acquitted-conduct constitutional-rights criminal-law criminal-statute due-process extraterritorial-application extraterritorial-jurisdiction sentencing sentencing-enhancement sixth-amendment statutory-interpretation | i. Does 18 U.S.C. § 924(c) apply extraterritorially? ii. Do the Fifth and Sixth Amendments prohibit a court from basing a criminal defendant's senten… |
| 22-6815 | David E. Merry v. United States | Eleventh Circuit | 2023-02-17 | Denied | Relisted (7)IFP | acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing (enhancing) a criminal defendant's sentence on conduct for which a jury ha… |
| 22-6386 | Frank Sanchez v. United States | Eighth Circuit | 2022-12-22 | Denied | Relisted (9)IFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments. |
| 22-5936 | Demetrius Troy Bradley v. Michigan | Michigan | 2022-10-31 | Denied | IFP | acquitted-conduct constitutional-law criminal-procedure due-process fourteenth-amendment jury-trial jury-trial-rights sentencing sentencing-discretion sixth-amendment | 1. Do the jury-trial and due process guarantees of the Sixth and Fourteenth Amendments prohibit judges from considering, at sentencing in a criminal c… |
| 22-5345 | Gary Paul Karr v. United States | Fifth Circuit | 2022-08-15 | Denied | Relisted (11)IFP | acquitted-conduct criminal-sentencing cross-examination due-process fifth-amendment hearsay-statement sixth-amendment | 1. Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for whic… |
| 22-118 | Marquis Shaw v. United States | Ninth Circuit | 2022-08-08 | Denied | Relisted (12) | acquitted-conduct constitutional-rights criminal-sentencing double-jeopardy due-process issue-preclusion jury-trial sentencing united-states-v-watts | (1) Do either the Jury Clauses of Article III and the Sixth Amendment or the Due Process Clause of the Fifth Amendment bar a court from imposing a mor… |
| 21-8190 | Thomas Luczak v. United States | Seventh Circuit | 2022-06-21 | Denied | Response RequestedResponse WaivedRelisted (13)IFP | acquitted-conduct criminal-procedure double-jeopardy due-process sentencing united-states-v-watts | Whether this Court should overturn its decision in United States v. Watts, 519 U.S. 148 (S.Ct. 1997), which holds that sentencing judges can consider … |
| 21-7252 | Terrance Stinson, aka T-Rock v. United States | Second Circuit | 2022-03-02 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights due-process fifth-amendment jury-guarantee jury-trial sentencing sixth-amendment | Whether sentencing based on acquitted conduct violates the Sixth Amendment jury guarantee and the Fifth Amendment Due Process Clause. |
| 21-6691 | Aaron Hicks v. United States | Second Circuit | 2021-12-22 | Denied | Response WaivedIFP | acquitted-conduct conflict-of-interest counsel-representation criminal-procedure double-jeopardy issue-preclusion joint-trials right-to-counsel severance | 1. When a co-defendant is represented by counsel who previously represented the defendant, thereby creating an actual conflict of interest, may a cour… |
| 21-882 | Esteban Gaspar-Felipe v. United States | Fifth Circuit | 2021-12-15 | Denied | Amici (4)Response Waived | 5th-amendment 6th-amendment acquitted-conduct criminal-sentencing due-process fifth-amendment jury-trial sixth-amendment | 1. Whether the Fifth Amendment's Due Process Clause prohibits a federal court from basing a criminal defendant's sentence on a charge of which a jury … |
| 21-6215 | Lawrence Oakie, aka LBJ v. United States | Eighth Circuit | 2021-11-09 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment sentencing sixth-amendment | Whether the use of acquitted conduct to determine a defendant's sentence violates the Fifth and Sixth Amendments. |
| 21-5284 | Albert Lamont Hector v. United States | Ninth Circuit | 2021-08-03 | Denied | Response WaivedIFP | acquitted-conduct due-process federal-appeals-courts fifth-amendment jury-trial sentencing sixth-amendment state-high-courts | Whether sentences based on acquitted conduct violate the Fifth Amendment's Due Process Clause or Sixth Amendment's jury-trial guarantee, a question th… |
| 20-8254 | Demario M. Peterson v. United States | Sixth Circuit | 2021-06-08 | Denied | Response WaivedIFP | acquitted-conduct due-process fifth-amendment jury-trial procedural-reasonableness sentencing sentencing-variance sixth-amendment substantive-reasonableness | Whether the Sixth Amendment, Fifth Amendment, and this Court's jurisprudence on the procedural and substantive reasonableness of sentences are implica… |
| 20-8211 | Christian M. Allmendinger v. United States | Fourth Circuit | 2021-06-03 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process fifth-amendment judicial-fact-finding jury-trial reasonable-doubt sentencing-guidelines sixth-amendment witte-v-united-states | 1. Alleyne v. United States, 570 U.S. 99, 133 S. Ct. 2151 (2013), expressly overruled Harris v. United States, 536 U.S. 545 (2002), and at least impli… |
| 20-6540 | Joshua N. Wright v. United States | Fourth Circuit | 2020-12-04 | Denied | Response WaivedIFP | abduction acquitted-conduct constitutional-law crime-of-violence criminal-law due-process federal-courts jury-instruction jury-instructions sentencing sentencing-enhancement upward-variance | 1. Whether the district court erred in its "crime of violence" instruction to the jury. 2. Whether the district court erred in assessing an enhanceme… |
| 20-6337 | Tramaine Standberry v. United States | Fourth Circuit | 2020-11-16 | Denied | Response WaivedIFP | acquitted-conduct crime-of-violence criminal-law district-court-discretion due-process guidelines-interpretation jury-trial sentencing sentencing-enhancement unconstitutional upward-variance | 1. Did the jury convict Mr. Standberry for a crime of violence that this Court has held is unconstitutional? 2. Was the district court's upward varia… |
| 20-5799 | Lorenzo Davis v. United States | Sixth Circuit | 2020-09-24 | Denied | Response WaivedIFP | acquitted-conduct constitutional-law criminal-law criminal-procedure double-jeopardy due-process judicial-discretion sentencing sentencing-guidelines | Whether a criminal defendant's sentence should be based upon acquitted conduct. |
| 20-5689 | Orlando Bell v. United States | District of Columbia | 2020-09-14 | Denied | IFP | acquitted-conduct constitutional-rights due-process fifth-amendment jury sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a defendant's sentence on conduct for which the jury acquitted the defenda… |
| 20-5436 | Christy Santiago v. United States | Fourth Circuit | 2020-08-20 | Denied | Response WaivedIFP | acquitted-conduct constitutional-rights criminal-procedure criminal-sentencing due-process jury-trial sentencing-guidelines sixth-amendment | Does the Sixth Amendment's right to a jury trial prohibit courts from using acquitted conduct to vary significantly upward from a Sentencing Guideline… |
| 19-1453 | Michigan v. Gerald Raynard Fuller | Michigan | 2020-07-02 | Denied | acquittal acquittal-consideration acquitted-conduct conflict-of-authority criminal-procedure due-process federal-circuits judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines sentencing-standards state-courts | The federal circuit courts have uniformly held that a sentencing judge may consider conduct for which the defendant has been acquitted, and this Court… | |
| 19-1293 | Michael Ludwikowski v. United States | Third Circuit | 2020-05-15 | Denied | Response RequestedResponse WaivedRelisted (2) | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-acquittal sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from increasing a criminal defendant's sentence for conduct underlying a count on whic… |
| 19-8342 | Dearieus Duheart v. United States | Fifth Circuit | 2020-04-23 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sentencing-enhancement sixth-amendment | Whether the Fifth and Sixth Amendments prohibit the use of acquitted conduct to enhance a defendant's sentence? |
| 19-8111 | Todd James Broxmeyer v. L. Ray Ormond, Warden | Fourth Circuit | 2020-03-27 | Denied | Response WaivedIFP | acquitted-conduct constitutional-protection due-process fifth-amendment preponderance-of-evidence presumption-of-innocence sentencing sentencing-enhancement sixth-amendment | Is the use of the preponderance of evidence standard to enhance at sentencing deemed unconstitutional when the presumption of innocence is restored, i… |
| 19-7516 | Mary Mosley v. United States | Fifth Circuit | 2020-01-31 | Denied | Response WaivedIFP | acquitted-conduct alleyne-v-united-states criminal-procedure criminal-procedure-acquitted-conduct double-jeopardy due-process fifth-circuit jury-verdict nelson-v-colorado sentencing sentencing-enhancement sentencing-guidelines | 1) DID THE PANEL ERR BY UPHOLDING THE APPLICATION OF AN ENHANCEMENT FOR BRANDISHING OR POSSESSING A FIREARM WHEN MISS MOSLEY WAS ACQUITTED BY A JURY O… |
| 19-7479 | Brian Price v. United States | First Circuit | 2020-01-29 | Denied | IFP | acquitted-conduct constitutional-rights criminal-conspiracy criminal-procedure double-jeopardy due-process federal-courts federal-sentencing-guidelines sentencing sentencing-guidelines | Whether a defendant's constitutional rights are abridged when a district court bases its sentence solely on acquitted conduct. Whether a criminal con… |
| 19-7086 | Walter Daniel Prezioso v. United States | Ninth Circuit | 2019-12-30 | Denied | IFP | acquitted-conduct constitutional-rights criminal-procedure due-process fifth-amendment sentencing sixth-amendment | Whether reliance on acquitted conduct in imposing sentence violates the Fifth and Sixth Amendments? |
| 19-6647 | Michael J. Baxter v. United States | Eleventh Circuit | 2019-11-15 | Denied | IFP | acquitted-conduct batson-challenge batson-v-kentucky criminal-procedure due-process equal-protection jury-selection racial-discrimination reasonable-doubt sentencing-guidelines sixth-amendment united-states-v-watts | 1. Whether the striking of two out of three black veniremembers demonstrates a "pattern of discrimination" as necessary to satisfy the first step of t… |
| 19-564 | Michigan v. Eric Lamontee Beck | Michigan | 2019-10-29 | Denied | acquitted-conduct constitutional-rights criminal-procedure due-process federal-circuit-courts preponderance-of-evidence presumption-of-innocence sentencing | Whether, when imposing a sentence within the statutory range for the offense of conviction, due process permits a sentencing court to consider conduct… | |
| 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… |
| 19-6265 | Alex Knight v. United States | Eleventh Circuit | 2019-10-16 | Denied | IFP | acquitted-conduct criminal-procedure double-jeopardy due-process fifth-amendment jury-trial sentencing sixth-amendment | Whether the Fifth and/or Sixth Amendments are violated when a district court increases a criminal defendant's sentence based upon conduct for which a … |
| 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… |
| 19-6065 | Emilio Fusco v. United States | Second Circuit | 2019-09-25 | Denied | Response WaivedIFP | acquitted-conduct article-iii article-three constitutional-rights due-process judicial-power sentencing standing | WHETHER PETITIONER RAISED SUBSTANTIAL SHOWING OF DENIAL OF CONSTITUTIONAL RIGHT ON THE ISSUE OF WHETHER ACQUITTED CONDUCT SENTENCING UNDERMINES DUE PR… |
| 19-5346 | Jose Martinez v. United States | Second Circuit | 2019-07-25 | Denied | Response RequestedResponse WaivedRelisted (3)IFP | acquitted-conduct burden-of-proof buyer-seller-defense criminal-conviction cross-examination drug-conspiracy due-process jury-instructions jury-trial sentencing sentencing-guidelines sixth-amendment | Whether this Court's decisions to allow district courts to use acquitted conduct in imposing sentence violate the Constitution |
| 19-107 | Vincent Asaro v. United States | Second Circuit | 2019-07-22 | Denied | Amici (3)Response RequestedResponse WaivedRelisted (3) | 5th-amendment 6th-amendment acquitted-conduct criminal-procedure criminal-sentencing due-process fifth-amendment jury-trial-right sentencing sixth-amendment | Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentence on conduct underlying a charge for which t… |
| 18-9491 | William A. Trudeau, Jr. v. United States | Second Circuit | 2019-05-30 | Denied | Response WaivedRelisted (2)IFP | acquitted-conduct article-iii constitutional-rights criminal-procedure due-process further-review procedural-default sentencing | Whether petitioner raised substantial showing of denial of constitutional right |
| 18-1359 | William Shannon Gresham v. Tennessee | Tennessee | 2019-04-29 | Denied | Response Waived | acquitted-conduct criminal-procedure double-jeopardy due-process jury-trial sentencing sentencing-enhancement sixth-amendment sufficiency-of-evidence | Whether a trial court may use acquitted conduct by a jury that rejected the State's proof on a particular issue in order to enhance a defendant's sent… |
| 18-8660 | Tyree Mansell v. United States | Third Circuit | 2019-04-01 | Denied | Response WaivedIFP | acquitted-conduct due-process fifth-amendment jury-trial jury-trial-right sentencing sentencing-guidelines sixth-amendment | Whether the use of acquitted conduct to increase Mr. Mansell's Sentencing guideline range violated his Fifth Amendment right to due process and his Si… |
| 18-8169 | In Re Alfredo Aguirre | 2019-02-27 | Denied | Response WaivedIFP | acquitted-conduct collateral-review due-process habeas-corpus nelson-v-colorado presumption-of-innocence retroactivity sentencing sentencing-enhancement | Whether the Court should issue a writ of habeas corpus on the ground that Nelson v. Colorado has been or should be made retroactively applicable to ca… | |
| 18-8156 | In Re Dennis Bowden | 2019-02-27 | Denied | Response WaivedIFP | acquitted-conduct collateral-review due-process habeas-corpus nelson-v-colorado retroactive-application retroactivity sentence-enhancement sentencing united-states-v-watts | Whether the Court should issue a writ of habeas corpus on the ground that Nelson v. Colorado has been or should be made retroactively applicable to ca… | |
| 18-650 | Miguel Cabrera-Rangel v. United States | Fifth Circuit | 2018-11-20 | Denied | Amici (5)Response Waived | acquittal-impact acquitted-conduct criminal-procedure criminal-sentencing double-jeopardy due-process judicial-discretion jury-trial sentencing sixth-amendment | Whether the Sixth Amendment right to jury trial prohibits a federal court from basing a criminal defendant's sentence on a charge for which the jury a… |
| 18-6537 | In Re Gerald Phillip Wooten | 2018-11-01 | Denied | Response WaivedIFP | acquitted-conduct collateral-review due-process habeas-corpus nelson-v-colorado retroactive-application retroactivity sentencing sentencing-enhancement united-states-v-watts | Whether the Court should issue a writ of habeas corpus on the ground that Nelson v. Colorado has been or should be made retroactively applicable to ca… | |
| 18-6390 | Valiant White v. Michigan | Michigan | 2018-10-19 | Denied | IFP | acquitted-conduct civil-rights constitutional-rights due-process fruit-of-the-poisonous-tree impeachment-of-jury-verdict independent-finding-of-guilt ineffective-counsel jury-acquitted-conduct jury-trial jury-trial-right reasonable-suspicion | Whether the trial court, Michigan Court of Appeals, and Michigan Supreme Court arbitrarily denied petitioner's right to a jury trial, used inappropria… |
| 18-6308 | Edwin Hernandez v. United States | Second Circuit | 2018-10-12 | Denied | Response WaivedIFP | acquitted-conduct criminal-procedure due-process duress-defense jury-instructions second-circuit sentencing | Did the Second Circuit err in finding that the district court's charge correctly stated the requirements for the duress defense? |
| 18-5528 | Brian Thurman v. United States | Seventh Circuit | 2018-08-09 | Denied | Response WaivedIFP | acquitted-conduct double-jeopardy due-process fifth-amendment sentencing sixth-amendment united-states-constitution | Whether the District Court violated Mr. Thurman's Fifth and Sixth Amendment rights by increasing his sentence based on acquitted conduct |
| 18-5468 | Raul Villarreal and Fidel Villarreal v. United States | Ninth Circuit | 2018-08-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquitted-conduct appellate-review constitutional-rights dismissed-conduct fifth-amendment sentencing-guidelines sentencing-guidelines-review sixth-amendment statutory-law statutory-maximum | Whether an upward departure from the advisory Sentencing Guidelines is subject to appellate review |
| 18-5388 | Albert William Roberts, III v. United States | Eighth Circuit | 2018-07-30 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-procedure double-jeopardy-clause due-process relevant-conduct sentencing sixth-amendment united-states-v-watts watts-precedent | Can acquitted conduct continue to be used at sentencing? |
| 18-5121 | Leslie Dominic Musgrove v. United States | Fourth Circuit | 2018-07-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquitted-conduct drug-quantity due-process jury-verdict nelson-v-colorado preponderance-of-evidence preponderance-of-the-evidence relevant-conduct sentencing sixth-amendment | whether-it-is-a-sixth-amendment-and-due-process-violation-for-a-judge-at-sentencing-to-attribute-acquitted-and-relevant-conduct-by-a-preponderance-of-… |