| 24-6976 |
Domingo Agustin-Simon, aka Pedro Sanchez-Mendez v. United States |
Ninth Circuit |
2025-04-11 |
Denied |
Response WaivedIFP |
alien-smuggling arms-length-agreement downward-departure sentencing-guidelines sua-sponte u-s-c-3553 |
Whether U.S. Sentencing Guidelines Section 2A4.1(b)(1) applies to an arms-length alien smuggling agreement and whether a district court must sua spont… |
| 23-7643 |
Thomas Antonio Stuart v. United States |
Eleventh Circuit |
2024-06-05 |
Denied |
Response WaivedIFP |
alien-smuggling criminal-penalty criminal-procedure legislative-history mandatory-minimum sentencing statutory-interpretation textualism |
Whether the five-year mandatory minimum penalty of 8 U.S.C. § 1324(a)(2) can be applied to first-time offenders |
| 23-7560 |
David Darnell Whitehead v. United States |
Fourth Circuit |
2024-05-24 |
Denied |
Response WaivedIFP |
alien-smuggling border-crossing criminal-intent criminal-procedure designated-port-of-entry illegal-immigration immigration-law mens-rea port-of-entry statutory-interpretation sufficiency-of-evidence |
Whether the petitioner's conduct constituted bringing aliens to or entering the United States at a place other than a designated port of entry, and wh… |
| 23-5453 |
Pedro Ramirez-Urbina v. United States |
Fifth Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment |
Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted from being used to enhance his sentence for alien-smuggling |
| 22-6680 |
Michael Stapleton v. United States |
Eleventh Circuit |
2023-02-01 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
aiding-and-abetting alien-smuggling circuit-split defective-indictment due-process effective-assistance-of-counsel jurisdiction pro-se-rights sixth-amendment |
Was the indictment defective? |
| 20-6954 |
Brenda Yadira Gamez-Castaneda v. United States |
Fifth Circuit |
2021-01-27 |
Denied |
Response WaivedIFP |
alien-smuggling criminal-procedure criminal-sentencing due-process judge-found-facts judicial-fact-finding jury-trial jury-trial-rights sentencing sentencing-guidelines sixth-amendment |
Whether Petitioner's sentence violates the Sixth Amendment because its reasonableness depends upon facts found by the court that was not admitted by t… |
| 18-7773 |
Jose Jorge Espinoza-Mendoza v. United States |
Fifth Circuit |
2019-02-05 |
Denied |
Response WaivedIFP |
alien-smuggling appellate-review criminal-appeal criminal-law criminal-procedure due-process fifth-circuit-review guidelines-interpretation immigration risk-assessment sentencing-enhancement standard-of-review stare-decisis statutory-interpretation |
whether-the-sentencing-enhancement-under-u.s.s.g.-§-2l1.1(b)(6)-was-properly-applied |
| 18-5532 |
Galindo Jose Ruiz-Hernandez v. United States |
Fifth Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
alien-smuggling bodily-injury causation causation-standard criminal-procedure criminal-sentencing due-process foreseeability immigration mens-rea reasonable-foreseeability sentencing-enhancement sentencing-enhancements sentencing-guidelines standard-of-review |
Whether the Fifth Circuit erred in affirming the application of sentencing enhancements under U.S.S.G. § 2L1.1(b)(6) and § 2L1.1(b)(7) without requiri… |