| 25-6090 |
Derrick Lorenzo Casey v. United States |
Fourth Circuit |
2025-11-12 |
Denied |
Response WaivedIFP |
armed-career-criminal charging-error fifth-amendment guilty-plea harmless-error structural-error |
I. Whether the failure to indict a defendant with the elements of an aggravated offense in violation of the Fifth Amendment is structural error.
II. … |
| 25-5769 |
Robert Scott Kennedy v. United States |
Eleventh Circuit |
2025-09-30 |
Denied |
Response WaivedIFP |
armed-career-criminal burglary-statute criminal-procedure predicate-offense sentencing-guidelines statutory-interpretation |
1. Whether Mr. Kennedy was erroneously sentenced as an armed career criminal and received sentencing guidelines enhancements based on two prior Georgi… |
| 25A203 |
Derrick Lorenzo Casey v. United States |
Fourth Circuit |
2025-08-20 |
Presumed Complete |
|
armed-career-criminal drug-offense fifth-amendment plain-error-review sentencing-enhancement sixth-amendment |
Question not identified. |
| 24-6306 |
Willems Calixte, Jr. v. United States |
Eleventh Circuit |
2025-01-14 |
Denied |
Response WaivedIFP |
armed-career-criminal criminal-history judicial-fact-finding sentencing-enhancement shepard-documents supreme-court-precedent |
In light of Erlinger v. United States, 144 S.Ct 1840 (2024), was Petitioner Calixte properly sentenced as an armed career criminal where the district … |
| 24-5454 |
Jesse Alaniz Lopez v. United States |
Fifth Circuit |
2024-09-04 |
Denied |
Response WaivedIFP |
armed-career-criminal felony-classification fifth-amendment sentencing-enhancement substantive-due-process texas-robbery |
Whether the Court of Appeals and District Court erred in construing a 1987 Texas robbery conviction as a felony for purposes of Armed Career sentencin… |
| 23-7841 |
Richard Schorovsky v. United States |
Fifth Circuit |
2024-07-01 |
GVR |
IFP |
armed-career-criminal armed-career-criminal-act burglary-statute fifth-circuit-interpretation jury-determination robbery-convictions sentencing sentencing-enhancement separate-occasions shepard-documents |
1. In light of Erlinger v. United States, No. 23-370, 602 U.S._ (June 21, 2024), was Petitioner Schorovsky properly sentenced as an armed career crimi… |
| 23-7190 |
Trivansky Swington v. United States |
Eighth Circuit |
2024-04-10 |
Denied |
Response WaivedIFP |
armed-career-criminal armed-career-criminal-act controlled-substance controlled-substances criminal-conviction criminal-sentencing decontrolled-substances eighth-circuit federal-sentencing federal-sentencing-guidelines sentencing-enhancement |
Whether prior drug convictions inclusive of substances that have since been
decontrolled can be used to impose present day federal sentencing enhancem… |
| 23-6686 |
Clarence Lee Davis v. United States |
Tenth Circuit |
2024-02-07 |
Denied |
Response WaivedIFP |
18-usc-924(c) 28-usc-2255(f)(3) armed-career-criminal attempted-bank-robbery bank-robbery crime-of-violence criminal-violence davis-v-united-states federal-criminal-law sentencing-enhancement statutory-interpretation taylor-v-united-states |
In a proceeding timely filed under 28 U.S.C. 2255(f)(3) does Attempted Armed Bank Robbery qualify as a crime of violence under 924(c)'s residual claus… |
| 23-6524 |
Lynn Richard Norton v. United States |
Sixth Circuit |
2024-01-23 |
Denied |
Response WaivedIFP |
armed-career-criminal crack-cocaine criminal-procedure drug-quantity due-process habeas-corpus ineffective-assistance obstruction-of-justice sentencing-enhancement sixth-amendment strickland-v-washington |
(1) Whether Defense Counsel Jessica McAfee Performance Was Ineffective Assistance Under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.E… |
| 23-5665 |
Shajuan Orlando Johnson v. United States |
Eighth Circuit |
2023-09-28 |
Denied |
Response WaivedIFP |
armed-career-criminal armed-career-criminal-act controlled-substances criminal-sentencing decontrolled-substances drug-convictions eighth-circuit federal-sentencing federal-sentencing-guidelines sentencing-enhancement |
Whether prior drug convictions inclusive of substances that have since been
decontrolled can be used to impose present day federal sentencing enhancem… |
| 22-7904 |
Andrew Ryan Demont v. United States |
Eighth Circuit |
2023-06-29 |
Denied |
IFP |
appellate-review armed-career-criminal circuit-split controlled-substance criminal-law drug-convictions federal-guidelines federal-sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation |
(1) Whether prior drug convictions inclusive of substances that have since been decontrolled can be used to impose present day federal sentencing enha… |
| 22-7903 |
Denvy Hoffman v. United States |
Eighth Circuit |
2023-06-29 |
Denied |
IFP |
armed-career-criminal armed-career-criminal-act controlled-substance controlled-substances criminal-sentencing decontrolled-substances drug-conviction eighth-circuit federal-sentencing federal-sentencing-guidelines sentencing-enhancement |
Whether prior drug convictions inclusive of substances that have since been decontrolled can be used to impose present day federal sentencing enhancem… |
| 22-7898 |
Anthony Lamart Lawrence v. United States |
Eighth Circuit |
2023-06-29 |
Denied |
IFP |
armed-career-criminal armed-career-criminal-act controlled-substance controlled-substances criminal-sentencing decontrolled-substances drug-conviction eighth-circuit federal-sentencing federal-sentencing-guidelines sentencing-enhancement |
Whether prior drug convictions inclusive of substances that have since been decontrolled can be used to impose present day federal sentencing enhancem… |
| 22-7675 |
Quanathan Naiji Knox Ivery v. United States |
Eighth Circuit |
2023-05-31 |
Denied |
IFP |
armed-career-criminal armed-career-criminal-act controlled-substance controlled-substances criminal-sentencing decontrolled-substances drug-conviction eighth-circuit federal-sentencing federal-sentencing-guidelines sentencing-enhancement |
Whether prior drug convictions inclusive of substances that have since been decontrolled can be used to impose present day federal sentencing enhancem… |
| 22-7245 |
Paul DiBiase v. United States |
Second Circuit |
2023-04-10 |
Denied |
Response WaivedIFP |
armed-career-criminal due-process plea-agreement post-conviction post-conviction-review sentencing sentencing-enhancement violent-felony waiver-of-rights |
Petitioner was sentenced as an Armed Career Criminal (ACC) over his protests that he did not have three prior violent felony convictions as required f… |
| 22-736 |
Willie Lumarris Baxter v. United States |
Fourth Circuit |
2023-02-07 |
Denied |
Response Waived |
18-usc-924(e) armed-career-criminal congressional-intent drug-offenses fourth-circuit predicate-offenses sentencing sentencing-enhancement statutory-interpretation |
Was the Fourth Circuit's rejection of the Petitioner, Willie Baxter's argument that the prior offenses for serious drug offenses included in a prior i… |
| 22-5002 |
Richard Winn v. United States |
Third Circuit |
2022-06-30 |
Denied |
Response WaivedIFP |
18-usc-922 18-usc-925 armed-career-criminal constructive-possession criminal-firearms sentencing-enhancement shular-v-united-states statutory-interpretation third-circuit |
The first question presented is whether or not the Petitioner, RICHARD WINN,
should have been sentenced as an Armed Career Criminal (ACCA) requiring t… |
| 21-5386 |
Michael Kenneth Young v. United States |
Fourth Circuit |
2021-08-16 |
Denied |
Response WaivedIFP |
armed-career-criminal criminal-classification district-court drug-offense fourth-circuit fourth-circuit-appeal prior-convictions sentencing sentencing-enhancement sentencing-guidelines serious-drug-offenses |
Did the Fourth Circuit Court of Appeal err in reversing the decision of the District Court which had determined that Petitioner Michael Young was not … |
| 20-8421 |
Braulio Perez v. United States |
Eleventh Circuit |
2021-06-25 |
Denied |
IFP |
4th-amendment 5th-amendment 6th-amendment 911-call armed-career-criminal body-camera body-camera-footage constitutional-rights'\n'Issue 4 criminal-history criminal-law criminal-procedure criminal-procedure'\n'Issue 2 criminal-procedure'\n'Issue 3 criminal-procedure'\n'Issue 4 enhancement evidence fair-trial fifth-amendment firearm fourth-amendment motion-to-suppress search-and-seizure self-incrimination sentencing sentencing-enhancement statements statutory-interpretation witness witness-testimony |
1. Whether Mr. Perez's Fourth Amendment rights were violated when his motion to suppress the firearm was denied?
2. Whether Mr. Perez's Fifth Amendme… |
| 20-8053 |
William Leroy Sanders v. United States |
Eighth Circuit |
2021-05-18 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
armed-career-criminal armed-career-criminal-act iowa-interference-with-official-acts johnson-precedent mathis-analysis mathis-v-united-states modified-categorical-approach residual-clause section-2255 sentencing statutory-overbreadth violent-felony |
Whether Mr. Sanders was improperly denied 28 U.S.C. § 2255 relief from his fifteen-year Armed Career Criminal Sentence, pursuant to United States v. J… |
| 20-6596 |
Kevin S. Abney v. United States |
Sixth Circuit |
2020-12-10 |
Denied |
Response WaivedIFP |
armed-career-criminal due-process legislative-history rule-of-lenity sentencing-guidelines statutory-construction statutory-interpretation |
Whether the legislative history dealing with 18 USC § 924(e)(1) supports all the lower courts' rulings concerning offenses committed on different occa… |
| 20-6451 |
Genesis Javon White v. United States |
Eleventh Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
acca armed-career-criminal armed-career-criminal-act criminal-classification factual-finding occasions-different prior-convictions sentencing sentencing-enhancement serious-drug-offense serious-drug-offenses |
I. WHETHER THE DISTRICT COURT ERRED IN CLASSIFYING MR. GRIFFIN AS AN ARMED CAREER CRIMINAL WHERE HIS PRIOR CONVICTIONS DID NOT QUALIFY AS "SERIOUS DRU… |
| 19-8837 |
Donnie Wayne Nipper v. United States |
Fourth Circuit |
2020-06-26 |
Denied |
Response WaivedIFP |
armed-career-criminal criminal-procedure double-jeopardy ex-post-facto jurisdictional-waiver sentencing sentencing-enhancement statutory-interpretation united-states-constitution |
Should Mr. Nipper be resentenced without an armed career criminal enhancement to his guideline range where the government failed to allege prior convi… |
| 19-7472 |
Tymaine Akeen Lewis v. United States |
Fifth Circuit |
2020-01-29 |
Denied |
IFP |
18-usc-924(e) armed-career-criminal armed-career-criminal-act categorical-approach controlled-substance drug-offense firearm-possession prior-conviction qualifying-offense robbery statutory-interpretation texas-robbery violent |
Whether Petitioner is an Armed Career criminal under 18 U.S.C. § 924(e)? |
| 19-6363 |
David Pearson v. United States |
Eleventh Circuit |
2019-10-24 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal-rights armed-career-criminal armed-career-criminal-act categorical-analysis drug-offense drug-offenses ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement sentencing sentencing-enhancement statutory-maximum |
1. Did the court of appeals, in rejecting petitioner's claim that his sentencing counsel provided ineffective assistance by failing to challenge his a… |
| 19-5037 |
Gilberto Villanueva, Jr. v. United States |
Eleventh Circuit |
2019-07-02 |
Denied |
Relisted (2)IFP |
alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal armed-career-criminal-act criminal-statute descamps-v-united-states district-court-fact-finding felon-in-possession johnson-descamps-precedent johnson-v-united-states mens-rea |
Should the District Court be allowed to find the facts necessary in order to qualify defendant as an Armed Career Criminal or should precedent such as… |
| 18-9601 |
Lawrence J. Strickland v. United States |
Eighth Circuit |
2019-06-10 |
Denied |
Response WaivedIFP |
armed-career-criminal criminal-procedure due-process fifth-amendment predicate-offenses prior-convictions sentencing sixth-amendment |
1. Does it violate the Fifth Amendment Due Process Clause and the Sixth Amendment for the district court to make a finding that two "armed career crim… |
| 18-7750 |
Ronald Morrobel v. United States |
Eleventh Circuit |
2019-02-05 |
Denied |
Response WaivedIFP |
aggravated-assault categorical-approach firearms-trafficking possession-of-firearm sentencing-guidelines armed-career-criminal categorical-approach crime-of-violence due-process felony-possession firearm-trafficking florida-aggravated-assault sentencing-enhancement sentencing-guidelines |
I. Whether The District Court, Erred When It Found That The Petitioner Was An Armed Career Criminal When State Law Clearly Defined Florida Aggravated … |
| 18-7639 |
Caster Delaney Whetstone v. United States |
Fourth Circuit |
2019-01-29 |
Denied |
IFP |
appellate-waiver armed-career-criminal armed-career-criminal-act circuit-split illegal-sentence plea-agreement sentencing statutory-maximum |
Whether a defendant's challenge to his status as an armed career criminal, where the sentence is in excess of the otherwise applicable statutory maxim… |
| 18-6146 |
Charles Neuman v. United States |
Sixth Circuit |
2018-10-01 |
Denied |
Response WaivedIFP |
28-usc-2255 actual-innocence armed-career-criminal armed-career-criminal-act circuit-split federal-custody habeas-corpus mathis savings-clause section-2255 |
Whether a claim of actual innocence of Armed Career Criminal status, based on this Court's decision in Mathis is cognizable under the savings clause, … |
| 18-5680 |
Reginald McGee v. United States |
Fifth Circuit |
2018-08-21 |
Denied |
Response WaivedIFP |
aggravated-assault armed-career-criminal armed-career-criminal-act commerce-clause criminal-procedure indictment mandatory-minimum mandatory-minimum-sentence plea-colloquy sentencing-enhancement violent-felony |
I. The district court reverisbly erred when it determined that the defendant's prior conviction for aggravated assault was a violent felony qual ifyin… |
| 18-5445 |
Jason Lee Pyles v. United States |
Eighth Circuit |
2018-08-03 |
Denied |
Response WaivedIFP |
18-usc-924 aggravated-assault arkansas-statute armed-career-criminal categorical-approach due-process eighth-circuit johnson-standard johnson-v-united-states johnson-v-united-states-2015 physical-force statutory-interpretation violent-felony |
L Whether the United States Court of Appeals for the Eighth Circuit erroneously
held that Arkansas aggravated assault on a family or household member
… |
| 18-5398 |
Kenneth Floyd Prutting v. United States |
Eleventh Circuit |
2018-07-30 |
Denied |
IFP |
28-usc-2255 2nd-amendment armed-career-criminal armed-career-criminal-act burden-of-proof criminal-procedure due-process johnson-claim johnson-v-united-states residual-clause samuel-johnson section-2255 sentencing sentencing-enhancement |
In 1993, Mr. Prutting was convicted of possessing a firearm as a convicted felon and sentenced under the Armed Career Criminal Act ("ACCA") to 264 mon… |
| 18-5230 |
John Parker Murphy v. United States |
Tenth Circuit |
2018-07-17 |
Denied |
IFP |
armed-career-criminal armed-career-criminal-act constitutional-error due-process johnson-movant johnson-v-united-states retroactivity sentencing sentencing-error statutory-interpretation welch-v-united-states |
The question in this case has arisen with great frequency in the wake of Johnson v. United States, 135 S. Ct. 2551 (2015), and Welch v. United States,… |