base-offense-level
23 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5427 | Rufus E. Dennis v. United States | Eighth Circuit | 2025-08-21 | Denied | Response WaivedIFP | base-offense-level criminal-procedure district-court hobbs-act sentencing-guidelines upward-variance | 1. Did the Defendant "possess" a handgun for the purposes of the sentencing court assessing a 5 point level increase to his base offense level, pursua… |
| 24-5533 | Clint Monroe Utter v. United States | Fourth Circuit | 2024-09-12 | Denied | Response WaivedIFP | abduction base-offense-level carjacking firearm-enhancement robbery sentencing-guidelines | 1. Whether the district court erred in denying Utter's objection to the United States Probation Officer's 5 level enhancement to his base offense leve… |
| 23-7823 | Jyoti Agrawal v. United States | Sixth Circuit | 2024-06-28 | Denied | Response WaivedIFP | actual-loss base-offense-level criminal-procedure criminal-sentencing fraud fraud-loss-calculation government-grant intended-loss loss-calculation sentencing-guidelines | U.S.S.G. § 2B1.1 provides that for cases involving fraud there is an increase in base offense level commiserate with the loss amount. The commentary t… |
| 22-7444 | Julio Gonzalez v. United States | Fifth Circuit | 2023-05-02 | Denied | Response WaivedIFP | administration-of-justice base-offense-level cocaine-possession criminal-procedure criminal-sentencing culpability culpability-assessment drug-quantity fifth-circuit sentencing-guidelines | I. Whether the Fifth Circuit violated federal law when it conducted a cursory review of the facts related to the district courts erroneous decision to… |
| 22-6288 | Mangwiro Sadiki-Yisrael v. United States | Eleventh Circuit | 2022-12-13 | Denied | Response WaivedIFP | base-offense-level first-degree-murder guilty-plea mens-rea rehaif-v-united-states rico-conspiracy sentencing-guidelines statutory-interpretation statutory-max | Whether in a RICO conspiracy case the government is required to prove a defendant's mens rea and knowledge of first-degree murder to establish the sta… |
| 21-7769 | Lonnell Tucker v. United States | District of Columbia | 2022-05-04 | Denied | Amici (1)Response WaivedIFP | appellate-review base-offense-level circuit-split drug-quantity narcotics-prosecution relevant-conduct sentencing-guidelines standard-of-review | Whether the Court should resolve the circuit conflict by requiring de novo review for contested methodologies used to determine Base Offense Levels in… |
| 21-7735 | Erskin Bernard Perryman v. United States | Sixth Circuit | 2022-04-28 | Denied | Response WaivedIFP | appeal-waiver appellate-waiver base-offense-level criminal-procedure due-process judicial-review minor-participant plea-agreement sentencing-guidelines sixth-circuit | The Sixth Circuit Court of Appeals erroneously granted the Government's Motion to Dismiss and refused to address whether the trial court calculated th… |
| 21-7405 | Joshua Guity-Nunez v. United States | Third Circuit | 2022-03-17 | Denied | Response WaivedIFP | 18-usc-section-1594 appeal base-offense-level criminal-conviction criminal-law criminal-statute due-process federal-sentencing human-trafficking sentencing sentencing-guidelines statutory-interpretation | I, Whether Petitioner, who was convicted of 18 U.S.C. § 1594(c), is subject to a Base Offense Level of 34 or 14? |
| 21-5518 | John Perez v. United States | Fifth Circuit | 2021-08-30 | Denied | Response WaivedIFP | atascosa-county base-offense-level criminal-procedure drug-distribution drug-quantity mass-marketing relevant-conduct sentencing-enhancement sentencing-guidelines traffic-stop | I. Was it improper for the Court to find the base offense level was 34 because Mr. Perez should only have been held accountable for the 15 pounds of "… |
| 21-5504 | Eric Worley v. United States | Sixth Circuit | 2021-08-26 | Denied | Response WaivedIFP | base-offense-level burden-of-proof confrontation-clause criminal-procedure drug-quantity evidence preponderance-of-evidence presentence-report sentencing sentencing-guidelines | The Appellant's Appeal was denied on June 1, 2021 by the Sixth Circuit Court of Appeals. In this case, the Appellant raised one (1) issue for determin… |
| 21-5156 | Montarius Montrael Shabazz v. United States | Fifth Circuit | 2021-07-21 | Denied | Response WaivedIFP | base-offense-level plea-agreement record-support sentencing-enhancement subsequent-possession unrelated-possession | Is a Plea Agreement breached by the government when the prosecutor supported a sentencing enhancement to substantially increase the Base Offense Level… |
| 20-7168 | Loren Joel McReynolds v. United States | Ninth Circuit | 2021-02-19 | Denied | Response WaivedIFP | appeal appellate-review base-offense-level criminal-procedure firearms-offense reasonableness-standard sentencing sentencing-guidelines standard-of-review ussg-2k2.1 | I. Whether The Court's Calculation Of McReynolds' Base Offense Level Was Erroneous? II. Whether The Court Erred In Denying A Reduction In The Offense… |
| 20-7006 | Jacquere Doran, aka Jacare Gorman v. United States | Eighth Circuit | 2021-02-01 | Denied | Response WaivedIFP | base-offense-level controlled-substance criminal-sentencing district-court-error enhancement felony-conviction felony-enhancement marijuana-conviction prior-conviction sentencing-guidelines | Did the District Court err in treating Mr. Doran's prior California conviction for sale of marijuana as a felony conviction and using it to enhance hi… |
| 20-6189 | Francisco Javier Nunez v. United States | Fifth Circuit | 2020-11-02 | Denied | Response WaivedIFP | 5th-amendment base-offense-level constructive-possession due-process fifth-amendment firearm firearm-enhancement scienter sentencing-enhancement substantive-due-process | Whether the District Court denied the Petitioner's constitutional right to substantive due process under the Fifth Amendment in this constructive poss… |
| 20-5244 | David Lopez v. United States | First Circuit | 2020-08-03 | Denied | Response WaivedIFP | application-note base-offense-level criminal-procedure judicial-discretion leadership-enhancement rico rico-violation sentencing sentencing-guidelines statutory-interpretation | Did the district court and the First Circuit err by declining to apply Application Note One as written? |
| 20-5006 | Manuel Olivas-Guevara v. United States | Fifth Circuit | 2020-07-09 | Denied | Response WaivedIFP | abduction appeal appeal-timeliness base-offense-level civil-procedure dismissal district-court jurisdiction robbery sentencing-guidelines standing timeliness | 1) DID THE PANEL ERR BY DISMISSING THE APPEAL FOR TIMELINESS? 2) DID THE DISTRICT COURT ERR BY AFFIRMING THE DISTRICT COURT'S DECISION TO INCREASE MI… |
| 19-8702 | Billy Edward Sedberry v. United States | Fifth Circuit | 2020-06-15 | Denied | Response WaivedIFP | base-offense-level criminal-procedure drug-quantity judicial-fact-finding jury-trial methamphetamine sentencing sentencing-guidelines sixth-amendment | 1. Whether the district court procedurally erred in miscalculating Sedberry's drug quantity base offense level. 2. Alternatively, whether the distric… |
| 19-7735 | Ronnie Kearby v. United States | Fifth Circuit | 2020-02-21 | Denied | Response WaivedIFP | base-offense-level burden-of-proof drug-conspiracy drug-quantities drug-quantity due-process evidence federal-courts non-testifying-coconspirator non-testifying-informant preponderance-of-evidence | 1. In a federal drug conspiracy case where there is no drug seizure, may a court accept a mere allegation of estimated drug quantities from a non-test… |
| 19-6939 | Anthony Scott Hunt v. United States | Fourth Circuit | 2019-12-13 | Denied | Response WaivedRelisted (2)IFP | base-offense-level categorical-approach controlled-substance-offense divisibility drug-statute modified-categorical-approach predicate-offense sentencing-guidelines u.s.s.g-§-4b1.2(b) u.s.s.g.-§-2k2.1(a)(4)(a) u.s.s.g.-§-4b1.2(b) | WHETHER A STATE DRUG STATUTE, THAT IS EITHER COMPLETELY INDIVISIBLE OR AT MOST ONLY DIVISIBLE INTO NO MORE THAN THREE GENERALLY SEPARATE OFFENSES, ALL… |
| 19-6619 | Genesis Lee Whitted v. United States | Fourth Circuit | 2019-11-13 | Denied | Response WaivedIFP | base-offense-level criminal-procedure drug-quantity drug-weight fourth-circuit indictment relevant-conduct sentencing-guidelines sentencing-guidelines-1b1.3 time-interval | WHETHER THE DISTRICT COURT IMPROPERLY EXPANDED GUIDELINE § 1B1.3 BY INCLUDING DRUG AMOUNTS ASSOCIATED WITH CONDUCT OCCURRING SIGNIFICANTLY OUTSIDE THE… |
| 18-9703 | Milton Terry Kelton v. United States | Eighth Circuit | 2019-06-18 | Denied | Response WaivedIFP | base-offense-level criminal-procedure due-process ex-post-facto federal-rules federal-rules-of-criminal-procedure plain-error sentencing-enhancement sentencing-guidelines | WHETHER THE HONORABLE JUDGE BRIAN C. WIMES AND THE U.S. ATTORNEY JAMES BOHLING UTILIZE TWO-INAPPLICABLE STATUTORY ENHANCEMENTS ENACTED BY THE UNITED S… |
| 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 … |
| 18-5112 | Benjamin Fredrick Charles Robinson v. United States | Sixth Circuit | 2018-07-06 | Denied | Response WaivedIFP | base-offense-level criminal-procedure criminal-sentencing dismissed-count due-process mandatory-minimum restitution sentencing-guidelines statutory-minimum upward-departure | I. Whether a four (4) level upward departure for conduct underlying a dismissed count pursuant to USSG §5K2.21, bringing the defendant's sentence abov… |