brandishing
7 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 22-6586 | Reginald Daushawn Earl Tate v. United States | Fourth Circuit | 2023-01-20 | Denied | Response WaivedIFP | brandishing criminal-procedure firearm-brandishing fourth-circuit hobbs-act rule-11 sentencing statutory-interpretation | Whether the United States Court of Appeals properly affirmed the trial court's improper sentencing of the defendant pursuant to 18 U.S.C. §924(c)(1)(A… |
| 21-7055 | Eugene Willis v. United States | Eleventh Circuit | 2022-02-03 | Denied | Response WaivedIFP | brandishing carjacking carjacking-statute criminal-intent due-process-rights firearm ineffective-assistance ineffective-assistance-of-counsel intent judgment-of-acquittal jury-instructions statutory-interpretation | I. In compliance with Holloway V. United States, 526 U.S. 1 (1991), is an attorney ineffective for failing to argue before the jury the Government f… |
| 20-8216 | Justin Michael Wilson v. United States | Fourth Circuit | 2021-06-03 | Denied | Response WaivedIFP | brady-violation brandishing carjacking carjacking-statute criminal-intent due-process firearm firearm-possession intent prosecutorial-misconduct serious-bodily-injury witness-impeachment | 1. In Holloway v. United States, 526 U.S. 1 (1999), this Court held that an "empty threat" of violence is not sufficient to demonstrate that a person … |
| 20-6418 | Michael A. Harris v. United States | Eighth Circuit | 2020-11-24 | Denied | Response WaivedIFP | aiding-and-abetting brandishing brandishing-firearm conspiracy crime-of-violence criminal-law hobbs-act sentence-reduction sentencing supreme-court-precedent | Whether the petitioner is entitled to a sentence reduction after pleading guilty to Conspiracy to Commit Hobbs Act Robbery and aiding and abetting bra… |
| 20-6148 | Smith Merinord v. United States | Fourth Circuit | 2020-10-28 | Denied | Response WaivedIFP | 18-usc-924c 924(c)-statute brandishing criminal-justice-reform direct-appeal firearms-offense first-step-act hobbs-act sentencing statutory-interpretation | I. WHETHER THE FIRST STEP ACT APPLIES TO CASES PENDING ON DIRECT APPEAL AT THE TIME OF ITS ENACTMENT, WHERE THE PETITIONER WAS CONVICTED OF THREE HOBB… |
| 19-7695 | Arturo Delacruz v. United States | Third Circuit | 2020-02-18 | Denied | Response WaivedIFP | brandishing criminal-procedure group-one-robbery ineffective-assistance ineffective-assistance-of-counsel otherwise-used plea-negotiation robbery-offense sentencing-guidelines weapon-enhancement | Because Petitioner did not explicitly admit to facts that would support an "otherwise used" weapon enhancement, as opposed to a "brandishing" weapon e… |
| 18-8603 | Gralyn Leon White v. United States | Fifth Circuit | 2019-03-28 | Denied | Response WaivedIFP | 18-usc-924c aiding-and-abetting brandishing consecutive-sentences criminal-law due-process fifth-circuit first-step-act hobbs-act united-states-v-lewis | Did the Fifth Circuit Court of Appeals err by failing to apply the holdings of United States v. Lewis, 907 F.3d 891, 894-95 (5 Cir. 2018) to Hobbs Act… |