consecutive-sentences

41 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6748 Clifford Charles Galley, II v. Colorado Colorado 2025-03-11 Denied Response WaivedIFP consecutive-sentences constitutional-proportionality cruel-unusual-punishment eighth-amendment life-without-parole sentencing Whether the Eighth Amendment's prohibition against cruel and unusual punishment requires consideration of aggregate, consecutive sentences amounting t…
23-5954 Arthur Picklo v. United States Eleventh Circuit 2023-11-06 Denied Response WaivedIFP 924(c) consecutive-sentences consecutive-sentencing criminal-procedure federal-criminal-law rule-of-lenity sentencing sentencing-guidelines statutory-interpretation Whether the rule of lenity requires a sentencing court to impose a § 924(c) sentence consecutive to only the predicate crime of violence or drug offen…
23-5941 Gregory L. Randle v. United States Fifth Circuit 2023-11-02 Denied Response WaivedRelisted (2)IFP consecutive-sentence consecutive-sentences criminal-procedure due-process federal-jurisdiction sentencing sentencing-guidelines sentencing-reasonableness supervised-release Whether the district court erred by ordering Mr. Randle to serve 12 months in prison for nonviolent supervised release violations, and by ordering the…
23-5631 Jason M. Moriarty v. United States Eleventh Circuit 2023-09-21 Denied Response WaivedIFP consecutive-sentences criminal-law criminal-procedure imprisonment maximum-sentence revocation-of-release sentencing sentencing-guidelines statutory-interpretation supervised-release When revoking multiple terms of supervised release, may the court run the service in prison on each term consecutively to exceed the maximum authorize…
22-7769 Tyrone Desante Morant v. Bill Stange, Warden Missouri 2023-06-13 Denied Response RequestedRelisted (3)IFP 14th-amendment 6th-amendment 8th-amendment consecutive-sentences constitutional-rights eighth-amendment juvenile-sentencing mandatory-life-sentence miller-v-alabama sentencing-discretion Mandatory-life-without-parole-for-juvenile-offenders
22-7192 Dan Pizarro v. United States Ninth Circuit 2023-04-04 Denied Response WaivedIFP consecutive-sentences criminal-sentencing district-court-authority district-court-discretion federal-criminal-procedure federal-jurisdiction future-events future-sentence-commencement judicial-sentencing-power sentencing-authority setser-v-united-states Does a district court exceed its authority by expressly or effectively ordering its sentence to run consecutively to a sentence in another federal cas…
22-6408 Samuel Lawrence Wood v. Mike Brown, Warden Sixth Circuit 2022-12-28 Denied Response WaivedIFP concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process federal-review federal-sentencing habeas-corpus sentencing state-prisoner state-sentencing statutory-authority Whether a state court can impose a sentence to commence at the completion of a federal sentence in the absence of statutory authority
22-6364 Fairly W. Earls v. Federal Bureau of Prisons Seventh Circuit 2022-12-21 Dismissed IFP concurrent-sentences consecutive-sentences constitutional-rights double-jeopardy due-process federal-sentence sentencing sentencing-guidelines state-sentence Whether Earls should have to serve the same Federal Sentence a Second Time
22-5979 Demetrice R. Devine and Brandon Jowan Mangum v. United States Fourth Circuit 2022-11-02 Denied Response RequestedResponse WaivedRelisted (2)IFP blockburger-test consecutive-sentences constitutional-review criminal-sentencing double-jeopardy modified-blockburger new-sentencing-hearings sentencing sentencing-enhancements substantive-reasonableness Should this Court adopt the predominant modified Blockburger approach and find the maximum consecutive sentences imposed on the Petitioners on all cou…
22-5836 Laquan Kyle Duane Shakespeare v. United States Tenth Circuit 2022-10-14 Denied Response WaivedIFP 18-usc-3583k consecutive-sentences constitutional-challenge double-jeopardy due-process mandatory-minimum marks-doctrine marks-v-united-states sentencing-enhancement statutory-interpretation united-states-v-haymond Whether Mr. Shakespeare's five-year mandatory minimum revocation term of imprisonment is valid
22-5132 Joe Octavio Granado v. United States Fifth Circuit 2022-07-19 Denied Response WaivedIFP 18-usc-3583 concurrent-sentences consecutive-sentences district-court incarceration liberty-deprivation liberty-interest revocation sentencing statutory-interpretation supervised-release Whether the District Court, in revoking supervised release, excessively sentenced Petitioner with consecutive incarceration from an original concurren…
22-49 Efrain Lora v. United States Second Circuit 2022-07-19 Judgment Issued Amici (2)Response RequestedResponse WaivedRelisted (3) circuit-split concurrent-sentences consecutive-sentences criminal-law criminal-procedure federal-criminal-law mandatory-minimums sentencing sentencing-discretion statutory-interpretation Whether 18 U.S.C. § 924(c)(1)(D)(ii) applies to sentences imposed under 18 U.S.C. § 924(j)
21-7975 Amir Karim Beigali v. United States Sixth Circuit 2022-05-26 Denied Response WaivedIFP 924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release Whether the Fifth and Sixth Amendment prohibit a consecutive mandatory penalty under 18 U.S.C. § 924(c)(1)(C)(i) when the second § 924(c) offense was …
21-7784 Idania Renteria Madrid v. United States Fifth Circuit 2022-05-05 Denied Response WaivedIFP 18-usc-3583 consecutive-incarceration consecutive-sentences criminal-sentencing due-process federal-sentencing-guidelines immigration-detention liberty-deprivation sentencing statutory-interpretation Whether the District Court excessively sentenced Petitioner to consecutive incarceration and deprived the Petitioner of liberty within the terms of 18…
21-7773 Eric Middlebrook v. United States Seventh Circuit 2022-05-05 Denied Response WaivedIFP consecutive-sentences constitutional-challenge constitutional-law double-jeopardy drug-crimes drug-offense guideline-range mandatory-consecutive-term mandatory-minimum sentencing-enhancement sentencing-guidelines Does punishing an individual with both a statutory penalty that requires a mandatory consecutive prison term and a Guideline Range enhancement for the…
21-7581 Ice Tee Hudson v. United States Fourth Circuit 2022-04-08 Denied Response WaivedIFP advisory-guidelines consecutive-sentences criminal-sentencing fourth-circuit reversible-error state-prosecution Whether the Fourth Circuit Court of Appeals erred by denying Mr. Hudson's meritorious argument that the district court committed reversible error by i…
21-6701 Nakyia D. Parker v. Douglas Fender, Warden Sixth Circuit 2021-12-22 Denied Response WaivedIFP consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence Whether Parker was denied a fair and impartial trial due to several major constitutional and due process right violations
21-6318 Michael Aaron Aldridge v. United States Fifth Circuit 2021-11-17 Denied Response WaivedIFP consecutive-sentences criminal-sentencing sentencing-guidelines statutory-interpretation substantive-reasonableness supervised-release Whether the district court exceeded the statutory maximum sentence
20-7986 Kevin Dunbar v. Arizona Arizona 2021-05-11 Denied IFP attempted-first-degree-murder consecutive-sentences constitutional-rights criminal-procedure double-jeopardy due-process evidence-weighing kidnapping self-representation supreme-court-precedent Whether the petitioner's aggravated sentences were in violation of due process and conflict with the United States Supreme Court holdings in Apprendi …
20-7961 Antonio Olmeda v. United States Second Circuit 2021-05-07 Denied Response WaivedIFP consecutive-sentences consecutive-sentencing criminal-procedure double-jeopardy due-process firearm-possession jury-determination jury-trial multiplicitous-conviction sentencing-enhancement sentencing-guidelines statutory-interpretation Whether a Judgment and Conviction on two counts, under U.S.S.G. § 2K2.1.(a), for unlawful 'receipt' of a firearm and 'Possession' of that firearm is m…
20-7190 Erik Sanchez v. Terry Jacques, Warden Tenth Circuit 2021-02-22 Denied Response WaivedIFP confrontation-clause consecutive-sentences constitutional-rights criminal-procedure due-process federal-review judicial-discretion plea-bargaining post-conviction-relief sentencing sentencing-guidelines Whether the sentencing court must enter a factual basis to support a consecutive sentence when a defendant has never pled guilty to such facts, depriv…
20-6666 Sebastian L. Eccleston v. United States Tenth Circuit 2020-12-21 Denied Response WaivedIFP bureau-of-prisons concurrent-sentences consecutive-sentences criminal-justice due-process federal-prisoner federal-sentencing sentencing-statutes state-judiciary Whether federal sentencing statutes and the Constitution require the Bureau of Prisons to execute the sentence of a federal prisoner to effectuate the…
20-6396 Michael John Bever v. Oklahoma Oklahoma 2020-11-20 Denied IFP consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment eighth-amendment-review jury-finding juvenile-offender juvenile-sentencing sentencing sixth-amendment Whether a judge's decision to sentence a juvenile offender to consecutive terms is exempt from Eighth Amendment review
20-6332 Cecil Salyers v. Kentucky Kentucky 2020-11-16 Denied Response WaivedIFP concurrent-sentences consecutive-sentences constitutional-interpretation criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prejudice sentencing-prejudice sixth-amendment strickland strickland-standard Whether the Kentucky Court of Appeals correctly interpreted the Sixth Amendment in holding the petitioner cannot demonstrate prejudice under Stricklan…
20-6301 Alfornia Jason Wall, Jr. v. United States Fourth Circuit 2020-11-13 Denied Response WaivedIFP consecutive-sentences criminal-procedure double-jeopardy due-process federal-law federal-state-interaction recidivism sentencing-enhancement state-law Whether the consecutive imposition of a federal and state recidivism-enhanced sentence violates the Double Jeopardy Clause
20-5711 David Smith-Garcia, fka David Garwood Atwood, II v. United States Fifth Circuit 2020-09-16 Denied Response WaivedIFP consecutive-sentences criminal-procedure fifth-circuit plain-error-review sentencing supervised-release Whether the district court erred by ordering two terms of imprisonment to run consecutive in the subject third supervised release revocation proceedin…
19-8132 Antoine T. Chest v. Michael P. Bald, Judge, Circuit Court of Illinois, Stephenson County Illinois 2020-03-31 Denied IFP bodily-harm consecutive-sentences criminal-law criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion legal-ambiguity sentence-enhancement sentencing-interpretation statutory-construction statutory-interpretation Whether concurrent sentences are mandated by statute when the petitioner was found to have caused bodily harm, not severe bodily injury
19-7780 Frank Harper v. United States Sixth Circuit 2020-02-26 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-USC-924(c) 18-usc-924c carjacking-by-intimidation collateral-review consecutive-sentences criminal-procedure dean-v-united-states ineffective-assistance ineffective-assistance-of-counsel Predicate-Offense retroactivity sentencing-guidelines statutory-interpretation Whether Harper was denied effective assistance of counsel
19-7515 Andy Nguyen v. California California 2020-01-31 Denied Response WaivedIFP alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentences consecutive-sentencing criminal-procedure criminal-sentencing judicial-fact-finding preponderance-of-evidence sentencing stare-decisis Should the Court reconsider its majority opinion in Oregon v. Ice
19-7338 David P. Moran v. Florida Florida 2020-01-17 Denied Response WaivedIFP concurrent-sentences consecutive-sentences criminal-procedure double-jeopardy due-process judicial-interpretation prosecutorial-charging same-conduct same-victim sentencing sentencing-discretion sentencing-guidelines Should two charges for the same episode of conduct and the same victim with no temporal break whatsoever be sentenced to consecutive prison terms even…
19-6926 Roger William Campbell, II, aka Roger William Campbell v. United States Ninth Circuit 2019-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP concurrent-sentences consecutive-sentences criminal-procedure federal-sentencing revocation sentence-revocation sentencing-guidelines supervised-release united-states-sentencing-commission Is the 'stacking' of multiple consecutive sentences, upon revocation of multiple concurrent terms of supervised release, consistent with the United St…
19-5969 Tawoine Aquil Frank Banks v. United States Second Circuit 2019-09-17 Denied Response WaivedIFP consecutive-sentences consecutive-sentencing court-of-appeals criminal-procedure due-process revocation revocation-sentence section-3624e sentencing supervised-release Did the Court of Appeals err in affirming of a supervised revocation sentence that ran consecutively to other supervised release revocation sentence?
19-91 Michele Buckner, Warden v. Robert W. Allen Missouri 2019-07-18 Denied consecutive-sentences criminal-procedure cruel-and-unusual-punishment eighth-amendment habeas-corpus habeas-relief juvenile-offender juvenile-sentencing life-without-parole parole-eligibility Whether a State may sentence a juvenile offender convicted of multiple crimes to multiple consecutive terms of years in prison under which the offende…
19-5127 William D. Dunne v. G. J. Bissett, Warden Ninth Circuit 2019-07-09 Denied Response WaivedIFP aggregated-sentences consecutive-sentences federal-prisoner federal-prisoners habeas-corpus mandatory-parole mandatory-release parole parole-eligibility pre-SRA sentence-calculation sentencing sentencing-reform-act statutory-interpretation Does pre-Sentencing Reform Act of 1984 (SRA)-2 old law parole statute apply to petitioner's 1980 95 year aggregate federal sentence
18-9367 Michael F. Ramsey v. New York New York 2019-05-22 Denied Response WaivedIFP consecutive-punishment consecutive-sentences criminal-possession criminal-sentencing double-jeopardy firearm-law intent-of-legislature johnson-v-morgenthau judicial-precedent legislative-intent misapplied-decisions penal-law single-continuous-possession weapon-possession Whether New York, by allowing consecutive sentences for the single continuous possession of the same firearm, ignored its own precedent in Johnson v. …
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…
18-7920 Harold A. Habeck, II v. United States Fourth Circuit 2019-02-12 Denied Response WaivedIFP consecutive-sentences criminal-procedure criminal-procedure,sentencing,mandatory-minimums,d criminal-sentencing discretion drug-offense drug-offenses firearms mandatory-minimum mandatory-minimums predicate-crime sentencing-discretion statutory-interpretation Whether the district court has discretion to consider less than the mandatory sixty month consecutive sentence for a predicate drug offense under 21 U…
18-7399 Gene Donta Carter v. Pennsylvania Pennsylvania 2019-01-14 Denied IFP consecutive-sentences criminal-conspiracy drug-delivery drug-offenses due-process non-violent-crime offense-gravity offense-gravity-scores sentence-proportionality sentencing sentencing-error Did the sentencing court err in applying incorrect offense gravity scores in violation of the appellant's due process rights based on the unproven wei…
18-7365 Robert Allen DeVore v. Brandon Kelly, Superintendent, Oregon State Penitentiary Oregon 2019-01-10 Denied Response WaivedIFP 8th-amendment consecutive-sentences constitutional-law criminal-procedure cruel-and-unusual-punishment cruel-unusual-punishment due-process eighth-amendment habeas-corpus minimum-sentences sentencing Does the combined sentence totaling of 495 years with a 247% year minimum violate the Eighth Amendment against cruel and unusual punishment?
18-7340 Eric Dillon v. United States Seventh Circuit 2019-01-09 Denied Response WaivedIFP appellate-review circuit-split consecutive-sentences criminal-law criminal-procedure-sentencing due-process federal-statute mandatory-minimum mandatory-minimums sentencing sentencing-guidelines statutory-interpretation united-states-v-battle Whether 18 U.S.C. § 924(j) requires a minimum 10-year consecutive sentence
18-6897 Victor Solorzano Tavia v. United States Eleventh Circuit 2018-12-03 Denied Response WaivedIFP blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy