| 24A685 |
Deandre Swain v. Martavious Kincaide, et al. |
Sixth Circuit |
2025-01-13 |
Presumed Complete |
|
cooperation-agreement criminal-proceeding first-amendment plea-supplement public-access right-of-access |
Whether the First Amendment right of access applies to sealed plea supplements in federal criminal proceedings that categorically prohibit public disc… |
| 22-7605 |
Sealed Appellant v. United States |
Ninth Circuit |
2023-05-22 |
Denied |
Response WaivedRelisted (2)IFP |
bad-faith cooperation cooperation-agreement criminal-procedure due-process government-misconduct guilty-plea plea-bargaining prosecutorial-discretion section-3553e sentencing sentencing-relief |
Did the government act in bad faith by denying 18-U.S.C.-3553(e) relief to Petitioner |
| 22-7096 |
Appellant 1 and Appellant 2 v. United States |
Fifth Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
appellate-discretion appellate-procedure breach constitutional contract-interpretation cooperation-agreement crime-of-violence judicial-review sentencing sentencing-guidelines |
Was it unconstitutional and improper for the Fifth Circuit to rely on the government's newly argued application of an undefined contract provision to … |
| 22-6128 |
Christopher Erwin v. United States |
Third Circuit |
2022-11-21 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-split cooperation-agreement downward-departure ineffective-assistance ineffective-assistance-of-counsel plea-colloquy section-2255-motion sentencing-guidelines statutory-maximum |
Did the Circuit Court err in denying Petitioner's motion for ineffective-assistance-of-counsel without a hearing? |
| 21-8109 |
Eric Ray Smith v. United States |
Fifth Circuit |
2022-06-09 |
Denied |
Response WaivedIFP |
or whether the court of appeals should first cons ambiguity contract-interpretation cooperation-agreement criminal-procedure government-as-drafter judicial-construction plain-error-review plea-agreement statutory-interpretation |
Whether a reasonable ambiguity in a cooperation or plea agreement necessarily defeats a defendant's claim of breach on plain error review, or whether … |
| 19-7414 |
Latray Whitley v. Texas |
Texas |
2020-01-24 |
Denied |
IFP |
brady-disclosure-obligations brady-rule cooperation-agreement criminal-procedure due-process federal-inmates giglio-disclosure giglio-rule giglio-v-united-states impeachment-evidence materiality prosecutorial-misconduct state-prosecutors witness-testimony |
Whether the state district court's determination that written, 5K1 and Rule 35-based cooperation addenda, audio recorded communications, and audio rec… |
| 19-6584 |
Steven Williams v. United States |
Second Circuit |
2019-11-12 |
Denied |
Response WaivedIFP |
cooperating-witnesses cooperation-agreement credibility-bolstering direct-examination due-process government-vouching prosecutorial-misconduct prosecutorial-vouching truth-telling witness-credibility witness-testimony |
Whether it is a violation of due process for the government to bolster the testimony of cooperating witnesses |
| 19-203 |
David Greenberg v. United States |
Second Circuit |
2019-08-16 |
Denied |
Response Waived |
appellate-review circuit-court-review cooperation-agreement criminal-procedure criminal-sentencing reasonableness reasonableness-of-sentence reasonableness-standard second-circuit sentence-disparity sentencing sentencing-disparities sentencing-guidelines unwarranted-disparity |
Did the Second Circuit err in affirming Petitioner David Greenberg's sentence without addressing the sentencing court's failure to consider the proper… |