discretionary-sentencing

10 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-6600 Richard Daniel v. United States Eleventh Circuit 2024-01-29 Denied Response WaivedIFP circuit-split covered-offense discretionary-sentencing fair-sentencing-act first-step-act sentencing-discretion sentencing-package-doctrine sentencing-reduction Whether a district court can impose a reduced sentence for both covered and non-covered offenses under the First Step Act
23-5499 Manuel De Jesus Del Cid Bran v. United States Fourth Circuit 2023-08-31 Denied Response WaivedIFP 18-usc-3583 abuse-of-discretion criminal-procedure criminal-sentencing deportation discretionary-sentencing sentencing-commission supervised-release Does a district court abuse its discretion under 18 U.S.C. § 3583 by imposing a term of supervised release on a deportable noncitizen purely in order …
21-8133 Gary L. Boyle v. United States Seventh Circuit 2022-06-14 Denied Response WaivedIFP circuit-precedent course-of-conduct criminal-acts criminal-sentencing discretionary-sentencing federal-guidelines guidelines judicial-interpretation same-course-of-conduct sentencing-discretion separate-course-of-conduct united-states-v-booker What constitutes a 'separate course of conduct' in the discretionary sentencing context?
21-7435 Ronell Williams v. Kansas Kansas 2022-03-22 Denied Response WaivedIFP 8th-amendment constitutional-interpretation discretionary-sentencing jones-v-mississippi juvenile-sentencing life-without-parole miller-v-alabama sentencing-discretion youth-characteristics Does this Court's decision in Jones v. Mississippi mandate that states must strictly apply that any discretion in sentencing a juvenile to life withou…
20-7068 Jerry Davis v. United States Fourth Circuit 2021-02-05 Denied Response WaivedIFP civil-rights conspiracy criminal-procedure discretionary-sentencing drug-convictions drug-crimes due-process first-step-act sentencing sentencing-reduction statutory-interpretation Whether the U.S. Circuit Court of Appeals created a circuit split by declining to find that the defendant's conviction for a mixed crack and powder co…
19-720 United States v. Riley Briones, Jr. Ninth Circuit 2019-12-06 GVR Relisted (2) constitutional-law criminal-procedure discretionary-sentencing due-process eighth-amendment juvenile-offenders juvenile-sentencing life-imprisonment life-without-parole parole sentencing sentencing-discretion Whether Miller v. Alabama entitles respondent to invalidation of a discretionary life-without-parole sentence
19-399 Barry C. Garcia v. North Dakota North Dakota 2019-09-25 Denied Response RequestedRelisted (3) discretionary-sentencing juvenile-offenses juvenile-offenses-sentencing life-without-parole mandatory-sentencing miller-v-alabama montgomery-v-louisiana parole resentencing-hearing sentencing Whether the constitutional standard announced in Miller v. Alabama applies only to mandatory sentences
19-336 Keith Chester Hill v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2019-09-12 Denied Response Waived capital-sentencing discretionary-sentencing fifth-circuit glover-v-united-states habeas-corpus ineffective-assistance ineffective-assistance-of-counsel prejudice prejudice-analysis reasonable-probability sentencing strickland-standard strickland-v-washington Whether the court of appeals erred in holding that, to demonstrate that counsel was ineffective at a state, non-capital, discretionary sentencing proc…
19-5128 Robert Vincent Salcedo v. United States Ninth Circuit 2019-07-10 Denied Response WaivedIFP circuit-split direct-appeal discretionary-sentencing discretionary-sentencing-authority non-retroactive-amendment nonretroactive-amendment remand-for-resentencing resentencing retroactivity sentencing-guidelines When a non-retroactive amendment to the United States Sentencing Guidelines takes effect after a defendant is sentenced but while his direct appeal is…
18-9123 Jovan McClenton v. California California 2019-05-03 Denied Response WaivedIFP discretion due-process eighth-amendment miller-v-alabama sentencing de-novo-resentencing discretionary-sentencing eighth-amendment hallmark-features-of-youth juvenile-offenders juvenile-sentencing miller-factors miller-v-alabama proportionality Is de novo resentencing required where lengthy, fully determinate sentences, primarily based on the discretion of the trial court, were imposed on juv…