| 25-5917 |
Thomas Avery Drum v. United States |
Eighth Circuit |
2025-10-20 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-authority judicial-discretion new-trial-motion rule-33 weight-of-evidence |
When a criminal defendant files a timely motion for a new trial under Rule 33(b)(2), what is the scope of the district court's authority to grant a ne… |
| 25-5292 |
John Charles Volungus v. United States |
First Circuit |
2025-08-06 |
Denied |
IFP |
adam-walsh-act civil-commitment conditional-release district-court-authority medical-treatment statutory-interpretation |
Whether 18 U.S.C. § 4248(e) permits district courts to impose additional conditions of release beyond medical treatment compliance or only allow relea… |
| 24-7137 |
In Re Jack Eugene Carpenter, III |
|
2025-05-05 |
Denied |
Response WaivedIFP |
counsel-consultation district-court-authority evidence-preservation jurisdiction legal-representation self-determination |
Whether a District Court can exercise jurisdiction and self-determination when a defendant lacks the ability to consult with counsel and preserve evid… |
| 23-5699 |
Jose J. Galiany-Cruz v. United States |
First Circuit |
2023-10-03 |
Denied |
Response WaivedIFP |
compassionate-release criminal-justice criminal-procedure district-court district-court-authority extraordinary-and-compelling-reasons federal-sentencing judicial-discretion sentencing sentencing-guidelines united-states-sentencing-guidelines |
Does a district court have the authority to determine what constitutes 'extraordinary and compelling reasons' warranting compassionate release or are … |
| 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… |
| 22-7055 |
Terrindez Xsidrick Bryant v. United States |
Fourth Circuit |
2023-03-21 |
Denied |
Response WaivedIFP |
advisory-guidelines booker-kimbrough-precedent district-court district-court-authority judicial-discretion kimbrough-v-united-states methamphetamine methamphetamine-sentencing sentencing-guidelines sentencing-variance united-states-v-booker |
Whether a sentence imposed after a district court states it is not the proper forum for addressing flawed Guidelines, and essentially treating Sentenc… |
| 22-783 |
Victor J. Orena v. United States |
Second Circuit |
2023-02-17 |
Denied |
Response Waived |
18-usc-3553 18-usc-3582 concepcion-v-united-states district-court-authority extraordinary-and-compelling-circumstances extraordinary-circumstances first-step-act sentence-reduction sentencing sentencing-discretion statutory-interpretation |
Whether district courts have authority to consider intervening changes in facts in First Step Act motions |
| 22-5156 |
Wilbert McKreith v. United States |
Eleventh Circuit |
2022-07-22 |
Denied |
Response WaivedIFP |
compassionate-release criminal-justice-reform criminal-sentencing district-court-authority first-step-act judicial-authority sentencing sentencing-commission statutory-interpretation |
Do district courts have authority to grant compassionate release under 18 U.S.C. 3582(c)(1)(A) |
| 21-8201 |
Judel Espinoza-Gonzalez v. United States |
Ninth Circuit |
2022-06-22 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-waiver constitutional-violation conviction-review criminal-procedure district-court-authority due-process jurisdictional-challenge mandatory-minimum mandatory-sentence sentencing unconstitutional-conviction |
Whether a court can summarily enforce an appellate waiver to bar motions to vacate convictions and mandatory prison sentences under 18 U.S.C. § 924(c)… |
| 21-7801 |
Richard E. Shreves v. United States District Court for the District of Montana |
Ninth Circuit |
2022-05-09 |
Denied |
IFP |
civil-procedure civil-rights district-court-authority document-access due-process e-filing e-filing-program inmate-rights prison-litigation pro-se-litigant standing statutory-interpretation |
Did the District Court exceed its authority in determining pro-se inmate litigants were not entitled to one free copy of filed documents under 28 U.S.… |
| 21-1336 |
Jeffrey Olsen v. United States |
Ninth Circuit |
2022-04-07 |
Denied |
Amici (1)Response Waived |
covid-pandemic criminal-procedure district-court district-court-authority due-process judicial-discretion jury-trial-suspension jury-trials pandemic prosecutorial-delay speedy-trial-act |
Whether a District Court may dismiss an indictment under the Speedy-Trial-Act where the District Court finds that it is possible to hold a jury trial … |
| 21-7471 |
Jacques Hernes Telcy v. United States |
Eleventh Circuit |
2022-03-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
district-court-authority first-step-act first-step-act-2018 habeas-corpus new-judgment resentencing sentencing sentencing-modification statutory-interpretation |
Whether a resentencing under the First Step Act of 2018 qualifies as a new judgment for the purpose of Magwood v. Patterson |
| 21-6697 |
Melvin Walker v. United States |
Eleventh Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
anti-terrorism-and-death-penalty-act civil-procedure court-jurisdiction district-court-authority docket-modification due-process habeas-corpus judicial-discretion procedural-default statute-of-limitations statutory-interpretation |
Did Congress, with the enactment of 28 U.S.C. § 2255 and the AEDPA, provide District Courts with unquestionable authority to manage their own docket a… |
| 19-307 |
Stuart A. McKeever v. William P. Barr, Attorney General |
District of Columbia |
2019-09-05 |
Denied |
Amici (1)Relisted (2) |
disclosure district-court-authority grand-jury grand-jury-secrecy historical-significance historically-significant inherent-authority judicial-discretion public-interest rule-6(e) rule-6e |
Whether district courts have inherent authority to release grand jury materials in extraordinary circumstances |
| 19-5518 |
Muamar A. Sayyed v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-08-09 |
Denied |
IFP |
§2254 §2254-petition civil-procedure district-court district-court-authority due-process habeas-corpus judicial-discretion motion-correction procedural-error successive-petitions void-judgment |
Does the district court have the authority to dismiss §2254 habeas corpus petition as successive when it was clearly not successive? |
| 18-9735 |
Carlton Darden v. United States |
Eighth Circuit |
2019-06-19 |
Denied |
Response WaivedIFP |
18-usc-3582 criminal-sentencing dillion-v-united-states district-court-authority due-process evidence judicial-discretion judicial-review new-evidence offense-conduct sentencing-guidelines sentencing-modification statutory-interpretation united-states-sentencing-guidelines united-states-v-adams ussg-1b1.10 |
Does 18 USC 3582(c)(2) after Dillion give a district court authority to make additional finding as to offense conduct attributable to a defendant base… |
| 18-8759 |
Cuauhtemoc Juarez-Aquino v. United States |
Ninth Circuit |
2019-04-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-sentencing discretion district-court-authority due-process judicial-discretion majority-circuits ninth-circuit sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion to weigh established factors at sentencing |
| 18-8468 |
Alfredo Mendez v. United States |
Ninth Circuit |
2019-03-19 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split criminal-procedure discretion district-court-authority due-process federal-courts judicial-discretion sentencing sentencing-discretion sentencing-factors |
Whether a federal district court is permitted boundless discretion at sentencing to weigh established factors at sentencing |
| 18-759 |
Matthew D. Sample v. United States |
Tenth Circuit |
2018-12-14 |
Denied |
Amici (3) |
criminal-sentencing district-court district-court-authority district-court-discretion imprisonment income-earning probation restitution sentencing-discretion victim-compensation |
Whether a district court may reduce a prison sentence, or impose a probationary term in lieu of imprisonment, to enable a defendant to earn income to … |
| 18-479 |
Marc Schenkel v. Xyngular Corporation, et al. |
Tenth Circuit |
2018-10-15 |
Denied |
Response Waived |
case-management civil-procedure civil-rights district-court district-court-authority due-process free-speech inherent-authority judicial-discretion pre-litigation-conduct prelitigation-conduct sanctions standing |
Whether a district court's inherent authority to manage the disposition of cases, including by imposing sanctions on a party, does not extend to condu… |
| 18-5182 |
Carlton Butler v. United States |
Eleventh Circuit |
2018-07-10 |
Denied |
IFP |
circuit-split count-of-conviction criminal-procedure district-court-authority federal-rules-of-criminal-procedure illegal-sentence reallocation reallocation-of-sentences rule-35 scope-of-judicial-power sentencing split-among-circuits |
Whether Federal Rule of Criminal Procedure 35(a) grants a district court authority to reallocate the illegal portion of a term of imprisonment levied … |