downward-variance

13 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6824 Hansel Janel Rijo-Guerrero v. United States First Circuit 2025-03-21 Denied Response WaivedIFP criminal-procedure downward-variance drug-trafficking sentencing-disparity sentencing-enhancement ussg-guidelines Whether the district court erred in imposing a two-level sentencing enhancement and denying a downward variance for a defendant convicted of drug traf…
23-5055 Erick De Jesus-Torres v. United States First Circuit 2023-07-07 Denied Response WaivedIFP aiding-and-abetting appellate-review downward-variance gall-v-united-states kimbrough-v-united-states meaningful-explanation policy-considerations sentencing-court sentencing-enhancement sentencing-factors sentencing-guidelines Whether a sentencing court must provide a reasonable explanation, on the record, as to why it is not considering a sentencing factor, particularly an …
22-7138 Muzammil Ali v. United States Eighth Circuit 2023-03-29 Denied Response WaivedIFP criminal-procedure downward-variance due-process fifth-amendment jail-phone-calls motion-for-continuance sentencing sixth-amendment speedy-trial speedy-trial-act Whether the court of appeals erred in affirming that Ali's Fifth and Sixth Amendment rights were not violated under the Speedy Trial Act
22-6210 Aaron Michael Crick v. United States Fourth Circuit 2022-12-02 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing downward-variance fourth-amendment fourth-circuit judicial-discretion motion-denial reversible-error sentencing Whether the Fourth Circuit Court of Appeals erred by denying Mr. Crick's meritorious argument that the district court committed reversible error by de…
21-8092 Nicole R. Bramwell v. United States Eleventh Circuit 2022-06-08 Denied Response WaivedIFP 18-U.S.C.-3553a 18-usc-3553(a) 18-usc-3661 abuse-of-discretion appellate-review below-guideline-sentence collateral-consequences downward-variance sentencing-guidelines sentencing-review When can a court of appeals reverse a below-guideline sentence based on its own view that a different, more severe sentence is appropriate?
21-7269 Joseph Peter Clarke v. United States Eleventh Circuit 2022-03-04 Denied Response WaivedIFP abuse-of-discretion covid-19 criminal-history downward-variance drug-offenses juvenile-offenses sentencing-factors sentencing-guidelines stash-house-robbery Whether the appellate court erred in affirming the district court's abuse of discretion
20-7037 Elias Junior Rodriguez v. United States Fourth Circuit 2021-02-04 Denied Response WaivedIFP 5K1.1-motion appellate-review criminal-procedure criminal-sentencing downward-variance government-motion judicial-discretion sentencing sentencing-guidelines U.S.S.G.-5K1.1 Does a court violate Gall v. United States by failing to adequately explain the basis for a below-guidelines sentence?
20-6724 Kaseem Alexander v. United States Eleventh Circuit 2020-12-30 Denied Response RequestedResponse WaivedRelisted (2)IFP 4th-amendment abuse-of-discretion civil-rights criminal-procedure downward-variance due-process gun-range property-rights search-and-seizure sentencing-guidelines standing target-shooting Whether the government's warrantless search of a person's home and seizure of their property violates the Fourth Amendment's protection against unreas…
20-5533 Gayle McNamara v. United States First Circuit 2020-08-27 Denied Response WaivedIFP appeal appellate-review criminal-history district-court-error downward-variance judicial-discretion offense-level sentencing-guidelines standard-of-review Should the petitioner's appeal be reinstated?
19-7107 Joseph Thor Perkins v. United States Eighth Circuit 2019-12-30 Denied Response WaivedIFP 18-usc-3553a 3553(a)-factors abuse-of-discretion booker-v-united-states criminal-sentencing downward-variance federal-sentencing-procedure gall-v-united-states judicial-discretion sentencing-discretion sentencing-guidelines statutory-interpretation Whether a sentencing court can abuse its discretion by not varying downward further
19-6650 Fidel Rios, Jr. v. United States Eighth Circuit 2019-11-15 Denied Response WaivedIFP 18-usc-3553a 8th-circuit criminal-procedure criminal-sentencing district-court downward-variance guidelines judicial-discretion life-circumstances sentencing sentencing-factors sentencing-guidelines u-s-code Whether the 8th Circuit Court of Appeals and District Court for the Southern District of Iowa failed to adequately consider the sentencing factors set…
18-6732 Myron Gerald Stevens v. United States Eleventh Circuit 2018-11-19 Denied Response WaivedIFP advisory-guidelines criminal-sentencing discretion-to-vary downward-variance judicial-discretion procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness Did the trial court impose a procedurally unreasonable sentence of life imprisonment upon conviction of a first offense, where it applied an incorrect…
18-6007 Valerie Louise Williams v. United States Fourth Circuit 2018-09-17 Denied Response WaivedIFP advisory-guidelines appellate-review criminal-procedure downward-variance federal-sentencing federal-sentencing-guidelines judicial-discretion presumption-of-reasonableness sentencing sentencing-guidelines substantive-reasonableness Whether the Court Should Grant Certiorari to Provide Further Clarification as to the Presumption of Substantive Reasonableness for Downward Variances …