felony-classification

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6292 Shannon L. Cotton v. United States Seventh Circuit 2025-01-14 Denied Response WaivedIFP criminal-sentencing fair-sentencing-act felony-classification first-step-act statutory-interpretation supervised-release Whether the plain language of 18 U.S.C. § 3583(e)(3) requires a district court to determine the current classification of a defendant's felony by look…
24-5454 Jesse Alaniz Lopez v. United States Fifth Circuit 2024-09-04 Denied Response WaivedIFP armed-career-criminal felony-classification fifth-amendment sentencing-enhancement substantive-due-process texas-robbery Whether the Court of Appeals and District Court erred in construing a 1987 Texas robbery conviction as a felony for Armed Career sentencing, violating…
23-7173 John Lee Barlow v. United States Ninth Circuit 2024-04-09 Denied Response WaivedIFP categorical-approach criminal-law felony-classification georgia-law mens-rea recklessness sentencing sentencing-guidelines supreme-court Whether the Court of Appeals erred in categorically ruling that Mr. Barlow's two 2013 counts of conviction for Georgia aggravated assault constituted …
22-6992 Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2023-03-10 Denied IFP criminal-procedure due-process felony-classification involuntary-plea parole parole-revocation plea-agreement plea-bargaining prison-sentence rehabilitation sentencing street-time Whether it is legal to start a prison sentence, then stop it and then restart it by adding more time, is it legal to revoke street time on parole when…
22-6468 Herbert Isaac Perkins v. United States Tenth Circuit 2023-01-06 Denied Response WaivedIFP armed-career-criminal-act crime-of-violence criminal-law felony-classification hobbs-act hobbs-act-robbery sentencing sentencing-enhancement statutory-interpretation tenth-circuit Whether Hobbs Act robbery qualifies as a 'crime of violence' under the Armed Career Criminal Act
21-6525 George Patrick v. United States Sixth Circuit 2021-12-06 Denied Response WaivedIFP class-of-felony criminal-procedure error-correction felony-classification judicial-authority revocation-hearing sentencing sentencing-correction statutory-interpretation supervised-release Whether a district court has the authority to correct an error in its original determination of the class of felony at a revocation hearing
18-9135 Joseph Malcomb v. Pennsylvania Pennsylvania 2019-05-03 Denied IFP criminal-procedure criminal-sentencing felony-classification judicial-discretion judicial-review legislative-amendment legislative-changes offense-gravity-score sentence-modification sentencing-reduction statutory-interpretation Was the Petitioner entitled to a sentence Modification / Reduction
18-5839 James Frederick Rebmann v. United States Sixth Circuit 2018-08-30 Denied Response WaivedIFP criminal-law drug-offense drug-offenses federal-sentencing federal-sentencing-guidelines felony-classification plain-reading possession-offenses prior-conviction prior-convictions sentencing-guidelines sixth-circuit statutory-interpretation Whether the plain reading of the Federal Sentencing Guidelines requires that the prior offense be more than simple possession
18-5127 Martinez Orlando Black v. North Carolina North Carolina 2018-07-05 Denied IFP criminal-procedure due-process felony-classification habitual-offender ineffective-assistance-of-counsel juvenile-delinquency prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment Did the failure of defense counsel to object to the increase in Petitioner's sentence into the 'aggravated range' at Felony Class C, by use of a prior…