indictment
336 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6758 | Quintin Washington v. Jeff Tanner, Warden | Sixth Circuit | 2026-02-09 | Pending | IFP | constitutional-rights due-process grand-jury indictment judicial-procedure subject-matter-jurisdiction | I. WHEN A COURT LACKS SUBJECT-MATTER JURISDICTION, PROCEEDINGS ARE VOID AB INITIO. ARE THE CONVICTIONS/SENTENCES AGAINST MR. WASHINGTON VOID BECAUSE T… |
| 25-5328 | Ayana Saunders v. United States | Sixth Circuit | 2025-08-12 | Denied | Response WaivedIFP | constructive-amendment indictment sixth-circuit trial-procedure variance venue | Whether the Sixth Circuit Court of Appeals erred in finding that the proof at trial did not result in a Constructive Amendment or Variance from the In… |
| 25-5146 | Ahmad Abouammo v. United States | Ninth Circuit | 2025-07-18 | Pending | Amici (6)Relisted (2)IFP | criminal-procedure federal-rules indictment prosecutorial-discretion statute-of-limitations venue-statute | Whether venue is proper in a district where no offense conduct took place, and whether a criminal information without a waiver of indictment can exten… |
| 24-7349 | Reymundo Arredondo v. United States | Ninth Circuit | 2025-06-03 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split constructive-amendment criminal-procedure essential-elements indictment statutory-interpretation | When a criminal offense can be committed in a variety of ways, does a prosecutor constructively amend an indictment by altering the essential elements… |
| 24-6972 | Michael John Stitts v. Brian Eller, Warden | Sixth Circuit | 2025-04-14 | Denied | Response WaivedIFP | criminal-procedure drug-quantity guidelines-interpretation indictment leadership-role sentencing-enhancement | Whether a federal sentencing enhancement under U.S.S.G. § 3B1.1(a) is permissible when leadership participants are charged in a separate indictment |
| 24-6654 | Willie Alsha Hill v. United States | Ninth Circuit | 2025-02-26 | Denied | Response WaivedIFP | appellate-review criminal-procedure indictment jury-instruction multiple-conspiracies trial-rights | Whether a multiple conspiracies instruction cannot, as a matter of law, be given where a defendant proceeds to trial alone |
| 24-6111 | Junior Standly Martinez-Martinez v. United States | Ninth Circuit | 2024-12-10 | Denied | Response WaivedIFP | criminal-procedure indictment judicial-review legal-error motion-to-dismiss | Whether the denial of Mr. Martinez's motion to dismiss the indictment was erroneous |
| 24-6016 | Santiago Parks Howard-Rios v. United States | Fifth Circuit | 2024-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum | Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a … |
| 24-5962 | Preston M. Young v. Angela Phams, Warden, et al. | Georgia | 2024-11-13 | Denied | IFP | criminal-procedure due-process indictment ineffective-assistance prosecutorial-misconduct sixth-amendment | Does a defense attorney provide effective assistance of counsel as guaranteed under the Sixth Amendment when he fails to challenge an indictment or pr… |
| 24-5862 | Ismael Hernandez-Hernandez v. United States | Fifth Circuit | 2024-10-31 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure indictment jury-trial prior-conviction statutory-maximum | Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and proven to a jury beyond a reasonable doubt |
| 24-5684 | Raunel Garcia-Suarez v. United States | Fifth Circuit | 2024-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial statutory-maximum | Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a … |
| 24-5200 | Victor Tavares v. Rhode Island | Rhode Island | 2024-07-31 | Denied | Response WaivedIFP | constitutional-provisions criminal-procedure double-jeopardy due-process indictment jurisdiction legal-jurisdiction petition sixth-amendment supreme-court writ-of-certiorari | Does the case violate the Sixth Amendment Clause of the U.S. Constitution? |
| 24-5030 | Lani Lucas Limane, aka Lukasz Chad Limane v. United States | Fifth Circuit | 2024-07-09 | Denied | Response WaivedIFP | aggravated-identity-theft criminal-procedure criminal-procedure-error identity-theft indictment indictment-variance plain-error plea-bargaining plea-colloquy predicate-offense rule-11 | Was it plain error for a district court to convict petitioner on his plea of guilty to a crime never charged in the governing indictment? |
| 23-7769 | In Re Johnny Smith | 2024-06-20 | Denied | Relisted (2)IFP | bar-ethics court-rules criminal-procedure due-process indictment judicial-discretion judicial-misconduct legal-procedure prosecutorial-misconduct rule-of-court rules-of-court | Question not identified | |
| 23-7671 | James Chamblin v. Ohio | Ohio | 2024-06-07 | Denied | IFP | amendment constitutional-rights due-process due-process-clause equal-protection fourteenth-amendment indictment indictment-amendment pleading-recasting recasting-of-pleadings state-appellate-court | Does a State Appellate Court violate a Petitioner's right to Due Process under the United States Constitution, when a court recast a litigants pleadin… |
| 23-7478 | Dylan Gregory Kerstetter v. United States | Fifth Circuit | 2024-05-14 | GVR | IFP | armed-career-criminal-act categorical-approach constitutional-indictment criminal-procedure due-process indictment jury-finding jury-trial prior-felony-conviction sentencing-enhancement statutory-interpretation | Whether the Constitution requires an indictment to allege, and a jury to find (or a defendant to admit), the extra facts necessary to impose an ACCA s… |
| 23-7271 | Arthur Lomax v. Colorado | Colorado | 2024-04-19 | Denied | Relisted (2)IFP | 14th-amendment civil-rights constitutional-rights due-process fair-trial felony-prosecution grand-jury indictment preliminary-hearing subject-matter-jurisdiction | Whether a state's 'Bill of Rights' requiring felony prosecution only by indictment is consistent with the state's 'uniformity of laws clause' and the … |
| 23-7146 | Antonio Ochoa-Leyva v. United States | Fifth Circuit | 2024-04-05 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-7143 | Armando Ordonez-Dominguez v. United States | Fifth Circuit | 2024-04-04 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6978 | Jose Salome Gallardo Granados v. United States | Fifth Circuit | 2024-03-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6936 | Jose Eulalio Aguillen-Servin v. United States | Fifth Circuit | 2024-03-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-959 | Colin Montague v. United States | Second Circuit | 2024-03-04 | GVR | Amici (4) | circuit-split controlled-substances criminal-charging criminal-law drug-statute due-process federal-procedure indictment indictment-sufficiency statutory-interpretation | Whether an indictment charging a violation of 21 U.S.C. § 848 is invalid if it fails to set forth facts and circumstances that establish the elements … |
| 23-6870 | Ariel Perez-Lainez v. United States | Fifth Circuit | 2024-02-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6849 | Juan Salazar-Grimaldo v. United States | Fifth Circuit | 2024-02-28 | Denied | Response WaivedIFP | constitutional-procedure criminal-indictment criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6786 | Carl Ray McNeil, Jr. v. United States | Fourth Circuit | 2024-02-21 | GVR | Relisted (2)IFP | armed-career-criminal-act criminal-law criminal-procedure due-process fifth-amendment indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation | Whether the different-occasions element of the Armed Career Criminal Act must be charged in the indictment and either admitted as part of a guilty ple… |
| 23-6768 | Vidal Garza-Morin v. United States | Fifth Circuit | 2024-02-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6663 | Emmanuel Gil v. United States | Fifth Circuit | 2024-02-02 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6556 | Robert Thrasher v. Georgia | Georgia | 2024-01-24 | Denied | Response WaivedIFP | court-procedure due-process grand-jury indictment legal-record statutory-oath subject-matter-jurisdiction void-conviction witness-testimony | Where there is no record of any part of a court proceeding, the grand jury proceedings, this means there was never a grand jury proceeding, correct? |
| 23-6484 | Miguel Angel Sanchez-Delgado v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6488 | Juan Garcia-Bertadillo v. United States | Fifth Circuit | 2024-01-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6433 | Rico Lorodge Brown v. United States | Fourth Circuit | 2024-01-08 | GVR | Relisted (2)IFP | armed-career-criminal-act constitutional-amendment criminal-law criminal-procedure due-process fifth-amendment indictment jury-finding sentencing sixth-amendment statutory-interpretation statutory-penalty | Whether the different-occasions element of the Armed Career Criminal Act must be charged in the indictment and either admitted as part of a guilty ple… |
| 23-6410 | Pedro Pena-Talamantes v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6412 | Jose Eugenio Pavon-Rivera v. United States | Fifth Circuit | 2024-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6402 | Vidal Orellana-Sibrian v. United States | Fifth Circuit | 2024-01-03 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6385 | Alfonso Garcia-Vela v. United States | Fifth Circuit | 2023-12-28 | Denied | Response WaivedIFP | almendarez-torres burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6394 | Andrew Tablack v. United States | Third Circuit | 2023-12-28 | Denied | Response WaivedIFP | 21-usc-841 controlled-substance controlled-substances criminal-law criminal-procedure drug-offense federal-statute indictment indictment-defect scheduling statutory-interpretation | Is there a legal element in 21 U.S.C. 841(a)(1) that requires the CDS named in the indictment to be listed on the Controlled Substance Schedules at th… |
| 23-6360 | In Re Burt Setts | 2023-12-27 | Dismissed | Relisted (2)IFP | 5th-amendment capital-conviction civil-rights constitutional-rights criminal-procedure due-process grand-jury indictment | Whether the petitioner's due process rights were violated by the holding that the petitioner was not entitled to a grand jury indictment | |
| 23-6320 | Santiago Salazar-Ramirez v. United States | Fifth Circuit | 2023-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23A559 | Colin Montague v. United States | Second Circuit | 2023-12-18 | Presumed Complete | continuing-criminal-enterprise criminal-statute fifth-amendment grand-jury indictment predicate-violations | Whether an indictment charging a Continuing Criminal Enterprise (CCE) offense must specify the predicate violations with sufficient factual detail to … | |
| 23-6182 | Joshua Anthony Peterman v. Mississippi | Mississippi | 2023-12-07 | Denied | Response WaivedIFP | appeal criminal-procedure due-process habitual-offender indictment ineffective-assistance judicial-bias jury-indictment prosecutorial-bias sentencing speedy-trial | Whether the trial court erred in amending the indictment, affecting trial and sentencing |
| 23-6176 | Faustino Garcia-Sanchez, aka Miguel Garcia-Sanchez, aka Miguel Zamora-Sanchez v. United States | Fifth Circuit | 2023-12-06 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-556 | Ramey & Schwaller, L.L.P. v. Zions Bancorporation NA, dba Amegy Bank | Fifth Circuit | 2023-11-22 | Denied | Response Waived | arrest criminal-law due-process formal-charge indictment united-states-v-marion | Whether the Fifth Circuit misconstrues Texas criminal law by equating an arrest without indictment as a formal charge for a felony |
| 23-6081 | Jacobo Fuentes-Salgado v. United States | Fifth Circuit | 2023-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6013 | Calvin Cogdill v. United States | Sixth Circuit | 2023-11-15 | GVR | Relisted (2)IFP | armed-career-criminal-act constitutional-procedure criminal-sentencing fifth-amendment indictment jury reasonable-doubt sixth-amendment statutory-interpretation | Whether the Armed Career Criminal Act's 'occasions different' fact must be charged in the indictment and proven to a jury beyond a reasonable doubt |
| 23-5936 | Hector Francisco Santos-Flores v. United States | Fifth Circuit | 2023-11-01 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5896 | Frank Richardson v. United States | Sixth Circuit | 2023-10-27 | Denied | Response WaivedRelisted (3)IFP | §2255-motion 924(c) civil-rights constitutional-rights due-process indictment ineffective-assistance jury-instructions plain-error sentencing sentencing-jurisdiction | Did the courts violate the petitioner's constitutional rights by denying his motion to vacate, set aside, or correct sentence despite errors, governme… |
| 23-5880 | Jose Fernando Martinez-Hernandez v. United States | Fifth Circuit | 2023-10-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5846 | Jong Whan Kim v. United States | Fourth Circuit | 2023-10-20 | Denied | Amici (1)Response WaivedIFP | circuit-split criminal-procedure federal-courts indictment mens-rea plea-hearing rule-11 | Is it error for a district court to rely on a defendant's pre-hearing review of the indictment to inform him of the nature of the offense? |
| 23-5668 | Maurice Bellamy v. United States | District of Columbia | 2023-09-28 | Denied | Response WaivedIFP | appellate-review constitutional-vagueness count-severance criminal-indictment criminal-procedure cruel-and-unusual-punishment double-jeopardy due-process indictment joinder severance trial-court-discretion | Whether the trial court erred when it denied defendant's repeated motions to sever counts in the indictment |
| 23-5608 | George Butler v. Mississippi | Mississippi | 2023-09-19 | Denied | IFP | civil-rights constitutional-violation criminal-procedure due-process habeas-corpus habitual-offender indictment ineffective-assistance-of-counsel ineffective-counsel intervening-decision sentencing-error | Whether the conviction and/or sentence was in violation of the United States Constitution, Mississippi Constitution, and Laws of Mississippi |
| 23-5606 | Samuel Valencia v. United States | Fifth Circuit | 2023-09-18 | GVR | Relisted (3)IFP | alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-interpretation fifth-amendment indictment jury-trial prior-convictions sentencing-enhancement sixth-amendment | Do the Fifth and Sixth Amendments require facts to prove a defendant's prior convictions were for offenses committed on 'occasions different from one … |
| 23-5457 | Deangelus Thomas v. United States | Sixth Circuit | 2023-08-28 | GVR | Relisted (3)IFP | armed-career-criminal-act burden-of-proof constitutional-fact-finding criminal-procedure due-process indictment jury-trial predicate-convictions sentencing sentencing-enhancement statutory-penalty | Whether the district court judge may find the uncharged, non-elemental fact that a person committed three prior offenses 'on occasions different from … |
| 23-5390 | Neeraj Chopra v. United States | Eighth Circuit | 2023-08-18 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure due-process essential-elements indictment indictment-modification jury-instruction jury-instructions sexual-assault sexual-contact statutory-interpretation | Whether a jury instruction constructively amends an indictment by modifying the essential elements of the offense charged |
| 23-5292 | Carlos Arturo Patino Restrepo v. United States | Second Circuit | 2023-08-04 | Denied | Response WaivedIFP | conspiracy constructive-amendment criminal-procedure due-process indictment jury-instructions prosecutorial-discretion | Whether a district court's conspiracy instructions that remove any mention of a specific group from the overall conspiratorial agreement constitute a … |
| 23-5264 | Julio Cesar De La Rosa-De La Cerda v. United States | Fifth Circuit | 2023-08-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5213 | Deangelo Devon Grant v. United States | Sixth Circuit | 2023-07-26 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure due-process indictment indictment-interpretation judicial-discretion methamphetamine methamphetamine-weight sentencing-guidelines | Does utilizing a provision of the United States Sentencing Guidelines for 'actual' weight of methamphetamine, rather than the charged offense of 'mixt… |
| 23-5218 | In Re Jerome Curry | 2023-07-26 | Denied | Relisted (2)IFP | civil-procedure constitutional-rights criminal-procedure due-process indictment material-facts non-response sentencing standing summary-judgment waiver | Does the law require that due to the Respondent's non-response to Summary Judgment and failure to present before the Court a genuine issue of material… | |
| 23-5075 | Derek J. Petty v. United States | Eighth Circuit | 2023-07-11 | Denied | Response WaivedIFP | criminal-law criminal-offense criminal-procedure due-process essential-element federal-felony federal-jurisdiction indictment indictment-defect judicial-review structural-error | Whether the omission of an essential element of a criminal offense from a federal felony indictment constitutes structural error |
| 23-5062 | Alfredo Martinez-Rubio v. United States | Fifth Circuit | 2023-07-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7852 | Juan Victor Quezada-Lara v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7882 | Sergio Delgado-Perez v. United States | Fifth Circuit | 2023-06-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7758 | Steven Keith Hunley v. United States | Sixth Circuit | 2023-06-12 | Denied | Response WaivedIFP | armed-career-criminal-act constitutional-violations criminal-procedure fifth-amendment indictment jury-factfinding lower-courts-error preponderance-of-evidence sixth-amendment | Can a district court judge determine that an individual's prior offenses occurred 'on occasions different' by a preponderance of the evidence or do th… |
| 22-7377 | Jose Isabel Mora-Rodriguez v. United States | Fifth Circuit | 2023-04-26 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7284 | Herbert Bernard Johnson v. United States | Sixth Circuit | 2023-04-14 | Denied | Response WaivedIFP | amendment criminal-law criminal-procedure harmless-error indictment indictment-amendment interstate-commerce statutory-interpretation structural-error | Whether the statutory language of 18 U.S.C. §2252A(a)(5)(B)'s alternative interstate commerce elements constitute separate offenses or alternative mea… |
| 22-7016 | Guadalupe Onate-Herrera v. United States | Fifth Circuit | 2023-03-15 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6983 | Bernardino Berrun-Torres v. United States | Fifth Circuit | 2023-03-10 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6966 | In Re Antwoyn Terrell Spencer | 2023-03-08 | Dismissed | Response WaivedRelisted (2)IFP | appellate-decisis constitutional-rights criminal-procedure due-process due-process-clause final-decisions grand-jury grand-jury-clause indictment jurisdiction statute-of-limitations | Whether the district court erred in refusing to address the merits of the petitioner's motion to dismiss the indictment for lack of jurisdiction | |
| 22-6925 | Gregory Allen Cook v. United States | Sixth Circuit | 2023-03-03 | Denied | Response WaivedIFP | armed-career-criminal-act criminal-procedure due-process indictment jury-factfinding sentencing-enhancement sentencing-enhancements sixth-amendment | Whether the Constitution requires the uncharged, non-elemental fact that a person committed three prior offenses 'on occasions different from one anot… |
| 22-6858 | In Re Zumar H. Dubose | 2023-02-24 | Denied | IFP | constitutional-law criminal-procedure due-process grand-jury indictment jury-selection personal-jurisdiction sixth-amendment subject-matter-jurisdiction trial-rights | Whether the U.S. District Court has personal or subject-matter jurisdiction over an indictment that was not filed in open court or voted on by 10 or m… | |
| 22-6864 | In Re Abdush S. DuBose | 2023-02-24 | Denied | IFP | civil-procedure constitutional-procedure criminal-defendant due-process grand-jury indictment judicial-discretion jurisdiction jury-selection standing trial-rights | Whether the U.S. District Court has personal or subject-matter jurisdiction over an indictment that was not filed in open court or voted on by a grand… | |
| 22-6716 | Conrado Olivo-Duron v. United States | Fifth Circuit | 2023-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6477 | Claudius English, aka Jay Barnes, aka Brent English v. United States | Second Circuit | 2023-01-06 | Denied | Response WaivedIFP | conviction conviction-challenge due-process dunn-v-united-states fifth-amendment indictment indictment-theory interstate-commerce jury kidnapping-statute | Whether the lower courts' affirmance of English's conviction on the basis of a theory not charged in the indictment or argued to the jury and advanced… |
| 22-6382 | James A. Warren v. Florida | Florida | 2022-12-22 | Denied | Relisted (2)IFP | capital-crime capitol-crime constitutional-procedure criminal-prosecution due-process fifth-amendment florida-constitution grand-jury indictment presentment | Does Article I Section 15(a) of the Florida Constitution prohibit any person from being tried for a capitol crime without presentment or indictment by… |
| 22-6372 | Jose Felipe Cardenas-Ramirez v. United States | Fifth Circuit | 2022-12-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6300 | Edman Castro-Salazar v. United States | Fifth Circuit | 2022-12-14 | Denied | Response WaivedIFP | almendarez-torres criminal-procedure due-process indictment recidivism recidivism-enhancement sixth-amendment statutory-interpretation statutory-offense | Whether the government's failure to allege a prior conviction necessary to support a statutory recidivism enhancement violated Mr. Castro's right 'to … |
| 22-6302 | Selvin Omar Canales v. United States | Fifth Circuit | 2022-12-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6267 | Mack Doak v. United States | Eleventh Circuit | 2022-12-08 | Denied | Response WaivedIFP | constitutional-interpretation criminal-law criminal-statute due-process federal-jurisdiction indictment indictment-requirements interstate-commerce interstate-travel sexual-offense statutory-interpretation | What connection must exist between the defendant's travel and the unlawful sexual act or sexual activity to support the exercise of federal jurisdicti… |
| 22-6227 | Peter Corines v. New York | New York | 2022-12-06 | Denied | Response WaivedRelisted (2)IFP | constitutional-amendments due-process equal-protection false-testimony indictment ineffective-assistance-of-counsel plea-bargain state-action | Was Petitioner denied due process and equal protection |
| 22-6228 | Giovanny Sanchez-Juarez v. United States | Fifth Circuit | 2022-12-06 | Denied | Response WaivedIFP | apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum | Whether Almendarez-Torres v. United States was wrongly decided |
| 22-6201 | In Re Arthur James Lomax | 2022-12-01 | Denied | IFP | 14th-amendment bill-of-rights civil-rights due-process federalism grand-jury indictment state-constitution statutory-interpretation subject-matter-jurisdiction uniformity-of-laws | Whether the Colorado Constitution's requirement that all laws be enacted by the General Assembly is satisfied by the omission of the enacting clause f… | |
| 22-5977 | Bonerge Benitez-Marquez v. United States | Fifth Circuit | 2022-11-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5921 | Antwoyn Terrell Spencer v. United States District Court for the District of Minnesota | Eighth Circuit | 2022-10-26 | Dismissed | Response WaivedIFP | civil-rights criminal-procedure criminal-proceeding due-process grand-jury indictment mandamus personal-jurisdiction standing subject-matter-jurisdiction | Whether the district court lacked subject-matter and personal jurisdiction in the petitioner's criminal proceedings |
| 22-5810 | Martin Perez-Barrios v. United States | Fifth Circuit | 2022-10-12 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5785 | Robert Alan Fratta v. Texas | Texas | 2022-10-07 | Denied | IFP | attorney-neglect constitutional-compliance criminal-procedure grand-jury habeas-corpus indictment pro-se state-courts state-procedure supreme-court-precedent | Whether state courts are required to accept and rule on the merits of claims presented in writs of habeas corpus by prisoners who dismiss their attorn… |
| 22-5759 | Andrew Robertson v. Massachusetts | Massachusetts | 2022-10-04 | Denied | IFP | criminal-procedure due-process evidence indictment judicial-discretion prosecutorial-misconduct | Whether the judge abused his discretion in denying the defendant's motion to dismiss the indictment due to prosecutorial misconduct |
| 22-5575 | Ronald Mickel v. United States | Sixth Circuit | 2022-09-14 | Denied | Response WaivedIFP | criminal-procedure domestic-violence due-process indictment sentencing sentencing-enhancement statutory-maximum statutory-minimum violent-felony | Whether facts increasing statutory maximum must be pleaded and proven |
| 22-5337 | Carlos Vazquez-Tellez v. United States | Fifth Circuit | 2022-08-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5328 | Justin Michael Tyson v. North Carolina | North Carolina | 2022-08-10 | Denied | Relisted (2)IFP | criminal-procedure due-process indictment jurisdiction standing statutory-interpretation | Whether the indictment for File No. 18 CRS 55155 is fatally defective |
| 22-5104 | Nakia Adams v. United States | Third Circuit | 2022-07-14 | Denied | Response WaivedIFP | burden-of-proof criminal-indictment criminal-procedure due-process felon-in-possession indictment speedy-trial third-circuit | Did the Third Circuit err by not dismissing Mr. Adams' indictment on speedy-trial-grounds and/or the Government's failure to prove that he is a felon-… |
| 22-5053 | Jesus Perez-Solis v. United States | Fifth Circuit | 2022-07-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-17 | Vaxima, Inc., et al. v. United States | Fourth Circuit | 2022-07-06 | Denied | Response Waived | 28-usc-2461 breach-of-contract criminal-conviction criminal-forfeiture honeycutt-decision honeycutt-v-united-states indictment statutory-interpretation | Whether a criminal forfeiture judgment against Petitioners is permitted under Honeycutt |
| 22-5040 | Priscilla Ann Ellis v. United States District Court for the District of Columbia | District of Columbia | 2022-07-06 | Dismissed | Response WaivedRelisted (2)IFP | article-iii constitutional-rights criminal-charges criminal-procedure due-process extradition indictment right-to-counsel sixth-amendment | Right-to-counsel |
| 21-8268 | Roger Acosta v. United States | Ninth Circuit | 2022-06-29 | Denied | Response WaivedIFP | circuit-split criminal-law criminal-procedure federal-jurisdiction federal-prosecution indictment indictment-defect mens-rea rehaif-standard structural-error | Whether a federal prosecution is structural error when a grand jury indicts a defendant for conduct that is not a federal offense? |
| 21-8271 | Raul Garcia-Salazar v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8276 | Isidoro Reyes-Lopez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8281 | Jose Carreon-Gonzalez v. United States | Fifth Circuit | 2022-06-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8231 | Fidel Torres-Villanueva v. United States | Fifth Circuit | 2022-06-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8226 | Eric C. Sutherland v. United States | Sixth Circuit | 2022-06-23 | Denied | Response WaivedIFP | aedpa-statute-of-limitations constitutional-claim habeas-corpus indictment indictment-sufficiency jurisdictional-challenge new-evidence procedural-default schlup-standard schlup-v-delo subject-matter-jurisdiction | If an indictment omits an essential element and a prisoner files a §2255 after AEDPA's one-year statute of limitations has passed, in asserting his in… |
| 21-8182 | Reuben Conway v. United States | Ninth Circuit | 2022-06-17 | Denied | Response WaivedIFP | circuit-split criminal-procedure federal-courts federal-jurisdiction indictment indictment-defect jurisdiction mens-rea rehaif-v-united-states statutory-interpretation | Whether an indictment's failure to charge the essential mens rea element renders federal courts without jurisdiction |
| 21-7998 | Lamar Daniel Ron Wilson v. Dexter Payne, Director, Arkansas Division of Correction | Eighth Circuit | 2022-05-27 | Denied | Response WaivedRelisted (2)IFP | charging-instrument constitutional-violation criminal-procedure double-jeopardy due-process felony-information indictment ineffective-counsel plea-agreement | Plea-agreement-as-sole-evidence-for-conviction |
| 21-7858 | Larry Lewis v. Mississippi | Fifth Circuit | 2022-05-12 | Denied | Response WaivedRelisted (2)IFP | 14th-amendment 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process evidence-sufficiency grand-jury indictment ineffective-assistance-of-counsel jury-instructions | Whether the indictment was defective in count 1 and 2 under state law, whether the indictment failed to specify the date and place of the alleged crim… |
| 21-7832 | Daniel Casamayor v. United States | Eleventh Circuit | 2022-05-10 | Denied | Response WaivedIFP | criminal-indictment criminal-law due-process felon-in-possession firearm-statute indictment knowledge-element rehaif-v-united-states statutory-interpretation supreme-court-precedent | Should a writ of certiorari be granted to determine if Casamayor's indictment for being a felon in possession of a firearm is valid in light of Rehaif… |
| 21-7763 | Randolph Ashford v. South Carolina | South Carolina | 2022-05-03 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment amendment-rights constitutional-rights court-jurisdiction criminal-procedure due-process indictment indictment-procedure subject-matter-jurisdiction | Was Petitioner's 5th, 6th, and 14th, Amendment Rights of the U.S. Constitution, Due Process Rights violated |
| 21-7624 | Wilfredo Lee Lopez v. United States | Ninth Circuit | 2022-04-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | circuit-split constructive-amendment criminal-enticement criminal-law due-process fifth-amendment indictment predicate-offense statutory-interpretation | Does 18 U.S.C. § 2422(b) require proof of a specific predicate offense? |
| 21-7549 | Ernesto Palacios-Martinez v. United States | Fifth Circuit | 2022-04-05 | Denied | Response WaivedIFP | apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum | Whether Almendarez-Torres v. United States was wrongly decided |
| 21-7522 | Jerry Wayne Phillips v. Martin Frink, Warden | Sixth Circuit | 2022-04-01 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process ex-post-facto grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-selection sexual-battery standard-of-review | Can convictions of aggravated-sexual-battery be sustained when the state-failed-to-prove-elements |
| 21-7448 | Edgar Garza-Limones v. United States | Fifth Circuit | 2022-03-23 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7404 | Jose Antonio Barahona-Paz v. United States | Fifth Circuit | 2022-03-17 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7352 | Pedro Intzin-Guzman v. United States | Fifth Circuit | 2022-03-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7293 | Jose Rodriguez-Vasquez v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7295 | Miguel Lerma-Reyes v. United States | Fifth Circuit | 2022-03-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7191 | Rosa Leija-Peralta v. United States | Fifth Circuit | 2022-02-24 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7170 | Deborah Bowers and Steve S. Jabar, aka Steve Shariff, aka Satar Jabar, aka Kamal Jabar, aka Kamal Jamel v. United States | Second Circuit | 2022-02-22 | Denied | Response WaivedIFP | 18-usc-1001 appeal appellate-review criminal-procedure false-statements fraud fraud-theory indictment materiality materiality-standard prosecutorial-discretion statutory-interpretation | May a court of appeals reinstate a verdict on a theory of fraud that was not pled in the indictment, not sought to be proven or argued at the trial, n… |
| 21-7084 | Dwight David Jordan v. Florida | Florida | 2022-02-09 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure due-process indictment jury-instructions legal-precedent lesser-included-offense principal-liability waiver | Whether the court can depart from clearly established law on case by case basis? |
| 21-1082 | Tarresse Leonard v. United States | Eleventh Circuit | 2022-02-04 | Denied | criminal-procedure essential-element harmless-error indictment judicial-review motion-to-dismiss structural-error | Whether the erroneous denial of a timely raised motion to dismiss an indictment omitting an essential element is structural error requiring dismissal … | |
| 21-7006 | Juan Jaime-Guzman v. United States | Fifth Circuit | 2022-01-28 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment | Whether a court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the Sixth Amendm… |
| 21-6948 | Robert Earl Ramseur v. United States | Fifth Circuit | 2022-01-25 | Denied | Response WaivedIFP | 8th-amendment criminal-procedure double-jeopardy due-process grand-jury indictment prosecutorial-vindictiveness self-surrender sentencing superseding-indictment | Is it prosecutorial vindictiveness to have a superseding indictment after completion of the trial proceedings and sentencing-without resubmission to t… |
| 21-6944 | Juan Coreno-Garay v. United States | Fifth Circuit | 2022-01-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6910 | Juan Manuel Cruzado-Laureano v. W. Stephen Muldrow | First Circuit | 2022-01-20 | Denied | Response WaivedRelisted (2)IFP | abuse-of-discretion attorney-for-government attorney-for-the-government criminal-procedure federal-criminal-procedure grand-jury grand-jury-procedure indictment indictment-validity judicial-discretion mandamus mandamus-petition | Questions Presented for Court Review |
| 21-6746 | Adan Ramirez-Rubio v. United States | Fifth Circuit | 2021-12-29 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6718 | Gregory Chester and William Ford v. United States | Seventh Circuit | 2021-12-23 | Denied | Response WaivedIFP | apprendi apprendi-doctrine conspiracy-sentencing criminal-procedure grand-jury indictment presentment-clause sentencing statutory-sentencing superseding-indictment | Whether the Presentment Clause requires grand jury special findings to justify increased statutory sentencing range |
| 21-6631 | Jorge Ivan Vazquez-Medrano v. United States | Fifth Circuit | 2021-12-15 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-851 | Richa Narang v. United States | Fourth Circuit | 2021-12-08 | Denied | burden-of-proof criminal-procedure due-process grand-jury indictment jurisdiction mens-rea reinstatement statute | Whether a district court has jurisdiction to try a defendant upon a finally dismissed indictment | |
| 21-6489 | Edward F. Swanson v. Texas | Texas | 2021-12-02 | Denied | IFP | constitutional-challenge criminal-procedure double-jeopardy due-process indictment judicial-discretion jury-trial preponderance-standard sentencing statutory-scheme | Does the trial judge have the authority to make the charge a first degree felony? |
| 21-6434 | Robert Alan Fratta v. Texas | Texas | 2021-11-29 | Denied | IFP | aiding-and-abetting constitutional-violation criminal-procedure due-process habeas-corpus indictment jury-charge jury-instructions law-of-parties | Can a law of parties (or aiding and abetting) be added to a jury charge when a person is indicted as the only actor to commit an offense? |
| 21-6356 | Felipe Nieves-Perez v. Texas | Texas | 2021-11-19 | Denied | IFP | constitutional-rights criminal-procedure due-process eighth-amendment indictment life-sentence motion-to-quash right-to-due-process trial-court | Did the trial court violate Mr. Nieves-Perez's right to due process by denying his motion to quash the indictment? |
| 21-6321 | Fernando Rodriguez-Macedo v. United States | Fifth Circuit | 2021-11-18 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6322 | Gustavo Trejo-Ramos v. United States | Fifth Circuit | 2021-11-17 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6250 | Joel Rivera-Alejandro v. United States | First Circuit | 2021-11-12 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights due-process excessive-delay fifth-amendment indictment multi-defendant sixth-amendment speedy-trial trial-delay | Whether Petitioners Constitutional Fifth Amendment's Right to Due Process of Law and his Sixth Amendment Right to a Speedy Trial were violated |
| 21-6255 | Ofelio Arvizu-Loredo v. United States | Fifth Circuit | 2021-11-12 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6142 | John Gregory Alexander Herrin v. United States | Ninth Circuit | 2021-11-03 | Denied | Response WaivedIFP | bank-theft criminal-procedure double-jeopardy due-process federal-indictment indictment interstate-transportation jurisdiction money-laundering statute-of-limitations | Whether the government was entitled to establish petitioner's guilt at trial for federal offenses it did indict by trial proof on a federal offense it… |
| 21-6137 | Vassily Anthony Thompson v. United States | Ninth Circuit | 2021-11-01 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process fifth-amendment grand-jury indictment sentencing | Does it offend the Fifth Amendment right to a grand jury for a court to ignore legally relevant elements of an offense charged by a grand jury in an i… |
| 21-5997 | Jeremiah Ybarra v. United States | Fifth Circuit | 2021-10-19 | Denied | Response WaivedIFP | criminal-procedure drug-statute due-process effective-counsel fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct sixth-amendment | Whether appellant was denied his Fifth Amendment right to a grand jury presentment or indictment |
| 21-6004 | Olufolajimi Abegunde v. United States | Sixth Circuit | 2021-10-19 | Denied | Response WaivedIFP | circuit-split conspiracy-charges criminal-procedure due-process federal-rules-of-criminal-procedure indictment indictment-allegations rule-8-joinder venue venue-impropriety | Should the propriety of joinder under Rule 8 be judged strictly by the allegations on the indictment or should factors beyond the indictment be consid… |
| 21-5858 | Enrique E. Quintana v. United States | Fifth Circuit | 2021-10-04 | Denied | Response WaivedIFP | actual-innocence collateral-attack commerce-clause constitutional-challenge criminal-procedure indictment indictment-deficiency plea-agreement waiver | actual-innocence,plea-agreement,waiver,indictment,collateral-attack,commerce-clause,gonzales-v-raich |
| 21-5868 | Ryan Russell Parks, aka Dinero v. United States | Fourth Circuit | 2021-10-04 | Denied | Response WaivedIFP | amendment constitutional-rights constructive-amendment criminal-procedure due-process fair-trial indictment ineffective-assistance post-conviction-relief variance | As the amended charge of 'SQ' (33) a constructive amendment? |
| 21-5574 | Walter Manuel Marques-Mejia v. United States | Fifth Circuit | 2021-09-03 | Denied | Response WaivedIFP | Almendarez-Torres burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5543 | Louis Matthews v. United States | Ninth Circuit | 2021-08-31 | Denied | Response WaivedIFP | appeal appellate-review circuit-court-conflict conspiracy conspiracy-charge federal-law indictment judgment-acquittal ninth-circuit plain-error | Did the Ninth Circuit err in upholding a conviction for a conspiracy other than the conspiracy charged in the indictment? |
| 21-243 | James Warner v. United States | Sixth Circuit | 2021-08-18 | Denied | bribery-statute constructive-amendment criminal-procedure indictment indictment-modification jury-instruction jury-instructions plain-error substantial-rights | Whether the constructive amendment of an indictment by an erroneous jury instruction, stating that conspiracy counts alleged agreements to violate a d… | |
| 21-5358 | Leonel Rodriguez-Caraveo v. United States | Fifth Circuit | 2021-08-12 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5286 | Gerald M. Calmese v. Arizona | Arizona | 2021-08-04 | Denied | IFP | conviction criminal-indictment double-jeopardy due-process essential-elements fraudulent-schemes indictment legal-sufficiency multiplicity sentencing-error | Is there legally sufficient evidence to establish beyond a reasonable doubt the required element for fraudulent schemes for which the petitioner was c… |
| 21-5240 | Carlos Elias Cruz-Bermudez v. United States | Ninth Circuit | 2021-07-28 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5106 | Logan Viquesney v. United States | Tenth Circuit | 2021-07-14 | Denied | Response WaivedIFP | conviction criminal-procedure due-process indictment jury-instructions legal-sufficiency notice state-offense sufficiency-of-evidence | Whether the Court can sustain a conviction when a required element of the state offense is not charged in the indictment |
| 20-1819 | Lawrence B. Hughes v. Georgia | Georgia | 2021-06-30 | Denied | 14th-amendment criminal-procedure due-process indictment indictment-clarity jury-charge jury-instructions prosecutorial-misconduct self-defense standard-of-review | Is it a requirement for an indictment to be clear and precise? | |
| 20-8384 | Pedro Rodriguez-Calderon v. United States | Fifth Circuit | 2021-06-22 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-8344 | Harry Sharod James v. Tom Brickhouse, et al. | Fourth Circuit | 2021-06-17 | Denied | IFP | criminal-procedure due-process equal-protection evidence-admissibility ex-post-facto grand-jury impartial-jury indictment judicial-discretion trial-rights | Does the Due Process Clause require any charging element being in the indictment and presented to a Grand Jury? |
| 20-8279 | Kirk Cottom v. United States | Eighth Circuit | 2021-06-11 | Denied | Response WaivedIFP | brady-violation computer-logs due-process expert-evidence fabrication falsification indictment ineffective-assistance perjured-testimony perjury | Is it a due process violation for the government to obtain an indictment based on perjured testimony about fabricated and falsified computer logs? |
| 20-8290 | Anthony Leon Waits v. United States | Eighth Circuit | 2021-06-11 | Denied | Response WaivedIFP | circuit-split criminal-procedure district-court federal-court federal-rule forfeiture forfeiture-judgment indictment indictment-notice statutory-basis | Does Federal Rule of Criminal Procedure 32.2(a) prohibit a district court from entering a forfeiture judgment when the indictment does not give notice… |
| 20-1671 | Chi Ping Patrick Ho v. United States | Second Circuit | 2021-06-02 | Denied | Response Waived | criminal-procedure federal-courts foreign-corrupt-practices-act indictment money-laundering prosecution-exemption reference-canon statutory-interpretation | Whether a federal court may decline to apply the reference canon to the money laundering statute, 18 U.S.C. § 1956, which makes specific reference to … |
| 20-8152 | Miguel Martinez-Figueroa v. United States | Fifth Circuit | 2021-05-27 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-8067 | In Re Jeremiah Ybarra | 2021-05-18 | Denied | IFP | constitutional-rights conviction due-process fifth-amendment grand-jury indictment jurisdiction prosecutorial-misconduct | Is an American citizen's Fifth Amendment violated when his case is not presented to a grand jury to gain an indictment on the alleged offense? | |
| 20-8013 | Jesus Manuel Anchondo-Quezada v. United States | Fifth Circuit | 2021-05-13 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-convictions sentencing | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-1514 | Robert John Dodd v. Harold W. Clarke, Director, Virginia Department of Corrections | Virginia | 2021-04-28 | Denied | child-sexual-abuse criminal-indictment criminal-procedure double-jeopardy due-process indictment ineffective-assistance ineffective-assistance-of-counsel legal-proceeding statute-of-limitations trial-counsel | Whether trial counsel was ineffective for failing to object on Double Jeopardy grounds to nine identical carbon copy indictments | |
| 20-7838 | Edward M. Vargas, Sr. v. Craig Koenig, Warden | Ninth Circuit | 2021-04-23 | Denied | Response WaivedIFP | conspiracy conspiracy-charge criminal-indictment criminal-procedure due-process fair-notice indictment jury-conviction jury-instructions ninth-circuit | Whether the Ninth Circuit misapplied this Court's precedents in ruling that Petitioner was not denied fair notice of the charges against him despite t… |
| 20-7820 | Michael J. Little v. United States | Second Circuit | 2021-04-22 | Denied | IFP | constructive-amendment criminal-intent criminal-procedure due-process foreign-accounts green-card-holder indictment second-circuit stirone-v-united-states tax-reporting willful-violation | Whether the indictment was constructively amended to add additional undeclared 'overseas' accounts |
| 20-7800 | Jacqueline Moore v. United States | Ninth Circuit | 2021-04-19 | Denied | IFP | appellate-review criminal-procedure fairness-standard federal-criminal-law indictment mens-rea plain-error-review rehaif-v-united-states supreme-court-decision trial-record | Whether an appellate court may consider information outside the trial record to determine if a Rehaif error affected the fairness, integrity, or publi… |
| 20-1460 | Rolando Cruz, Jr. v. United States | Third Circuit | 2021-04-16 | Dismissed | Response Waived | appellate-review conspiracy criminal-procedure evidence evidence-standard indictment indictment-variance rico-conspiracy third-circuit united-states-v-rowe | Whether the Third Circuit erred in affirming RICO conspiracy convictions based on evidence of a different conspiracy than was charged |
| 20-7793 | Edgar Ivan Lira Estrada v. United States | Fifth Circuit | 2021-04-16 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7604 | Christopher Johnson v. United States | Ninth Circuit | 2021-03-31 | Denied | IFP | appellate-review criminal-procedure due-process guilty-plea indictment mens-rea plain-error rehaif | Whether the appellate court may assume the indictment alleges a federal offense and consider material outside the trial record to adjudicate the defen… |
| 20-7591 | Herminio Perales-Perez v. United States | Fifth Circuit | 2021-03-29 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7486 | Carlos Guzman-Merced v. United States | First Circuit | 2021-03-18 | Denied | Response WaivedIFP | 28-usc-2106 appellate-remedy appellate-review criminal-procedure indictment indictment-dismissal judicial-discretion plain-error plain-error-review remedial-authority statutory-interpretation | Whether a Court of Appeals can order an indictment dismissed as part of the appellate remedy |
| 20-7456 | Rafael Ayala-Solorio v. United States | Fifth Circuit | 2021-03-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7232 | Raul Almanza-Portillo v. United States | Fifth Circuit | 2021-02-24 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7220 | Antonio Diaz-Agurcia v. United States | Fifth Circuit | 2021-02-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7064 | Justin Lee Perry v. North Carolina | North Carolina | 2021-02-05 | Denied | Response WaivedIFP | constitutional-amendment due-process felony felony-charge fourteenth-amendment grand-jury indictment sixth-amendment trial-modification | Does the N.C. Supreme Court decision conflict with Plye# v. Doe, Ex-Parte Bain v. U.S., U.S. v. Gaudin and the fifth, sixth, and fourteenth amendment … |
| 20-6951 | Julio Torres Palomo v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-01-26 | Denied | IFP | criminal-procedure due-process evidence-sufficiency expert-testimony hearsay hearsay-objection indictment indictment-insufficiency jury-instructions sexual-abuse sufficiency-of-evidence | Question not identified |
| 20-6884 | Luis Alberto Andrade-Salas v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6815 | Robert Munoz v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2021-01-08 | Denied | Response WaivedIFP | constitutional-due-process double-jeopardy due-process false-testimony fourteenth-amendment indictment jury-instructions prosecutorial-misconduct statute-of-limitations | Is it written in the U.S. Constitution that a person may be indicted, reindicted 3-times with same cause number: broaden, abandon, and bring abandoned… |
| 20-6713 | Danielle Devona Jones v. United States | Fourth Circuit | 2020-12-29 | Denied | Response WaivedIFP | circuit-split criminal-law drug-trafficking due-process fifth-amendment firearm-offense grand-jury-indictment indictment section-924c statutory-interpretation | Whether Section 924(c) criminalizes two separate offenses - 'carry or use' and 'possession in furtherance of' - and whether both elements must be expl… |
| 20-6690 | Randolph Burleson v. United States | Ninth Circuit | 2020-12-22 | Denied | Relisted (2)IFP | constitutional-rights criminal-indictment criminal-law federal-jurisdiction fifth-amendment indictment jurisdiction mens-rea sixth-amendment | Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea element of the offense |
| 20-6601 | Savannah Sifuentes v. United States | Fifth Circuit | 2020-12-10 | Denied | Relisted (2)IFP | appellate-review criminal-procedure elements-of-offense essential-element forfeiture guilty-plea indictment indictment-challenge statutory-interpretation waiver | Whether a defendant who unsuccessfully moves to dismiss an indictment for failure to allege an essential element of the crime waives or forfeits the a… |
| 20-6583 | Edgar Espinoza v. United States | Ninth Circuit | 2020-12-09 | Denied | Relisted (2)IFP | constitutional-defect criminal-indictment criminal-procedure federal-jurisdiction fifth-amendment guilty-plea indictment jurisdiction mens-rea sixth-amendment | Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential mens rea element of the offense |
| 20-6559 | Jesus Villarreal-Ramirez v. United States | Fifth Circuit | 2020-12-08 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6458 | Clayton Lee Waagner v. United States | Seventh Circuit | 2020-11-25 | Denied | Response WaivedIFP | acca armed-career-criminal-act burglary-definition collateral-estoppel indictment indictment-statute ohio-aggravated-burglary predicate-offense statute-of-conviction statutory-interpretation | Whether the statute of conviction must be used for an ACCA predicate offense, or can the district court use the statute listed on the indictment inste… |
| 20-6408 | Jose Hilario Fernandez-Vargas v. United States | Fifth Circuit | 2020-11-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6381 | Domenico Anastasio v. United States | Second Circuit | 2020-11-19 | Denied | Response WaivedIFP | appellate-review criminal-conviction criminal-procedure district-court indictment rico-conspiracy second-circuit standard-of-review sufficiency-of-evidence | Whether the United States Court of Appeals for the Second Circuit erred by affirming the judgment of conviction and sentence pronounced by the United … |
| 20-6389 | Tomas Martinez-Rodriguez v. United States | Fifth Circuit | 2020-11-19 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6197 | Gregory C. Raymore v. United States | Sixth Circuit | 2020-11-03 | Denied | Relisted (2)IFP | criminal-law due-process firearms indictment jury-instructions mens-rea | Whether Petitioner's conviction must be vacated due to Rehaif violation |
| 20-6109 | Rashawn D. Watson v. United States | Sixth Circuit | 2020-10-22 | Denied | Relisted (3)IFP | criminal-law criminal-procedure due-process firearm-possession guilty-plea indictment indictment-sufficiency knowledge-element mens-rea plea-bargaining rehaif-decision rehaif-v-united-states | Whether the decision in Rehaif v. United States, 139 S. Ct. 2191 (2019) requires that Petitioner's guilty plea and conviction be vacated |
| 20-6088 | Miguel Angel Baez-Castillo v. United States | Fifth Circuit | 2020-10-20 | Denied | Response WaivedIFP | almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment | Whether a court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the Sixth Amendm… |
| 20-6007 | William Harold Wright, Jr. v. United States | Eleventh Circuit | 2020-10-14 | Denied | Response WaivedRelisted (2)IFP | constitutional-challenge criminal-indictment criminal-procedure due-process indictment judicial-review prosecutorial-discretion statutory-interpretation sufficiency-of-evidence venue | Did the District Court err in denying the defendant's motion to dismiss the indictment? |
| 20-5994 | Mongkhon Leekomon v. Georgia | Georgia | 2020-10-13 | Denied | Response WaivedIFP | criminal-law criminal-procedure georgia-court-of-appeals indictment legal-procedure statute-of-limitation statute-of-limitations statutory-interpretation tolling tolling-exception | Whether the Georgia Court of Appeals erred in concluding that the indictment alleged a statutory tolling exception to extend the seven-year statute of… |
| 20-5949 | Timmy Scott v. United States | Fifth Circuit | 2020-10-08 | Denied | Relisted (4)IFP | criminal-indictment criminal-law felon-in-possession firearms-possession indictment jury-instructions mens-rea prohibited-status rehaif rehaif-challenge | Whether Rehaif's mens rea requirement is limited to whether or not the defendant knew he was a convicted felon alone, or whether it requires him to kn… |
| 20-5872 | Jesus Sanchez-Chacon v. United States | Fifth Circuit | 2020-10-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5882 | Omero Nino-Guerrero v. United States | Fifth Circuit | 2020-10-01 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5844 | Horacio Santamaria, Jr. v. United States | Fifth Circuit | 2020-09-30 | Denied | Response WaivedIFP | constitutional-error constitutional-rights due-process grand-jury indictment ineffective-assistance ineffective-assistance-of-counsel jury-instructions prejudice prosecutorial-misconduct | Whether the government's unavailing defense of the indefensible with respect to the indictment, inadequate jury instructions, prosecutorial misconduct… |
| 20-338 | Johnny Clyde Benjamin, Jr. v. United States | Eleventh Circuit | 2020-09-15 | Denied | Response Waived | 11th-circuit controlled-substances-act criminal-indictment federal-district-court furanyl-fentanyl indictment jurisdictional-defect statutory-interpretation subject-matter-jurisdiction | Did the district court have subject matter jurisdiction over this case? |
| 20-5709 | Rickey Cole v. United States | Fifth Circuit | 2020-09-15 | Denied | Response WaivedIFP | and proven to a jury beyond a reasonable doubt? placed in the indictment burden-of-proof constitutional-law criminal-procedure due-process federal-sentencing grand-jury indictment jury-trial sentencing sentencing-guidelines | Whether facts that affect the minimum or maximum reasonable federal sentence must be found by a grand jury, placed in the indictment, and proven to a … |
| 20-5710 | Jaime E. Coca-Ortiz v. United States | Fifth Circuit | 2020-09-15 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5691 | In Re Freeman Berry | 2020-09-14 | Denied | IFP | constitutional-violation criminal-procedure due-process guilty-plea indictment jurisdiction jurisdictional-authority plea-agreement | Does the United States Government retain the inherent right to bind this Petitioner and other Defendants to a guilty plea contract it drafted containi… | |
| 20-5653 | Hermenegildo Margarito Espinoza Espinoza v. United States | Fifth Circuit | 2020-09-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5329 | Douglas Dean Scyphers v. Washington | Ninth Circuit | 2020-08-12 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-interpretation due-process equal-protection grand-jury indictment indictment-procedure statutory-conflict vagueness | Question not identified |
| 20-5287 | In Re Eddie Allen Jackson | 2020-08-06 | Denied | IFP | constructive-amendment criminal-procedure due-process fifth-amendment grand-jury indictment indictment-modification judicial-error | Whether the district court constructively amended the indictment in petitioner's case and if so does it rise to a Fifth Amendment violation? | |
| 20-5226 | Jose Flores-Dominguez v. United States | Fifth Circuit | 2020-07-30 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5161 | Roberto Gonzalez-Gatica v. United States | Fifth Circuit | 2020-07-27 | Denied | Response WaivedIFP | constitutional-procedure criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5184 | Richard Brian Williams v. United States | Fifth Circuit | 2020-07-27 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 18-usc-924 armed-career-criminal-act criminal-charging criminal-procedure indictment indictment-error prior-convictions sentencing sentencing-provision statutory-interpretation | Whether sentencing Mr. Williams under the ACCA was error |
| 19-8825 | Edgardo Navarro v. United States | Fifth Circuit | 2020-06-26 | Denied | Response WaivedIFP | almendarez-torres apprendi criminal-procedure indictment notice-clause prior-conviction sentencing-enhancement sixth-amendment | Whether a sentencing court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the S… |
| 19-8791 | Jose Angel Vasquez-Soto v. United States | Fifth Circuit | 2020-06-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-8723 | Shane P. Irish v. Ohio | Ohio | 2020-06-17 | Denied | IFP | constitutional-rights criminal-procedure due-process incarceration indictment sixth-amendment speedy-trial waiver | Whether the speedy trial guarantee of the Sixth Amendment to the U.S. Constitution applies to an accused serving a prison sentence on a prior offense? |
| 19-8561 | Jesus Julian Corona-Perez v. United States | Fifth Circuit | 2020-05-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | crime-of-violence criminal-procedure indictment jury-determination jury-trial prior-conviction sentencing sentencing-guidelines statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-8331 | Jose A. Rodriguez v. Thomas Griffin, Superintendent, Green Haven Correctional Facility | Second Circuit | 2020-04-22 | Denied | IFP | constitutional-error constructive-amendment criminal-procedure due-process felony-offense grand-jury indictment ineffective-assistance penal-law right-to-counsel | Whether the State Court constructively amended the indictment |
| 19-8051 | Jack Benjamin Hessiani v. United States | Ninth Circuit | 2020-03-20 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-amendment grand-jury indictment indictment-defect jurisdictional-challenge mens-rea sixth-amendment | Whether federal courts have jurisdiction over a criminal matter when the charging document omits an essential element of the offense |
| 19-7864 | Derek Crosby v. Illinois | Illinois | 2020-03-03 | Denied | IFP | constitutional-challenge criminal-procedure criminal-sentencing due-process indictment jury jury-determination legislative-power sentencing separation-of-powers statutory-maximum | Whether The Legislature Can Remove The Facts From The Jury That Increase The Statutory Maximum? |
| 19-7833 | Inocente Rodriguez-Juarez v. United States | Fifth Circuit | 2020-03-02 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7779 | Freddy Garcia v. Texas | Texas | 2020-02-26 | Denied | IFP | constitutional-error criminal-procedure due-process due-process,criminal-procedure,constitutional-erro harmless-error indictment indictment-variance jury-conviction jury-trial standard-of-review | When a defendant is convicted of an offense for which he was not indicted, and has preserved the issues of constitutional error, what factors should a… |
| 19-7705 | Michael Roman Burghardt v. United States | First Circuit | 2020-02-19 | Denied | Response WaivedIFP | circuit-split criminal-defendant criminal-procedure-waiver direct-appeal element-of-offense elements-of-offense indictment plain-error-review plea-colloquy rehaif-v-united-states sentencing-enhancement supreme-court-precedent waiver | Whether a criminal defendant has waived a claim that the indictment failed to charge an element of the offense |
| 19-7711 | John Patrick Vescuso v. United States | Ninth Circuit | 2020-02-19 | Denied | Response WaivedIFP | aggravating-factor apprendi apprendi-error circuit-split criminal-procedure indictment prejudice sentencing | Whether a sentence greater than the maximum authorized by the charge in the indictment requires reversal without regard to the trial evidence |
| 19-7653 | Roosevelt Bigbee, Jr. v. Jonathan Lebo, Warden | Tennessee | 2020-02-12 | Denied | Response WaivedIFP | 5th-amendment constructive-amendment conviction criminal-attempt criminal-procedure due-process felony-murder indictment plea-agreement robbery statute testimony | Whether the admission of the Plea agreement testimony evidence, of felony murder in the perpetuation of a robbery violated Tenn. Code Ann. § 39-12-101… |
| 19-7608 | Juan Perez-Roman v. United States | Fifth Circuit | 2020-02-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7548 | Rudy Orlando Cabrera v. United States | Fifth Circuit | 2020-02-04 | Denied | Response WaivedIFP | 8-usc-1326 Apprendi-v-New-Jersey criminal-procedure due-process indictment prior-conviction sentencing sentencing-enhancement | Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b) |
| 19-7435 | In Re Robert N. Brooks | 2020-01-27 | Denied | Response WaivedIFP | due-process due-process-clause fdic-insured fifth-amendment grand-jury grand-jury-clause indictment indictment-clause notice-clause sixth-amendment subject-matter-jurisdiction | whether-a-manifest-miscarriage-of-justice-occurred | |
| 19-7322 | Gerardo Sanchez-Miranda v. United States | Fifth Circuit | 2020-01-21 | Denied | IFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 19-7348 | Raymond Alston, aka Raymond Austin v. New York | New York | 2020-01-21 | Denied | IFP | appellate-jurisdiction civil-procedure constitutional-review criminal-procedure double-jeopardy due-process grand-jury indictment judicial-discretion malicious-prosecution sentencing-standards standing | Whether the lower court erred in dismissing the petitioner's claims related to due process, double jeopardy, and malicious prosecution |
| 19-7330 | Michael P. Haldorson v. United States | Seventh Circuit | 2020-01-17 | Denied | Response WaivedIFP | 18-usc-844h2 constructive-amendment criminal-procedure due-process grand-jury indictment statutory-interpretation stirone-v-united-states | Whether a conviction under 18 U.S.C. § 844(h)(2) for carrying an 'explosive, namely, smokeless powder' can be based on the prosecution's argument that… |
| 19-7333 | Eduardo Luis Martinez-Paz v. United States | Fifth Circuit | 2020-01-17 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7254 | John Garrett Smith v. Washington | Washington | 2020-01-13 | Dismissed | IFP | criminal-procedure due-process fifth-amendment grand-jury indictment jury-trial martial-law military-justice sixth-amendment | Whether the absence of a grand jury indictment violates due process and the right to a jury trial under the Fifth and Sixth Amendments |
| 19-7220 | Francisco Guerrero-Saucedo v. United States | Fifth Circuit | 2020-01-09 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7088 | Marcos Cortez-Rogel v. United States | Fifth Circuit | 2019-12-30 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7104 | Julio Cesar Pacheco-Astrudillo v. United States | Fifth Circuit | 2019-12-30 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-7070 | Gary R. Tomey, II v. United States | Eleventh Circuit | 2019-12-27 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure due-process fifth-amendment indictment jury-instructions material-variance self-incrimination sentencing sentencing-hearing | Whether a constructive amendment and/or material variance of the indictment occurs when a court instructs the jury for the first time — during its del… |
| 19-6969 | Leviticus A. Swift v. Georgia | Georgia | 2019-12-18 | Denied | IFP | 4th-amendment arrest-warrant civil-rights constitutional-rights criminal-procedure criminal-trial due-process exclusionary-rule fourth-amendment indictment probable-cause search-and-seizure | Whether the probable cause for the issuance of an arrest warrant was insufficient to justify the petitioner's arrest? |
| 19-7005 | Johnnie Lewis Wood v. Virginia | Virginia | 2019-12-18 | Denied | Response WaivedIFP | 14th-amendment-due-process 6th-amendment-rights conviction fair-trial false-testimony fourteenth-amendment indictment jury-verdict material-misrepresentation sixth-amendment | Was Petitioner's Sixth-Amendment-rights,Fourteenth-Amendment-rights,false-testimony,fair-trial,jury-verdict,conviction violated |
| 19-6960 | Ulriste Tulin v. United States | Fourth Circuit | 2019-12-16 | Denied | Response WaivedIFP | actual-innocence constitutional-rights due-process equal-protection fifth-amendment fourteenth-amendment grand-jury indictment jury-instruction | Does an inaccurate Jury Instruction on the content of the indictment violate due process of law? |
| 19-6924 | William D. Thomas v. Mark McCullick, Warden | Sixth Circuit | 2019-12-12 | Denied | Response WaivedIFP | bail civil-procedure confrontation confrontation-clause criminal-procedure due-process eyewitness-identification identification indictment officer-activity police-conduct preliminary-hearing warrant-inquiry whether a state's failure to meet the reciprocal r | Whether an identification resulting from a show-up confrontation during a preliminary hearing raised by prior police activity is sufficient to warrant… |
| 19-6906 | Datanya Damon Alexander v. United States | Fifth Circuit | 2019-12-11 | Denied | IFP | constitutional-law criminal-procedure due-process fifth-circuit-review indictment jury-determination jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement | Whether this Court should hold the instant petition in light of Shular v. United States |
| 19-6876 | Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States | Fifth Circuit | 2019-12-09 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release | Whether a federal defendant may suffer additional imprisonment on the basis of facts that have never been placed in an indictment, nor proven to a jur… |
| 19-6795 | Abraham Conde-Herrera v. United States | Fifth Circuit | 2019-12-02 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6796 | Valentin Castanon-Renteria v. United States | Fifth Circuit | 2019-12-02 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6773 | Edgar Ortega-Limones v. United States | Fifth Circuit | 2019-11-27 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6760 | Ijaz Khan v. United States | Fourth Circuit | 2019-11-26 | Denied | Response WaivedIFP | administrative-procedure-act constructive-amendment criminal-procedure double-jeopardy federal-rules-of-civil-procedure fifth-amendment indictment indictment-modification polygamy polygamy-charge | Whether a constructive amendment occurred at trial when the court found defendant guilty of multiple marriages, a charge not on the indictment, and wh… |
| 19-6619 | Genesis Lee Whitted v. United States | Fourth Circuit | 2019-11-13 | Denied | Response WaivedIFP | base-offense-level criminal-procedure drug-quantity drug-weight fourth-circuit indictment relevant-conduct sentencing-guidelines sentencing-guidelines-1b1.3 time-interval | Whether the district court improperly expanded Guideline § 1B1.3 by including drug amounts associated with conduct occurring significantly outside the… |
| 19-6582 | Roberto Carlos Martinez-Mendoza v. United States | Fifth Circuit | 2019-11-12 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6540 | Howard Grant v. United States | Fifth Circuit | 2019-11-07 | Denied | Response WaivedRelisted (2)IFP | 28-usc-2255 appellate-procedure civil-procedure clay-v-united-states criminal-procedure extraordinary-circumstances final-judgment-rule forgery habeas-corpus indictment standing | Is a 28 USC SEC. 2255 MOTION premature if filed less than 90 days after the appellate court enters its judgment in accordance with the holdings in Cla… |
| 19-6500 | Horacio Dominguez-Villalobos v. United States | Fifth Circuit | 2019-11-05 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6290 | Servando Pineda-Castellanos v. United States | Fifth Circuit | 2019-10-17 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6268 | Isabel Yero Grimon v. United States | Eleventh Circuit | 2019-10-15 | Denied | Response WaivedIFP | article-iii article-three-courts burden-of-proof federal-jurisdiction indictment indictment-validity judicial-precedent limited-jurisdiction subject-matter-jurisdiction | Did the Eleventh Circuit err in holding that federal jurisdiction is conclusively established whenever an indictment alleges a federal crime? |
| 19-6243 | Jackie Ray Patrick v. Mississippi | Mississippi | 2019-10-10 | Denied | Response WaivedIFP | constitutional-challenge criminal-procedure criminal-procedure-defects due-process indictment indictment-validity jurisdiction jurisdictional-issue mississippi-law standing state-law void-for-failure-to-state-offense void-for-vagueness | Whether Patrick's conviction and sentence were derived from a defective indictment |
| 19-468 | Keesha Elayne Frye v. United States | Fourth Circuit | 2019-10-09 | Denied | Response Waived | appellate-review burden-of-proof criminal-procedure due-process indictment indictment-redaction jury jury-deliberation jury-instructions meaningful-review redaction standard-of-review | Whether the criminal defendant was denied meaningful appellate review when the district court destroyed the only copy of a redacted indictment used by… |
| 19-6199 | Emeterio Espino Ramirez v. United States | Fifth Circuit | 2019-10-09 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6200 | Michael Scott Smith v. Florida | Florida | 2019-10-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | actual-innocence constitutional-claims criminal-procedure double-jeopardy due-process florida-statutes habeas-corpus indictment jurisdiction lesser-included-offenses post-conviction-relief procedural-default state-court statute-of-limitations statutory-interpretation | Can a State Court indict an accused on one charge and take him to trial on another in the case of the same crime merely because a theory of prosecutio… |
| 19-6135 | Kelvin Townsend v. United States | Eleventh Circuit | 2019-10-02 | Denied | Response WaivedIFP | criminal-procedure due-process freedom-of-information government-transparency grand-jury indictment judicial-oversight sealed-records standing | Is the government required to obtain a court order from the court to unseal a sealed criminal indictment? |
| 19-6094 | Andres Herrera-Segovia v. United States | Fifth Circuit | 2019-09-27 | Denied | IFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6042 | Gerardo Tajonar Cortes v. United States | Fifth Circuit | 2019-09-25 | Denied | Response WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-6053 | Diosme Fernandez Hano v. United States | Eleventh Circuit | 2019-09-25 | Denied | Response WaivedIFP | appellate-review circuit-split criminal-procedure due-process eleventh-circuit evidentiary-rulings indictment judicial-precedent jury-instructions statute-of-limitations united-states-code witness-testimony | Whether the Eleventh Circuit erred in holding that the indictment was returned within the limitation period under 18 U.S.C. § 3297 |
| 19-6019 | Marco Antonio Murillo v. United States | Fifth Circuit | 2019-09-20 | Denied | Response WaivedIFP | criminal-procedure due-process federal-defendants indictment indictment-right mandatory-minimum mandatory-sentencing sentencing sentencing-enhancement united-states-v-haymond | Whether federal defendants enjoy the right to indictment as to some facts that alter the likely sentence within a mandatory range of punishment? |
| 19-5907 | Luis Castaneda-Torres v. United States | Fifth Circuit | 2019-09-11 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5910 | Benjamin Carpenter v. Georgia | Georgia | 2019-09-11 | Denied | Response WaivedIFP | civil-rights complicity constitutional-issue criminal-liability criminal-procedure due-process error-analysis indictment jury-instructions standing supreme-court-review unchorged-crime | Whether a theory of criminal liability based on complicity in an uncharged crime is constitutional |
| 19-5865 | Pablo Sauste Balderas v. United States | Fifth Circuit | 2019-09-09 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5829 | Yoni Castro-Lopez v. United States | Fifth Circuit | 2019-09-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5785 | Raul Zapata-Dominguez v. United States | Fifth Circuit | 2019-09-03 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure fourth-amendment home-search indictment jury-trial liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-maximum statutory-reasonableness supervised-release supervision vagueness | Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl… |
| 19-5697 | Felipe Vinagre-Hernandez v. United States | Fifth Circuit | 2019-08-23 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure detention detention-motion federal-rules-of-criminal-procedure indictment judicial-interpretation jurisdiction legal-timing pretrial-motion speedy-trial-act | Whether a motion for detention filed before an indictment or information charging a person has been obtained is a pretrial motion within the meaning o… |
| 19-5639 | Kirby D. Crawford v. Georgia | Georgia | 2019-08-19 | Denied | IFP | civil-rights criminal-procedure deprivation-of-rights due-process evidence-of-proof evidentiary-standards fair-trial grand-jury indictment judicial-error legal-procedure petitioner standing trial-court | Whether the trial court erred in charging my client with crimes not assessed by the grand jury prior to the trial |
| 19-5623 | Deshawn Legrier v. United States | Second Circuit | 2019-08-16 | GVR | IFP | 18-usc-922 18-usc-924 criminal-indictment criminal-procedure due-process federal-jurisdiction firearms firearms-possession indictment knowingly-element rehaif-standard rehaif-v-united-states statutory-interpretation subject-matter-jurisdiction | Whether the district court lacked subject-matter jurisdiction where the indictment for violating § 922(g)(1) did not charge the defendant with any off… |
| 19-5537 | Benjamin Escobedo v. Texas | Texas | 2019-08-09 | Denied | IFP | 6th-amendment appellate-review constitutional-provisions constitutional-rights criminal-procedure criminal-procedure-defects-indictment due-process indictment jurisdiction motion-to-close motion-to-quash sixth-amendment trial-court | Did the Trial Court err when it overruled Appellants Motion to Quash the Amended Indictment? |
| 19-5510 | Maurice Patrick Fortune, III v. Virginia | Fourth Circuit | 2019-08-08 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights criminal-procedure due-process felony-prosecution grand-jury indictment magistrate-warrant sentencing substantive-due-process | Whether a fatico hearing or sentencing hearing can substitute for the qualifications of a formal trial |
| 19-5455 | Jesus Rios-Garza v. United States | Fifth Circuit | 2019-08-07 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-5423 | Antonio Rashawne Carr v. Texas | Texas | 2019-08-01 | Denied | IFP | appeal arraignment arraignment-hearing criminal-procedure due-process grand-jury grandjury-indictment indictment ineffective-assistance-of-counsel sexual-assault | Whether the court of appeals erred in affirming the trial court's judgment that this was an actual arraignment/indictment proceeding rather than a tri… |
| 19-5218 | In Re Teon Jamell Williams | 2019-07-17 | Denied | Response WaivedIFP | 4th-amendment appellate-jurisdiction constitutional-evidence due-process exceptional-circumstances indictment indictment-challenge ineffective-assistance ineffective-assistance-of-counsel retroactivity search-and-seizure short-form-indictment | Was the conviction obtained by use of evidence obtained by unreasonable search and seizure? | |
| 19-5114 | Jovanny Rodriguez v. United States | Second Circuit | 2019-07-09 | Denied | Response WaivedIFP | alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance | Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at tr… |
| 18-9806 | Karlynn Romeo Tones, Donta Lyvoid Blackmon, and Arvin Terrill Carmen v. United States | Ninth Circuit | 2019-06-26 | Denied | Response WaivedIFP | conspiracy constitutional-rights criminal-conspiracy criminal-procedure defendant-rights due-process indictment indictment-specificity jury-instructions jury-unanimity trial-evidence unanimity | Do federal criminal defendants have a constitutional right to a specific unanimity instruction requiring the jury to unanimously define the duration a… |
| 18-9767 | LaShawn Johnson v. Randy L. White, Warden | Sixth Circuit | 2019-06-24 | Denied | Response WaivedIFP | 14th-amendment 5th-amendment 6th-amendment aggravating-factors constitutional-rights criminal-procedure due-process indictment jury-instruction jury-instructions | Does submitting aggravating factors of a crime in a jury instruction that wasn't charged in the indictment violate Due Process |
| 18-9723 | Jennifer Cardenas v. United States | Second Circuit | 2019-06-19 | Denied | Response WaivedIFP | constructive-amendment due-process false-statements indictment indictment-specificity jury-instruction statutory-interpretation variance visa-fraud | Whether an indictment charging visa-fraud must specify the allegedly-false-statements and include factual-allegations to establish their-falsity |
| 18-9616 | Rocky Riojas-Ordaz v. United States | Fifth Circuit | 2019-06-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-9642 | Jeffrey Benton v. United States | Second Circuit | 2019-06-12 | Denied | Response WaivedIFP | appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights | Whether a defendant who enters an unconditional guilty plea and waives appeal can raise a double-jeopardy argument on direct appeal |
| 18-9617 | Randolph Harris Austin v. United States | Fourth Circuit | 2019-06-11 | Denied | Response WaivedIFP | cocaine cocaine-base constitutional-rights constitutional-safeguards democratic-constraints due-process grand-jury grand-jury-indictment indictment jury-instructions procedural-rights procedural-safeguards | Whether the grand jury's indictment for cocaine base and the jury's instruction that it did not matter whether it was cocaine base or cocaine, which r… |
| 18-9567 | Daniel De Leon v. United States | Fifth Circuit | 2019-06-06 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt supervised-release | Whether violations of supervised release require proof to a jury beyond a reasonable doubt |
| 18-9573 | Ernesto Betancourt-Carrillo v. United States | Fifth Circuit | 2019-06-06 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-9512 | Kenneth Roshaun Reid v. United States | Fourth Circuit | 2019-06-05 | Denied | Response WaivedIFP | criminal-conspiracy criminal-culpability double-jeopardy dry-conspiracy due-process guilt indictment jury reasonable-foreseeability subject-matter-jurisdiction | Who does the jury have to be in order to establish guilt or criminal culpability in all dry conspiracy crimes? |
| 18-9502 | Christian Vazquez Capistran v. United States | Fifth Circuit | 2019-05-31 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-9394 | Ward T. Evans v. Delaware | Delaware | 2019-05-23 | Denied | Response WaivedIFP | constitutional-challenge constitutionality-of-statute criminal-law criminal-offenses criminal-procedure criminal-statute double-jeopardy due-process in-forma-pauperis indictment indictment-counts statutory-interpretation three-strike-rule three-strikes-law | Whether Delaware's 11 Del. Crim. C. sec. 773(2) defines three distinct criminal offenses |
| 18-9321 | Jesus Cornelio Dolmo-Alvarez v. United States | Fifth Circuit | 2019-05-17 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-9231 | Matthew Leachman v. Texas | Texas | 2019-05-10 | Denied | Response WaivedIFP | constitutional-interpretation continuing-jeopardy criminal-procedure double-jeopardy due-process felony-conviction indictment indictment-strategy retrial retrial-rights | Whether a State may break the original indictment into discrete pieces to obtain multiple trials in a retrial comprising 'continuing jeopardy' where t… |
| 18-9178 | Matthew Oliver Alford v. Erik A. Hooks, Secretary, North Carolina Department of Safety, et al. | Fourth Circuit | 2019-05-08 | Denied | Response WaivedIFP | civil-procedure civil-rights constitutional-review due-process equal-protection federal-jurisdiction grand-jury habeas-corpus indictment jurisdictional-constraints procedural-limitations standing state-court-conviction | Did the district Court (WDNC) and the 4th Cir. Court violate petitioner's right to access a federal court & right to due process by applying the wrong… |
| 18-9181 | Kwame Ali Askia v. United States | Eighth Circuit | 2019-05-07 | Denied | Response WaivedIFP | constitutional-law due-process exculpatory-evidence government-oversight indictment sixth-amendment statute-of-limitation statute-of-limitations | Question not identified |
| 18-9093 | James M. Ferguson v. Pelicia E. Hall, Commissioner, Mississippi Department of Corrections, et al. | Fifth Circuit | 2019-05-02 | Denied | IFP | amendment civil-rights due-process effective-assistance-of-counsel indictment notice preliminary-hearing right-to-notice-of-charges right-to-prepare-defense | Whether the defendant received effective assistance of counsel when his attorney failed to request a preliminary hearing, which would have exposed the… |
| 18-9062 | Derek Ray King v. United States | Fifth Circuit | 2019-05-01 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release | whether-violations-of-supervised-release-require-jury-proof-beyond-reasonable-doubt |
| 18-9030 | Juan Reyes Rivera v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division | Fifth Circuit | 2019-04-29 | Denied | IFP | confrontation-rights constructive-amendment due-process fifth-amendment grand-jury grand-jury-clause indictment ineffective-assistance | Did trial counsel render ineffective assistance for failure to quash or dismiss Constructive, Amended Indictment, amended by the court on third day af… |
| 18-8999 | Mark Richard Hillstrom v. United States | Eleventh Circuit | 2019-04-25 | Denied | Response WaivedIFP | criminal-law criminal-threat due-process elonis-standard elonis-v-united-states grand-jury harmless-error indictment intent mens-rea mental-state statutory-interpretation | Whether the government must prove a defendant knowingly intends his communications to be a threat |
| 18-8964 | Artemio Miranda-Manuel v. United States | Fifth Circuit | 2019-04-23 | Denied | Response WaivedIFP | 8-usc-1326 almendarez-torres apprendi criminal-procedure due-process immigration indictment prior-conviction sentencing | Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. §1326(b) |
| 18-8819 | Jorge Rogelio Reveles-Santana v. United States | Fifth Circuit | 2019-04-16 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8807 | Francisco Quintero-Corral v. United States | Eleventh Circuit | 2019-04-15 | Denied | Response WaivedIFP | apprendi-v-new-jersey aprendi-rule criminal-procedure due-process illegal-reentry indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum | Whether all facts- including the facts of a prior conviction- that increase a defendant's statutory maximum must be pleaded in the indictment and eith… |
| 18-8777 | Salim Abdu Gould v. North Carolina | North Carolina | 2019-04-10 | Denied | Response WaivedIFP | admissibility-of-evidence criminal-procedure double-jeopardy due-process indictment ineffective-assistance-of-counsel self-representation subject-matter-jurisdiction | Whether the petitioner was denied due process and the right to self-representation before the appointment of counsel and during the motions entertaine… |
| 18-8782 | Cesar Lopez-Rodriguez v. United States | Fifth Circuit | 2019-04-10 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-8762 | Jason Curtis Brown v. United States | Sixth Circuit | 2019-04-09 | Denied | Response WaivedIFP | 6th-amendment constitutional-rights criminal-procedure double-jeopardy due-process fifth-amendment indictment remand standing superceding-indictment superseding-indictment | Whether Brown's Fifth Amendment right to double jeopardy, due process and the expressed terms of the 6th Cir. Court of Appeals limited remand order we… |
| 18-8699 | Marckenson Chery v. United States | Eleventh Circuit | 2019-04-04 | Denied | Response WaivedIFP | 18-usc-2422b criminal-offense criminal-offense-element double-jeopardy fifth-amendment indictment sixth-amendment statutory-interpretation | Whether an indictment for violation of 18 U.S.C. § 2422(b) must identify the ''criminal offense'' element in order to meet the required nature of the … |
| 18-8624 | Bruce Elliott Miller v. Alabama | Eleventh Circuit | 2019-03-29 | Denied | Response WaivedIFP | actual-innocence aedpa-procedural-bar constitutional-deficiency due-process fifth-amendment habeas-corpus indictment ineffective-assistance ineffective-assistance-of-counsel statute-of-limitations strickland-standard strickland-test | Whether trial counsel's failure to make a timely objection or file a pretrial motion to dismiss a fatally flawed indictment can validate a 'constituti… |
| 18-8442 | Marc Dutch v. United States | Tenth Circuit | 2019-03-18 | Denied | Response WaivedIFP | 6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation | Does 18 U.S.C. § 924(e)(1)'s requirement that prior convictions be 'committed on occasions different from one another' require such facts to be allege… |
| 18-8436 | David Fehr Harder v. United States | Fifth Circuit | 2019-03-14 | Denied | Response WaivedIFP | criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-8345 | Gary Lakey v. United States | Eleventh Circuit | 2019-03-08 | Denied | Response WaivedIFP | 2255-motion appellate-review certificate-of-appealability due-process eleventh-circuit evidentiary-hearing habeas-corpus indictment judicial-procedure jurisdiction | Did the Eleventh Circuit decide an appeal without jurisdiction when it denied a Certificate of Appealability (COA) on all issues on the basis that the… |
| 18-8254 | Eddie Earl Phillips v. Mississippi | Mississippi | 2019-03-04 | Denied | Response WaivedIFP | constitutional-provisions constitutional-rights conviction criminal-procedure due-process habitual-offender indictment jury-instructions sentencing statement-of-the-case statutory-provisions | Whether Phillips' Conviction and Sentence stems from a defective indictment, in violation of his due process rights? |
| 18-8190 | Edgar Alonso Pineda-Pineda v. United States | Fifth Circuit | 2019-02-28 | Denied | Response WaivedIFP | 8-usc-1326 almendarez-torres-v-united-states apprendi-v-new-jersey criminal-procedure due-process indictment prior-conviction sentencing sentencing-enhancement | Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b) |
| 18-7948 | Cesar Carapia Hernandez v. United States | Fifth Circuit | 2019-02-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-7692 | Byron Anthony Horn v. United States | Fifth Circuit | 2019-01-31 | Denied | Response WaivedIFP | criminal-law criminal-procedure criminal-sentencing due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining pleading reasonable-doubt reasonable-sentence sentencing statutory-interpretation | Whether facts that alter the range of 'reasonable' federal sentences must be pleaded in the indictment in federal cases? |
| 18-7528 | In Re Keith E. Doyle | 2019-01-23 | Denied | IFP | 13th-amendment 14th-amendment adversarial-hearing constitutional-intent due-process fourteenth-amendment indictment indictment-by-information information-document intent-of-delegates judicial-procedure montana-constitution preliminary-examination preliminary-hearing void-proceedings | Did the district court judge violate my right to Due Process of Law, factually loose jurisdiction, and create void proceedings? | |
| 18-7461 | In Re Brandon Lee | 2019-01-16 | Denied | Relisted (2)IFP | affirmative-proof civil-rights constitutional-law due-process federal-procedure grand-jury indictment judicial-review judicial-supervision legal-standing prosecutorial-misconduct | Whether the Supreme Court should invoke its judicial supervision power to prescribe standards of prosecutorial conduct before the grand jury when affi… | |
| 18-7305 | William Hilts v. United States | Second Circuit | 2019-01-09 | Denied | Response WaivedIFP | constitutional-rights criminal-indictment criminal-procedure due-process fifth-amendment grand-jury hearsay hearsay-testimony indictment witness-testimony | Whether a criminal defendant's right to be prosecuted on an indictment voted by a Grand Jury under the Fifth Amendment is violated when the Grand Jury… |
| 18-7307 | Yoni Rayo-Espinoza v. United States | Fifth Circuit | 2019-01-09 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-7325 | John Joseph Zinkand v. Carlos Hernandez, Superintendent, Avery-Mitchell Correctional Institution, et al. | Fourth Circuit | 2019-01-09 | Denied | Response WaivedRelisted (2)IFP | civil-rights constitutional-rights criminal-procedure double-jeopardy due-process habeas-corpus imprisonment indictment state-law statutory-interpretation subject-matter-jurisdiction | Did North Carolina State unlawfully imprison Petitioner upon an unconstitutional statute? |
| 18-7133 | Paul Burks v. United States | Fourth Circuit | 2018-12-20 | Denied | Response WaivedIFP | civil-procedure criminal-law criminal-procedure criminal-tax due-process elements federal-courts federal-prosecution indictment indictment-elements pretrial-motion statutory-interpretation substantive-law tax-law uncertainty | Whether the substantial existence of uncertainty in the governing substantive tax law is irrelevant to the determination of a pretrial motion to dismi… |
| 18-7110 | James M. Flinn v. Mike Parris, Warden | Sixth Circuit | 2018-12-19 | Denied | Response WaivedIFP | criminal-procedure due-process evidence fourteenth-amendment indictment indictment-allegations insufficient-evidence jury-instructions reasonable-doubt sufficiency-of-evidence | Whether the Petitioner was convicted upon insufficient evidence in violation of the Due Process Clause |
| 18-7029 | Jorge Ruelas-Martinez v. United States | Fifth Circuit | 2018-12-13 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6920 | Clyde Retiz v. United States | Fifth Circuit | 2018-12-06 | Denied | Response WaivedIFP | criminal-law criminal-procedure due-process federal-criminal-procedure federal-jurisdiction indictment plea-bargaining reasonable-sentence sentencing sentencing-factors sentencing-guidelines statutory-interpretation | Whether facts that alter the range of 'reasonable' federal sentences must be pleaded in the indictment in federal cases? |
| 18-6948 | William Gavidia v. United States | Fourth Circuit | 2018-12-06 | Denied | Response WaivedIFP | civil-rights common-heritage crimes-of-violence criminal-indictment criminal-procedure due-process enterprise indictment pattern-of-activity pattern-of-racketeering racketeering racketeering-activity | Whether those of common heritage constitute an enterprise that should be indicted and tried together and any crimes of violence they commit constitute… |
| 18-6841 | Robert K. Stewart v. North Carolina | North Carolina | 2018-11-28 | Denied | Response WaivedRelisted (2)IFP | civil-rights criminal-procedure due-process grand-jury indictment true-bill | Whether the name of the defendant, the date of the sentences, and the time and county where the alleged offense was committed are material facts of an… |
| 18-6855 | Antonio DeJesus Perez-Martinez v. United States | Sixth Circuit | 2018-11-28 | Denied | Response WaivedIFP | appellate-review constitutional-challenge constructive-amendment criminal-procedure due-process equal-protection indictment indictment-variance ineffective-assistance ineffective-assistance-of-counsel plea-bargaining proportionality sentencing sentencing-proportionality sentencing-reasonableness | Whether appellate counsel was grossly ineffective by arguing a material variance instead of a constructive amendment |
| 18-6864 | Thomas Whitlow v. United States | Eighth Circuit | 2018-11-28 | Denied | Response WaivedIFP | criminal-complaint criminal-complaint-validity false-statements fraud-on-court indictment perjury probable-cause reckless-disregard subject-matter-jurisdiction sworn-affidavit void-judgment | Is the criminal complaint void when it was based on statements from Special Agent Terrance Taylor that were knowingly false and exhibited reckless dis… |
| 18-6867 | Alberto Jorge Silva-Ibarra v. United States | Fifth Circuit | 2018-11-28 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6832 | Keddron Rakee West v. Georgia | Georgia | 2018-11-27 | Denied | Response WaivedIFP | constitutional-law criminal-defense criminal-procedure due-process indictment mens-rea mistake-of-fact statutory-interpretation statutory-rape | Is due process violated by not allowing Petitioner to rely upon the statutory enacted mistake of fact defense as his sole defense to an indictment for… |
| 18-6800 | Robert Ryan Powell v. United States | Ninth Circuit | 2018-11-26 | Denied | Response WaivedIFP | constructive-amendment double-jeopardy fifth-amendment grand-jury indictment jury-instructions jury-unanimity plain-error sixth-amendment statute-of-limitations | Where jury instructions lack the dates and timeframes specified in the indictment, do the jury instructions constructively amend the indictment, and t… |
| 18-6770 | David Nino-Flores v. United States | Fifth Circuit | 2018-11-21 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6754 | Domonic McCarns v. United States | Ninth Circuit | 2018-11-20 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure harmless-error indictment plain-error-review speedy-trial-act statutory-interpretation | Whether Cryptic Letter, Number Codes are Sufficient to Satisfy the Speedy Trial Act Requirement that Reasons Justifying Delay of a Criminal Trial Must… |
| 18-6676 | Herve Wilmore, Jr. v. United States | Eleventh Circuit | 2018-11-13 | Denied | Response WaivedRelisted (2)IFP | constructive-amendment criminal-procedure due-process effective-assistance-of-counsel fifth-amendment grand-jury indictment wire-fraud | Whether Mr. Wilmore's right to be tried on charges accepted by a grand jury, and Mr. Wilmore's right to effective assistance of counsel, were violated… |
| 18-6576 | Susan Kevra-Shiner v. United States | Third Circuit | 2018-11-06 | Denied | Response WaivedIFP | constructive-amendment criminal-procedure due-process fraud fraud-allegations indictment indictment-scope jury-instructions prosecutorial-misconduct verdict-slip | Can a well written verdict slip cure the confusion created when the Government's Closing Argument and the Court's Jury Instructions constructively ame… |
| 18-6468 | Bernabe Lugo-Santiago v. United States | First Circuit | 2018-10-29 | Denied | Response WaivedIFP | constitutional-challenge criminal-indictment criminal-law criminal-procedure due-process firearm firearm-regulation firearms indictment interstate-commerce jury-finding jury-instructions prosecutorial-burden | Whether the Government must allege and prove a connection to interstate commerce for a conviction under 18 U.S.C. § 922(g)(1) |
| 18-6483 | Armando Chavez, Jr. v. United States | Fifth Circuit | 2018-10-29 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing due-process federal-jurisdiction federal-sentencing indictment indictment-requirements judicial-discretion plea-bargaining sentencing sentencing-guidelines statutory-interpretation | Whether facts that alter the range of reasonable' federal sentences must be pleaded in the indictment in federal cases? |
| 18-6399 | Marcos Perez-Trevino v. United States | Eighth Circuit | 2018-10-23 | Denied | Response WaivedIFP | berger-v-united-states circuit-split closed-container closed-containers conspiracy drug-conspiracy due-process fifth-amendment fifth-amendment-due-process florida-v-wells fourth-amendment fourth-amendment-search-and-seizure indictment inventory-search law-enforcement-policy material-variance probable-cause shared-interest Whether a material variance exists where the gover written-policy | Whether the officer conducted a valid inventory search of a closed container without a written policy governing such searches |
| 18-6352 | Joseph Kelvin Aberant v. United States | Fourth Circuit | 2018-10-16 | Denied | Response WaivedIFP | attempted-murder cross-reference firearm firearm-offense fourth-circuit imperfect-self-defense indictment self-defense sentencing-guidelines | Whether the Fourth Circuit erred in finding that the cross reference under Section 2K2.1(c)(1) of the United States Sentencing Guidelines was applicab… |
| 18-6316 | Willie Gene Wilks, Jr. v. Ohio | Ohio | 2018-10-15 | Denied | IFP | burden-of-proof due-process false-testimony grand-jury indictment jury-instructions plain-error-review prosecutor prosecutorial-misconduct structural-error | Is a defendant denied due process when a prosecutor presents and relies upon false testimony in order to secure an indictment in grand jury proceeding… |
| 18-6293 | Alfredo Martinez-Rey v. United States | Fifth Circuit | 2018-10-11 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-6253 | Daniel R. Wesling v. Pennsylvania | Pennsylvania | 2018-10-09 | Denied | Response WaivedIFP | burden-of-proof criminal-conviction criminal-procedure due-process indictment indictment-sufficiency pennsylvania-law presumption-of-innocence prosecutorial-standards vagueness victim-testimony | Is the Commonwealth of Pennsylvania's conviction of the Petitioner with uncorroborated victim statements coupled with an indictment so vague as to des… |
| 18-6205 | Eliseo Guevara-Guevara v. United States | Fifth Circuit | 2018-10-03 | Denied | Response WaivedIFP | alleyne-rule alleyne-v-united-states almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure due-process enhanced-punishment immigration-law indictment judicial-precedent prior-conviction sentencing | Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b) |
| 18-6072 | Cristian Gamez Mendez v. United States | Fifth Circuit | 2018-09-21 | Denied | Response WaivedIFP | apprendi-v-new-jersey criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-6042 | Ronald Eric Ary v. United States | Fifth Circuit | 2018-09-19 | Denied | Response WaivedIFP | criminal-law criminal-procedure criminal-sentencing deferred-adjudication due-process indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum | Whether a Texas deferred adjudication qualifies as a prior conviction for sentencing enhancement |
| 18-5972 | Assane Faye v. United States | Third Circuit | 2018-09-13 | Denied | Response WaivedIFP | burden-of-proof fifth-amendment indictment jury-instruction jury-instructions non-statutory-element prosecutorial-discretion sufficiency-of-evidence trial-procedure | Does the government heighten its burden of proof at trial by adding a non-statutory element to the indictment, pursuing its case to include that extra… |
| 18-255 | George Briscoe v. Texas | Texas | 2018-08-28 | Denied | criminal-procedure defendant-rights due-process fair-trial indictment indictment-amendment indictment-modification jury-selection prosecutorial-discretion statutory-interpretation texas-criminal-procedure vagueness | Can a defendant receive a fair trial when the plain language of a statute is ignored to allow the government to change the indictment after a jury has… | |
| 18-5744 | Arthur Lawton Clark v. Walter Berry, Warden, et al. | Eleventh Circuit | 2018-08-24 | Denied | Response WaivedIFP | 14th-amendment constitutional-violation due-process guilty-plea habeas habeas-corpus indictment indictment-insufficiency ineffective-assistance procedural-bar procedural-default | Whether petitioner's indictment and guilty plea were constitutionally deficient, and whether the lower courts erred in denying his claims of ineffecti… |
| 18-5680 | Reginald McGee v. United States | Fifth Circuit | 2018-08-21 | Denied | Response WaivedIFP | aggravated-assault armed-career-criminal armed-career-criminal-act commerce-clause criminal-procedure indictment mandatory-minimum mandatory-minimum-sentence plea-colloquy sentencing-enhancement violent-felony | Whether the defendant's prior conviction for aggravated assault qualifies as a violent felony under the Armed Career Criminal Act |
| 18-5624 | Feliciano Villa-Sariana, aka Feliciano Villa v. United States | Fifth Circuit | 2018-08-16 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey criminal-procedure due-process indictment plea-bargaining prior-conviction sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5474 | Heriberto Garcia-Hernandez v. United States | Fifth Circuit | 2018-08-07 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5449 | In Re Michael D. Smith | 2018-08-06 | Denied | Response WaivedIFP | 28-usc-2255 appeals civil-procedure confrontation criminal-procedure district-court-review double-jeopardy due-process federal-habeas habeas-corpus indictment motion-to-vacate post-conviction-relief self-incrimination sentencing speedy-trial standing | Whether the petitioner's constitutional rights were violated when the district court and court of appeals denied his 28 U.S.C. § 2255 and § 2244 motio… | |
| 18-5457 | Michael Allyn Kennedy v. Texas | Texas | 2018-08-03 | Denied | IFP | appeal conviction criminal-procedure due-process habeas-corpus indictment jury-trial notice sixth-amendment trial | Whether the trial court erred in imposing a conviction without a reading of the indictment, thereby depriving the petitioner of due process and notice… |
| 18-5464 | Jose Benitez, Jr. v. United States | Eleventh Circuit | 2018-08-03 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | armed-bank-robbery closing-argument constructive-amendment criminal-procedure due-process firearm firearm-specification indictment indictment-variance jury-instructions prosecutorial-discretion variance | Whether a constructive amendment occurred when the jury instructions and government's closing argument allowed conviction for armed bank robbery witho… |
| 18-5405 | Fortino Pimentel-Soto v. United States | Fifth Circuit | 2018-08-01 | Denied | Response WaivedIFP | criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum | Whether all facts — including the fact of a prior conviction — that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-5378 | Alejandro Chavez-Garcia v. United States | Fifth Circuit | 2018-07-27 | Denied | Response WaivedIFP | alleyne-v-united-states apprendi-v-new-jersey burden-of-proof criminal-procedure defendant-rights indictment jury-beyond-reasonable-doubt jury-trial prior-conviction sentencing statutory-maximum | Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 18-5350 | Carroll Erman Crider v. Virginia | Virginia | 2018-07-25 | Denied | Response WaivedIFP | civil-rights conviction-vacatur criminal-procedure due-process habeas-corpus indictment indictment-notice jurisdiction notice standing statutory-violation | Whether Crider's convictions should be vacated due to lack of jurisdiction and inadequate indictment notice |
| 18-5317 | Jose Villanueva-Cardenas v. United States | Fifth Circuit | 2018-07-23 | Denied | Response WaivedIFP | burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-conviction-enhancement sentencing statutory-maximum | Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |