| 25-6570 |
Orlanda Travon Sloan v. United States |
Fifth Circuit |
2026-01-13 |
Pending |
Response WaivedIFP |
criminal-history individualized-sentencing mental-health-considerations methamphetamine-offense sentencing-guidelines youth-mitigation |
Whether the Sentencing Guidelines' static Criminal History Categories and excessive offense levels for methamphetamine actual/ice fail to propose a re… |
| 24-5248 |
Jason Wade Grant v. United States |
Fifth Circuit |
2024-08-06 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process individualized-sentencing mitigating-factors sentencing-discretion |
Whether a sentencing court's failure to consider mitigating factors and individual circumstances violates a defendant's constitutional rights to indiv… |
| 21-7083 |
Michael Kenneth Rich v. United States |
Sixth Circuit |
2022-02-09 |
Denied |
IFP |
conspiracy criminal-sentencing due-process due-process-of-law future-tense-instruction individualized-responsibility individualized-sentencing panel-decision rico-conspiracy rico-enterprise |
Whether a RICO enterprise with legitimate and illegitimate purposes violates due process and individualized sentencing |
| 21-5899 |
Joseph Vasquez, Jr. v. United States |
Ninth Circuit |
2021-10-05 |
Denied |
Response WaivedIFP |
career-offender guidelines individualized-sentencing judicial-discretion sentencing-factors sentencing-guidelines sentencing-reasonableness sentencing-review substantive-reasonableness substantive-review |
Whether a below guidelines sentence can still result in a substantively unreasonable sentence? |
| 20-7988 |
Robert Allen Poyson v. Arizona |
Arizona |
2021-05-11 |
Denied |
IFP |
aggravating-factors capital-sentencing causal-nexus constitutional-review death-penalty eighth-amendment individualized-sentencing mitigation-evidence non-statutory-mitigation |
Is the individualized capital sentencing requirement guaranteed by the Eighth Amendment violated when a State predetermines that in all cases only min… |
| 20-7851 |
Luis Noel Cruz, aka Noel v. United States |
Second Circuit |
2021-04-26 |
Denied |
Response WaivedIFP |
8th-amendment contemporary-standards-of-decency criminal-procedure due-process individualized-sentencing juvenile-sentencing legislative-trends life-sentence mandatory-minimum miller-rule sentencing-discretion |
Should the protections of Miller v. Alabama be extended to 18-year-olds? |
| 20-5887 |
Charles Kunta Lewis, Jr. v. Michigan |
Michigan |
2020-10-02 |
Denied |
IFP |
age-consideration brain-development constitutional-rights cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment individualized-sentencing juvenile-offender juvenile-sentencing mandatory-minimum sentencing |
Whether the sentence given to Mr. Lewis was unconstitutional because it violated the prohibition against cruel and unusual punishment when his youthfu… |
| 19-8667 |
Diamante Alfred v. United States |
Ninth Circuit |
2020-06-11 |
Denied |
Response WaivedIFP |
due-process individualized-sentencing judicial-bias judicial-discretion plea-bargaining recusal sentencing supervised-release supervision-violation |
Does a district court fail to appropriately individualize a sentence where the sentence imposed is based on a 'promise' made by the judge, long before… |
| 19-5191 |
Kenneth Byron Davenport v. Pennsylvania |
Pennsylvania |
2019-07-15 |
Denied |
Response WaivedIFP |
age-determination criminal-procedure individualized-sentencing juvenile-offenders juvenile-sentencing mental-disability mental-health mental-health-and-mental-retardation-act mental-illness miller-v-alabama post-conviction-relief post-conviction-relief-act schizophrenia |
Does the legal 'right' recognized in Miller v. Alabama include all substantive components necessary to its creation, including the well-established ra… |
| 18A1229 |
Sam Newman v. Louisiana |
Louisiana |
2019-05-29 |
Presumed Complete |
|
eighth-amendment individualized-sentencing juvenile-sentencing life-without-parole miller-v-alabama second-degree-murder |
Whether the Eighth Amendment prohibits sentencing a juvenile offender to life without parole for multiple second-degree murder convictions without ind… |
| 18-5246 |
Warren Darrell Rivers v. Texas |
Texas |
2018-07-17 |
Denied |
IFP |
capital-punishment capital-punishment-sentencing cruel-and-unusual-punishment due-process eighth-amendment fourteenth-amendment individualized-sentencing sentencing sentencing-determination |
Whether prosecution evidence that a capital defendant has been sentenced to death once before in the same case impermissibly undermines the sentencing… |