judge-found-facts

5 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
20-7198 Benjamin Edward Henry Bradley v. United States Sixth Circuit 2021-02-22 Denied Response RequestedResponse WaivedRelisted (2)IFP apprendi apprendi-doctrine criminal-forfeiture honeycutt honeycutt-precedent in-personam-judgment in-personam-money-judgments judge-found-facts jury-finding sixth-amendment Whether a court violates the Sixth Amendment's jury-finding requirements by ordering forfeiture based on judge-found facts
20-6954 Brenda Yadira Gamez-Castaneda v. United States Fifth Circuit 2021-01-27 Denied Response WaivedIFP alien-smuggling criminal-procedure criminal-sentencing due-process judge-found-facts judicial-fact-finding jury-trial jury-trial-rights sentencing sentencing-guidelines sixth-amendment Whether Petitioner's sentence violates the Sixth Amendment because its reasonableness depends upon facts found by the court that was not admitted by t…
20-6925 Leonidas Iraheta and Eduardo Hernandez v. United States Ninth Circuit 2021-01-25 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights criminal-procedure due-process fifth-amendment judge-found-facts judicial-discretion jury-trial sentencing sentencing-enhancement sixth-amendment Whether the Fifth and Sixth Amendments prohibit severe increases to the sentences of criminal defendants using judge-found facts rejected by the jury
18-7181 Antonio Amar White v. United States Fifth Circuit 2018-12-27 Denied Response WaivedIFP dismissed-conduct district-court due-process judge-found-facts sentencing sixth-amendment sixth-amendment-violation unreasonable-sentence Whether Petitioner's sentence violated the Sixth Amendment
18-5258 Howell Miller v. United States Second Circuit 2018-07-18 Denied Response WaivedIFP appellate-procedure criminal-procedure due-process en-banc-review judge-found-facts judicial-fact-finding sentencing sentencing-guidelines sixth-amendment uniformity-of-decisions united-states-v-booker whether-a-drastically-increased-sentence-violates-the-sixth-amendment