judicial-fact-finding

49 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6491 Billy J. Wilkins v. United States Sixth Circuit 2026-01-06 Pending Response WaivedIFP criminal-procedure judicial-fact-finding right-to-jury right-to-silence second-amendment sixth-circuit I. Is the Sixth Circuit Court of Appeals ruling in United States v. Williams, 113 F.4th 637 (6th Cir. 2024) unconstitutional because it allows a judge…
25-5912 David Everette v. New York New York 2025-10-20 Denied IFP apprendi-rule criminal-procedure judicial-fact-finding persistent-felony-offender sentencing-enhancement sixth-amendment Since deciding that the fact of a prior conviction can "authorize" a longer sentence, Almendarez-Torres v. United States, 523 U.S. 224, 246 (1998), th…
25-5720 Gregory Bartunek v. United States Eighth Circuit 2025-09-24 Denied Response WaivedRelisted (2)IFP constitutional-rights criminal-procedure due-process judicial-fact-finding jury-trial sentencing Whether the rights of due process and to a jury trial are violated when courts impose sentences that, but for a judge-found fact, would be higher than…
24-6879 Zachary Michael Linan v. United States Fifth Circuit 2025-03-27 Denied Response WaivedIFP constitutional-rights criminal-procedure fifth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment Did the Fifth Circuit err in affirming the district court's application of sentencing guidelines in a manner that expands judicial fact-finding beyond…
24-6306 Willems Calixte, Jr. v. United States Eleventh Circuit 2025-01-14 Denied Response WaivedIFP armed-career-criminal criminal-history judicial-fact-finding sentencing-enhancement shepard-documents supreme-court-precedent Whether Petitioner Calixte was properly sentenced as an armed career criminal under Erlinger v. United States when the district court relied on Shepar…
24-6114 Davis Ennis v. United States Fifth Circuit 2024-12-10 Denied Response WaivedIFP conspiracy-statute drug-quantity judicial-fact-finding mandatory-minimum rule-of-lenity sixth-amendment Whether judicial fact-finding of drug quantity for an enhanced mandatory minimum sentence violates the Sixth Amendment when the defendant and governme…
24-5906 John Esposito v. Shawn Emmons, Warden Georgia 2024-11-04 Denied IFP capital-punishment constitutional-review due-process habeas-corpus judicial-fact-finding jury-misconduct Does the Due Process Clause require a more rigorous standard of review for judicial fact-finding beyond Georgia's 'any evidence' standard?
23-7819 LaShonda O'Neill v. United States Fifth Circuit 2024-06-28 Denied Response WaivedIFP abuse-of-discretion alleyne-v-united-states drug-quantities fifth-amendment harmless-error judicial-fact-finding plain-error sentencing-enhancement sixth-amendment Whether the Fifth Circuit Court of Appeals erred in its review of the District Court's fact-finding and sentencing enhancements
23-5678 Jasper Michael Wagner v. United States Fifth Circuit 2023-10-02 Denied Response WaivedIFP circuit-court-interpretation constitutional-law criminal-history criminal-procedure descamps-v-united-states gall-v-united-states judicial-fact-finding sentencing sentencing-guidelines sixth-amendment united-states-v-hernandez Whether judicial fact-finding as to past offenses during sentencing violates precedent and the Sixth Amendment
23-95 Philip Esformes v. United States Eleventh Circuit 2023-08-02 Denied attorney-client-privilege criminal-procedure disqualification forfeiture judicial-fact-finding prejudice prosecutorial-misconduct sixth-amendment Whether a criminal defendant must show actual prejudice to establish a Sixth Amendment violation warranting dismissal of the indictment or disqualific…
22-6450 Dedrevionus C. Williams v. Florida Florida 2023-01-04 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process judicial-fact-finding jury-trial preponderance-standard sentencing sentencing-enhancement statutory-interpretation Does Florida's Statute §775.082(9) Prison Releasee Reoffender sentence violate a defendant's U.S. Constitutional rights per this Court's holdings in A…
22-5480 Manuel Ralios-Chajal v. United States Fifth Circuit 2022-08-31 Denied Response WaivedIFP constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
22-5448 Roger C. Cassidy v. Florida Florida 2022-08-25 Denied Response WaivedIFP civil-rights constitutional-law criminal-defendant due-process equal-protection judicial-fact-finding judicial-review mandatory-sentencing preponderance-of-evidence prior-conviction sentencing-exposure standing Whether the lower court erred in its interpretation and application of the Fourteenth Amendment's Due Process Clause
21-8076 Siva K. Durbesula v. United States Fourth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release Whether the Sixth Amendment requires a jury rather than a judge to determine facts which are used to apply enhanced punishments including the period o…
21-7078 Jawan Fortia v. United States Fifth Circuit 2022-02-09 Denied Response WaivedIFP circuit-split civil-rights drug-trafficking due-process interstate-commerce judicial-fact-finding racketeering rico-act taylor-v-united-states Whether the government can obtain a RICO conviction without proving the targeted enterprise's activities affected interstate commerce, if members enga…
21-6570 Bo Jack Kelley v. United States Fifth Circuit 2021-12-13 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
21-6289 Norris Deshon Andrews v. United States Eighth Circuit 2021-11-16 Denied IFP armed-career-criminal-act judicial-fact-finding jury-trial jury-trial-rights predicate-crimes predicate-crimes-of-violence sentencing sixth-amendment Whether the sentencing court violated Petitioner's Sixth Amendment jury trial rights
21-6087 Maria Vargas-Luna v. United States Fifth Circuit 2021-10-26 Denied Response WaivedIFP advisory-guidelines criminal-law criminal-procedure drug-conspiracy fact-finding judicial-fact-finding jury-trial-right reasonable-doubt sentencing sentencing-guidelines sixth-amendment Whether Petitioner's sentence violates the Sixth Amendment
21-5923 Deonte Kinwan McCoy v. Michigan Michigan 2021-10-08 Denied IFP constitutional-rights due-process fair-trial ineffective-assistance judicial-fact-finding jury-selection reasonable-doubt sufficiency-of-evidence Was the evidence insufficient to convict Mr. McCoy of each offense, and should this court reverse his convictions pursuant to federal and state consti…
21-5754 Cedrin Farodd Carter v. United States Eleventh Circuit 2021-09-22 Denied IFP armed-career-criminal-act criminal-procedure different-occasions judicial-fact-finding jury-fact-finding prior-conviction sentencing-enhancement sixth-amendment Is a different-occasions finding under the Armed Career Criminal Act confined to matters essential to the fact of a prior conviction?
20-8330 Ilmane Charone Campas Strong v. United States Fifth Circuit 2021-06-16 Denied Response WaivedIFP commerce-clause constitutional-law criminal-law criminal-procedure due-process federal-jurisdiction firearms judicial-fact-finding mandatory-minimum sixth-amendment supervised-release Whether 18 U.S.C. §922(g) permits conviction for the possession of any ammunition that has ever crossed state lines at any time in the indefinite past…
20-8211 Christian M. Allmendinger v. United States Fourth Circuit 2021-06-03 Denied Response WaivedIFP acquitted-conduct criminal-procedure due-process fifth-amendment judicial-fact-finding jury-trial reasonable-doubt sentencing-guidelines sixth-amendment witte-v-united-states Whether the Fifth and Sixth Amendments forbid sentencing guidelines from enhancing the presumed reasonable punishment for an offense, unless the facts…
20-7369 Antonia Janai Hickmon v. United States Fifth Circuit 2021-03-08 Denied Response WaivedIFP constitutional-law criminal-procedure due-process federal-sentencing judicial-fact-finding jury-trial reasonable-doubt sentencing Whether facts that affect the minimum or maximum reasonable federal sentence must be proven to a jury beyond a reasonable doubt?
20-1136 Peter Capote v. Alabama Alabama 2021-02-19 Denied 6th-amendment aggravating-circumstances capital-punishment death-penalty judicial-fact-finding judicial-weighing jury-trial mitigating-circumstances sentencing-scheme sixth-amendment Whether the Alabama death penalty sentencing scheme violates a defendant's Sixth Amendment right to a jury trial
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…
20-6837 Jacob Ray Owens v. United States Fifth Circuit 2021-01-12 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure drug-crimes fact-finding judicial-fact-finding methamphetamine-distribution plea-agreement plea-bargaining sentencing sentencing-guidelines sixth-amendment Whether Petitioner's sentence violates the Sixth Amendment
20-6519 Julian Mondragon-Hernandez, aka David Rojas, et al. v. United States Ninth Circuit 2020-12-03 Denied Response WaivedIFP alternative-elements conviction criminal-procedure factual-findings judicial-fact-finding judicial-review jury-instructions jury-verdict mandatory-minimum-sentences mandatory-minimums sentencing sufficiency-of-evidence When a jury verdict allows for alternative elements of conviction, may courts review the evidence and make factual findings to uphold the conviction a…
20-5770 David A. Bridgewater v. United States Seventh Circuit 2020-09-23 Denied Response WaivedIFP apprendi-rule dismissed-conduct due-process fifth-amendment judicial-fact-finding sentencing sentencing-guidelines sixth-amendment substantive-reasonableness Whether the Fifth and Sixth Amendments prohibit a court from relying solely on dismissed conduct to impose an otherwise substantively unreasonable sen…
19-8702 Billy Edward Sedberry v. United States Fifth Circuit 2020-06-15 Denied Response WaivedIFP base-offense-level criminal-procedure drug-quantity judicial-fact-finding jury-trial methamphetamine sentencing sentencing-guidelines sixth-amendment Whether the district court procedurally erred in miscalculating Sedberry's drug quantity base offense level
19-8088 Antonio Rodrigues v. Massachusetts Massachusetts 2020-03-24 Denied IFP constitutional-due-process criminal-element due-process felony-murder judicial-determination judicial-fact-finding maximum-sentence predicate-felony sentencing sufficiency-of-evidence trial-evidence Does the Constitution prohibit a State to define a crime to include an element that is to be decided by a judge without evidence; and where the State …
19-7515 Andy Nguyen v. California California 2020-01-31 Denied Response WaivedIFP alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentences consecutive-sentencing criminal-procedure criminal-sentencing judicial-fact-finding preponderance-of-evidence sentencing stare-decisis Should the Court reconsider its majority opinion in Oregon v. Ice
19-824 Lonnie Lee Owens v. Mike Parris, Warden Sixth Circuit 2019-12-31 Denied Response Waived blakely-error compromise-verdict disputed-facts harmless-error judicial-fact-finding sentencing-enhancement sixth-circuit-review subjective-assessment witness-credibility Whether a Blakely error is harmless when the jury returned a compromise verdict and the sentencing enhancement at issue required a subjective assessme…
19-7118 Calvin Buffington v. United States Seventh Circuit 2019-12-31 Denied Response WaivedIFP criminal-procedure drug-quantity due-process judicial-fact-finding section-3582 section-3582(c)(2) sentence-reduction sentencing-guidelines sentencing-guidelines-3582(c)(2) statutory-interpretation Whether the district court's failure to find a drug quantity when adopting PSR in its entirety authorized it to select a new quantity as a basis for t…
19-6644 Darrell Freeze v. United States Fifth Circuit 2019-11-15 Denied Response WaivedIFP 5th-amendment 6th-amendment criminal-procedure due-process federal-courts federal-sentencing fifth-amendment judicial-fact-finding sentencing sixth-amendment substantive-reasonableness Whether the Fifth and Sixth Amendments permit judges to find the facts necessary to support an otherwise substantively unreasonable federal sentence
19-6049 Lawrence T. Tyler v. United States Fifth Circuit 2019-09-24 Denied Response WaivedIFP collateral-consequences coram-nobis criminal-sentencing deportation fact-finding fourth-amendment habeas-corpus ineffective-assistance-of-counsel judicial-fact-finding jury-trial loss-amount reasonable-doubt search-and-seizure sixth-amendment Whether a Certificate-Of-Appealability should be granted
19-5893 Melissa Pfeiffer v. Massachusetts Massachusetts 2019-09-10 Denied IFP conscious-disregard-for-risk criminal-law felony-murder inherent-dangerousness inherently-dangerous inherently-dangerous-felony judicial-determination judicial-fact-finding jury-instructions malice-aforethought massachusetts-law presumption-of-malice sentencing Whether the judge or the jury decides the issue of intent in a second-degree felony murder case where the underlying felony is inherently dangerous as…
19-5630 Roosevelt Stolden v. California California 2019-08-20 Denied Response WaivedIFP alleyne-v-united-states apprendi-rule apprendi-v-new-jersey consecutive-sentencing criminal-procedure criminal-sentencing due-process judicial-fact-finding preponderance-of-evidence sentencing sentencing-guidelines stare-decisis Should the Court reconsider its majority opinion in Oregon v. Ice
19-5522 Berson Marius v. United States Eleventh Circuit 2019-08-08 Denied Response WaivedIFP criminal-procedure due-process factual-proffer ineffective-assistance ineffective-assistance-of-counsel judicial-conduct judicial-fact-finding plea-bargaining rule-11 Whether the district court judge can elicit additional facts during a factual proffer
18-9117 Scotty Garnell Morrow v. Benjamin Ford, Warden Georgia 2019-05-02 Denied IFP death-penalty death-sentence due-process eighth-amendment fourteenth-amendment hurst-v-florida judicial-fact-finding jury-trial jury-unanimity ring-v-arizona sentencing sixth-amendment Does a death sentence imposed by a judge who made fact-findings not made unanimously by the jury who recommended a death sentence comport with Hurst a…
18-9006 Donald Ray Boles v. United States Second Circuit 2019-04-26 Denied Response WaivedIFP appellate-review apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-fact-finding judicial-precedent prior-conviction prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment Whether the holding of Almendarez-Torres v. United States should be reconsidered
18-8992 Charles Lorraine v. Ohio Ohio 2019-04-25 Denied IFP capital-punishment death-penalty death-sentence eighth-amendment judge-sentencing judicial-fact-finding jury-trial jury-verdict sixth-amendment spaziano-v-florida Is Ohio's death penalty scheme unconstitutional under Hurst v. Florida?
18-8854 Steve Zinnel v. United States Ninth Circuit 2019-04-16 Denied Response WaivedIFP bankruptcy-fraud bankruptcy-schedules constructive-amendment due-process fifth-amendment fourteenth-amendment judicial-fact-finding sentencing-guidelines sixth-amendment stirone-v-united-states wamu-personal-checking-account Whether there was an unconstitutional constructive amendment or prejudicial variance
18-8763 Terry Walker v. United States Seventh Circuit 2019-04-09 Denied Response WaivedIFP criminal-procedure due-process judicial-fact-finding jury-finding jury-trial plea-agreement plea-bargaining recharaterization sentencing sixth-amendment statutory-interpretation Can a sentencing court consistent with the Sixth Amendment recharacterize a defendant's conviction into conduct that was neither found by a jury or ju…
18-8670 Demetrius Terrence Frazier v. Alabama Alabama 2019-04-02 Denied IFP capital-punishment capital-sentencing constitutional-interpretation cruel-and-unusual-punishment death-penalty death-penalty-sentencing due-process equal-protection judicial-fact-finding jury-fact-finding jury-sentencing jury-trial retroactive-rule retroactivity sixth-amendment Does Alabama's capital sentencing statute violate Hurst v. Florida?
18-8016 James Goff v. Ohio Ohio 2019-02-19 Denied IFP capital-punishment death-penalty hurst-v-florida judicial-fact-finding jury-trial mitigation-evidence resentencing sentencing sixth-amendment Is a trial judge's independent weighing of new mitigation evidence and imposition of the death penalty at a resentencing hearing unconstitutional unde…
18-6817 Michael Albert Focia v. United States Eleventh Circuit 2018-11-26 Denied Response WaivedIFP criminal-procedure due-process judge-vs-jury judicial-fact-finding jury-instructions jury-trial obstruction-of-justice pro-se sentence-enhancement sentencing separation-of-powers sixth-amendment Whether the court's instructions to the jury violated the Separation of Powers doctrine
18-6165 Paul E. Rinehart v. Ohio Ohio 2018-10-02 Denied Response WaivedIFP apprendi-v-new-jersey criminal-procedure due-process judicial-fact-finding jury-trial sentencing-enhancement sentencing-guidelines sixth-amendment trial-by-jury Can a trial court enhance a defendant's sentence(s) to more than the minimum sentence upon judicial fact finding from a judge rather than the findings…
18-5496 Alfredo Perez, Jr. v. California California 2018-08-07 Denied Response WaivedIFP apprendi-doctrine apprendi-v-new-jersey constitutional-interpretation criminal-sentencing due-process judicial-fact-finding judicial-findings jury-trial resentencing sentencing sixth-amendment three-strikes-law Does the federal constitution, as construed in Apprendi v. New Jersey, permit a court to find a defendant ineligible for resentencing based on judicia…
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