plea-agreement

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6808 William Loggins, Jr. v. Kansas Kansas 2026-02-13 Pending IFP constitutional-rights due-process ex-post-facto plea-agreement pro-se-pleading sentencing-guidelines 1. Whether a state court judge must adhere to the principle that a pro se pleading must be construed liberally? 2. Whether the trial judge misconstru…
25-6731 Keith Lashon Bell v. United States Fourth Circuit 2026-02-05 Pending IFP appellate-waiver consideration contract-law criminal-procedure judicial-interpretation plea-agreement Whether general contract principles, such as the requirement of consideration, and negotiated exclusive remedies, apply to the enforcement of appellat…
25-6710 Jose Ramon Castillo-Lopez v. United States Fifth Circuit 2026-02-04 Pending IFP appellate-waiver federal-sentencing fifth-circuit guilty-plea plea-agreement withdrawal-of-plea 1. Based on his plea agreement's boilerplate waiver of most appellate rights, the Fifth Circuit dismissed Petitioner's challenge to his federal senten…
25-6633 Leihinahina Sullivan v. United States Ninth Circuit 2026-01-21 Pending Response WaivedIFP criminal-history district-court plea-agreement sentence-adjustment sentencing-guidelines status-points &ivn(<)WineVViev' be ^-zmled sendee reducho-n uvtdeK ■sfetfus points Amendment &aJ aiad -WnaA' unde« IS U.SZ. Z&SSfa'fte) 7 reaumnq-toe Court to ronf…
25-6577 Charles Denard Milbry v. Florida Florida 2026-01-14 Pending Response WaivedIFP constitutional-defect ex-post-facto habeas-corpus judicial-discretion plea-agreement sentencing-guidelines Petitioner played a relatively minor role in his acceptance of plea. A trial judge was assigned to petitioner's case when it was filed in 1996 and pre…
25-6583 John Hotaling v. United States Second Circuit 2026-01-14 Pending Response WaivedIFP breach-of-contract criminal-procedure due-process plea-agreement santobello-standard sentencing-guidelines Whether the government breaches a plea agreement, and violates due process under Santobello v. New York, 404 U.S. 257 (1971), when it enters into an a…
25-6555 Fredrick Dontae Slade v. United States Fourth Circuit 2026-01-13 Pending IFP appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement 1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT?
25-6526 Johnny Ray Walls-Bey v. Arizona Arizona 2026-01-08 Pending Response WaivedIFP brady-rule due-process false-testimony napue-violation plea-agreement prosecutorial-misconduct (1) Where State Prosecutors knowingly used and failed to correct false sworn testimony in connection with the plea such as at the plea colloquy, in …
25-6488 Matthew Jones v. Dave Yost, Attorney General of Ohio Sixth Circuit 2026-01-06 Pending IFP criminal-procedure due-process plea-agreement plea-offer right-to-counsel sixth-amendment The first question presented is : Should the Sixth Amendment right to counsel attach at the moment an accused is confronted by his expert adversary w…
25A742 Shameek J. Halls v. United States Second Circuit 2025-12-23 Application bureau-of-prisons criminal-procedure judicial-review plea-agreement second-circuit summary-order Question not identified.
25-6411 Gregory Johnson, Jr. v. United States Fifth Circuit 2025-12-22 Pending IFP appeal-waiver appellate-review criminal-procedure due-process miscarriage-of-justice plea-agreement Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and…
25-6389 Kingsley Ita v. United States Fifth Circuit 2025-12-16 Pending IFP appeal-waiver circuit-split criminal-procedure due-process plea-agreement sentencing-procedure I. Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing co…
25-6308 Johnny Joe Figueroa-Mangual v. United States First Circuit 2025-12-08 Denied Response WaivedIFP constitutional-rights eighth-amendment fifth-amendment plea-agreement sentencing-guidelines sixth-amendment Whether it was a violation to the Fifth, Sixth and Eighth Amendment of the U.S. Constitution, the sentencing factors enshrined in 18 U.S.C. 3553 (a) a…
25-6269 Lairon Graham v. United States Second Circuit 2025-12-02 Pending IFP appellate-procedure circuit-split due-process ineffective-assistance party-presentation plea-agreement 1. Whether the right to due process on appeal is violated where, despite a criminal defendant-appellant's repeated invocations of the party presentati…
25-601 Ralston Brown v. Mellekas, Police Officer, et al. Second Circuit 2025-11-24 Denied Response Waived constitutional-rights due-process judicial-estoppel megan's-law plea-agreement retroactive-statute Weather the Respondent violated the Petitioner Constitutional Rights By acting under color of law? Whether the New York Court of Appeals, overlooked …
25A594 Keith Lashon Bell v. United States Fourth Circuit 2025-11-20 Application appeal-waiver constitutional-exception criminal-procedure federal-sentencing habeas-corpus plea-agreement Whether appeal waivers in plea agreements can be enforced when exceptional circumstances or constitutional concerns arise
25A591 Nadarius Barnes v. United States Tenth Circuit 2025-11-19 Application appellate-rights circuit-split criminal-procedure guilty-plea plea-agreement waiver Whether a defendant who enters an unconditional guilty plea waives the right to challenge on appeal that the admitted facts do not constitute the char…
25-6136 Damien Antione Jones v. United States Fifth Circuit 2025-11-17 Pending IFP appellate-waiver collateral-review constitutional-rights criminal-procedure due-process plea-agreement Petitioner is serving a sentence for an offense that was later declared unconstitutional by this Court in United States v. Davis, 588 U.S. 445 (2019),…
25A552 Gregory Johnson, Jr. v. United States Fifth Circuit 2025-11-12 Application appeal-waiver career-offender circuit-split criminal-procedure plea-agreement sentencing-guidelines Whether a criminal defendant can knowingly and voluntarily waive the right to appeal a district court's sentencing errors as part of a plea agreement,…
25-6075 Derek Muñoz-Gonzalez v. United States First Circuit 2025-11-10 Denied Response WaivedIFP breach-of-contract criminal-procedure guideline-range plea-agreement prosecutorial-conduct sentencing-enhancement Whether the prosecution breached the plea agreement by vigorously advocating, at sentencing, for the application of two enhancements, that the parties…
25A469 Cedric Ray Jones v. United States Fifth Circuit 2025-10-24 Application appeal-waiver circuit-split collateral-review constitutional-vagueness plea-agreement section-924(c) Whether a defendant's general appeal waiver in a plea agreement can preclude challenges to a conviction based on an unconstitutionally vague statutory…
25-474 Justin Baggett v. Texas Texas 2025-10-17 Denied criminal-procedure due-process impeachment-evidence ineffective-assistance plea-agreement strickland-standard I. Whether trial counsel's failure to investigate and discover impeachment evidence against a key prosecution witness before a defendant accepts a ple…
25-5866 Davon Anthony Beckford v. United States Third Circuit 2025-10-10 Pending IFP miscarriage-of-justice plea-agreement sentencing-guidelines substantial-assistance third-circuit waiver-of-appeal 1. DOES ENFORCEMENT OF APPELLANT'S WAIVER OF APPEAL AND THE GOVERNMENT'S SUMMARY AFFIRMANCE MOTION OF MR. BECKFORD'S SENTENCE CONSITUTE A MISCARRIAGE …
25-384 Faisal Ashraf v. United States Ninth Circuit 2025-10-02 Denied Response Waived certificate-of-appealability due-process intervening-law ninth-circuit noncriminal-conduct plea-agreement Whether this Court should grant, vacate, and remand the Ninth Circuit's denial of a certificate of appealability for the plainly substantial issue of …
25-5696 Anatole Mbe v. United States Ninth Circuit 2025-09-22 Pending IFP appeal-waiver criminal-procedure legal-error plea-agreement restitution sentencing Did petitioner's appeal waiver as part of his plea agreement preclude an appeal challenging the amount imposed for restitution on grounds that the gov…
25-5669 Stanislav Steven Yelizarov v. United States Fourth Circuit 2025-09-17 Denied Response WaivedIFP actual-innocence appeal-waiver ineffective-counsel miscarriage-of-justice plea-agreement resentencing When a criminal defendant is resentenced after a conviction is vacated because he is actually innocent of the charge, does an appeal waiver in the ple…
25-5620 Terry Duane Qualls v. United States Eighth Circuit 2025-09-12 Pending IFP appeal-waiver categorical-approach controlled-substances-act due-process plea-agreement sentencing Whether an appeal waiver applies when the sentencing judge advises the defendant that he has the right to appeal and the government does not object.
25-5609 Jackie Kavaskia McMillan v. United States Eleventh Circuit 2025-09-11 Pending IFP appeal-waiver district-court illegal-sentence jurisdictional-challenge plea-agreement sentencing While "jurisdictions appear to treat at least some claims as unwaivable" via an appeal waiver in a plea agreement, this Court has not yet decided "wha…
25-5520 Dennis Wilson v. United States Seventh Circuit 2025-09-02 Denied Response WaivedIFP criminal-trial due-process fundamental-rights plea-agreement rights-to-counsel sentencing Whether the predicted outcome and the potential sentence faced by Mr. Wilson, should he be convicted at trial, is to be compared to the plea agreement…
25-5387 Robert Narvett v. United States Seventh Circuit 2025-08-18 Denied Response WaivedIFP appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement rule-11-hearing Did the Appeals Court error by claiming Movants substantial rights were not affected after conceeding that the District Court accepted the Movants ple…
25-5362 Nathaniel Blancher v. United States Eleventh Circuit 2025-08-14 Denied Response WaivedIFP constitutional-rights criminal-procedure evidentiary-hearing guilty-plea ineffective-assistance plea-agreement Whether a guilty plea becomes knowing, intelligent, and voluntary when the plea agreement inaccurately describes the penalty provision of the statute …
25-5211 Kareem Muhammad v. United States Fifth Circuit 2025-07-28 Denied Response WaivedIFP court-of-appeals defendant-expectations four-corners judicial-review plea-agreement plea-bargaining The overwhelming majority of criminal cases are resolved by plea bargaining. However, how these agreements are interpreted lacks uniformity in the cou…
25A99 Carlos Daniel Canario-Vilomar v. United States Eleventh Circuit 2025-07-24 Presumed Complete criminal-prosecution drug-conspiracy eleventh-circuit maritime-drug-law plea-agreement vessel-jurisdiction Question not identified.
25-5154 Elijah Muhammad v. United States Fifth Circuit 2025-07-21 Denied Response WaivedIFP appellate-review breach-of-contract criminal-procedure due-process four-corners-doctrine plea-agreement 1. Whether a court should only look at the "four corners" of the plea agreement language when determining whether a breach of the plea agreement occur…
25-5099 Franklin Ray v. United States Second Circuit 2025-07-15 Denied Response WaivedIFP actual-innocence appeal-waiver due-process plea-agreement sixth-amendment statutory-interpretation After this Court re-interpreted the Aggravated Identity Theft statute in Dubin v. United States, 599 U.S. 110, 132 (2023), Petitioner was factually in…
25-5031 Michael Odom v. United States Eighth Circuit 2025-07-03 Denied Response WaivedIFP appeal-waiver circuit-consensus due-process fifth-amendment plea-agreement sentencing-proceedings 1. Whether the near consensus determination by the various Circuits to accept appeal waivers in plea agreements that extend to subsequent sentencing p…
24-7478 Shaquan Dannard McCall v. United States Fourth Circuit 2025-06-23 Denied Response WaivedIFP appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement?
24-1293 Brett Morris McAlpin v. United States Fifth Circuit 2025-06-18 Denied Response WaivedRelisted (2) appellate-review circuit-split contract-law due-process plea-agreement sentencing-reform Should an appeal waiver in a plea agreement be enforced when the plea agreement confers no benefit on the defendant in exchange for his guilty plea, t…
24A1249 Andrew Charles Beard v. United States Fifth Circuit 2025-06-17 Presumed Complete constitutional-challenge crime-of-violence cyberstalking direct-appeal plea-agreement sentencing-enhancement Whether a cyberstalking conviction under 18 U.S.C. § 2261A(2) categorically qualifies as a 'crime of violence' for sentencing enhancement purposes
24-7357 Christopher Scott Jones v. United States Fourth Circuit 2025-06-05 Denied Response WaivedIFP criminal-procedure due-process fourth-circuit obstruction-enhancement plea-agreement sentencing-guidelines Whether the Fourth Circuit erred in accepting a plea agreement where the defendant was not adequately informed of material provisions, and whether the…
24-7166 David Eugene Rush, Jr. v. United States Sixth Circuit 2025-05-09 Denied Response WaivedIFP appeal-waiver consideration constitutional-rights criminal-procedure due-process plea-agreement Whether an appeal-waiver provision in a plea agreement is enforceable when the agreement provides no actual benefit to the defendant beyond what he wo…
24-7132 Donovan Jacob Farr v. Texas Texas 2025-05-05 Denied Response WaivedIFP constitutional-validity criminal-procedure due-process effective-assistance-of-counsel guilty-plea plea-agreement Did the state court disregard this Court's precedent by upholding the constitutional validity of a guilty plea despite recognizing that undisputed fac…
24-7118 Enrique Diaz v. Ricky Dixon, Secretary, Florida Department of Corrections, et al. Florida 2025-05-02 Denied IFP amendment-violation constitutional-rights due-process habeas-corpus judicial-review plea-agreement Whether the Third District's decision disallowing Diaz's use of habeas corpus violates his constitutional right to court access and challenges an alle…
24-1073 Ghislaine Maxwell v. United States Second Circuit 2025-04-14 Denied Amici (1) contract-interpretation district-court federal-prosecutors plea-agreement prosecutorial-promise santobello-principle Under Santobello and common principles of contract interpretation, does a promise on behalf of the 'United States' or the 'Government' that is made by…
24-6814 Jason Johnson v. United States Sixth Circuit 2025-03-20 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure illegal-sentence plea-agreement sentencing-law Did the appeal waiver in Petitioner's plea agreement foreclose an appeal claiming that his sentence was illegal on its face and could not lawfully be …
24-6630 Amado De La Mora Cardenas v. United States Ninth Circuit 2025-02-24 Denied Response WaivedRelisted (2)IFP appellate-waiver criminal-defendant district-court legal-error plea-agreement sentencing-guidelines Whether a criminal defendant may prospectively waive the right to appeal the District Court's legal errors in applying the Use of a Minor Specific Off…
24-6572 Victor Rivera v. United States Second Circuit 2025-02-14 Denied Response WaivedIFP appellate-review breach-of-agreement plain-error plea-agreement second-circuit sentencing Did the Second Circuit err by requiring Petitioner to object with specificity at sentencing and identify a particular provision of the plea agreement …
24-6575 Marshall Ray Scarborough v. United States Fourth Circuit 2025-02-14 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement sentencing Was it error for the Fourth Circuit to enforce Mr. Scarborough's appeal waiver to bar his sentencing appeal, and should this Court grant certiorari an…
24-6543 Devin Chaney v. United States Fifth Circuit 2025-02-11 Pending Response RequestedResponse WaivedRelisted (4)IFP appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-agreement sentencing-error Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and…
24A773 Munson P. Hunter, III v. United States Fifth Circuit 2025-02-11 Presumed Complete appeal-waiver circuit-split constitutional-challenge criminal-procedure plea-agreement sentencing-rights Whether a criminal defendant's appeal waiver in a plea agreement can be invalidated by a sentencing judge's statement about the right to appeal or by …
24-6505 Jerome Jones v. United States Fifth Circuit 2025-02-07 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal-waiver circuit-split criminal-procedure plea-agreement sentencing-error statutory-right Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made errors as part of his plea agreemen…
24A758 Jonathan Stacy Berrier v. United States Eighth Circuit 2025-02-04 Presumed Complete criminal-procedure factual-basis interstate-travel plea-agreement sentencing-variance sex-offense Whether a defendant's disputed factual assertions during a plea colloquy can preclude a substantial upward variance based on the government's uncontro…
24-6461 David James Lack v. Dr. Posner, et al. Ninth Circuit 2025-02-03 Denied Response WaivedIFP constitutional-rights due-process medical-treatment plea-agreement prison-conditions speedy-trial Was the Trial Court in Violation of the Plaintiffs State and Federal Speedy-Trial Rights, Defendant's Medical Treatment, and Due Process Rights by For…
24-6441 David Joseph Bunevacz v. United States Ninth Circuit 2025-01-31 Denied Response WaivedIFP criminal-history due-process government-breach plea-agreement sentencing-guidelines upward-variance Whether the government's breach of a plea agreement by requesting legally invalid sentencing enhancements and advocating for an upward departure warra…
24A709 Ghislaine Maxwell v. United States Second Circuit 2025-01-17 Presumed Complete circuit-split criminal-procedure district-court federal-jurisdiction plea-agreement prosecutorial-discretion Whether a plea agreement entered in one federal district court is binding on federal prosecutors in other districts when resolving potential criminal …
24-6261 Thaddeus J. Culpepper v. United States Ninth Circuit 2025-01-10 Denied Response WaivedIFP appellate-waiver constitutional-rights guilty-plea plea-agreement pretrial-detention voluntariness Does an appellate waiver in a plea agreement, that specifically excepts challenges to the voluntariness of a guilty plea, bar the appellate argument t…
24A669 Dajuan Martin v. United States Fifth Circuit 2025-01-08 Presumed Complete criminal-statute fifth-circuit firearm-possession plea-agreement prohibited-person sentencing Whether a conviction under 18 U.S.C. § 922(g) for possession of a firearm by a prohibited person satisfies the elements of a substantive federal crimi…
24-6253 Victor Clayton v. United States Third Circuit 2025-01-08 Denied Response WaivedIFP criminal-procedure motion-to-dismiss motion-to-withdraw plea-agreement rule-12 sex-trafficking Did the district court err in denying defendant's motion to dismiss under Rule of Criminal Procedure 12(b)(3) for sex trafficking charges and did the …
24-6215 Liston Watson v. United States Sixth Circuit 2024-12-30 Denied Response WaivedIFP 28-usc-2255 criminal-procedure effective-assistance-of-counsel federal-conviction plea-agreement post-conviction-relief Whether the right to effective assistance of counsel attaches during a 28 U.S.C. §2255 proceeding when counsel is communicating a plea agreement to th…
24-6106 In Re Freeman William Stanton 2024-12-10 Denied IFP concurrent-sentences guilty-plea ineffective-counsel mental-disability plea-agreement resentencing Whether the petitioner is entitled to resentencing based on ineffective counsel, plea agreement terms, and mental disability claims
24-6081 Christopher Zamarripa v. United States Fifth Circuit 2024-12-05 Denied Response WaivedIFP appeal-waiver criminal-procedure effective-assistance-of-counsel plea-agreement sentencing sixth-amendment Whether Zamarripa was denied effective assistance of counsel under the Sixth Amendment when his counsel advised him to accept a plea agreement that wa…
24-6072 John Rogers v. United States Ninth Circuit 2024-12-04 Denied Response WaivedIFP criminal-procedure defendant-conduct Does U.S.S.G. §3E1.1 apply when a defendant has vo plea-agreement sentencing-guidelines sentencing-reduction voluntary-termination Whether the two clauses in 18 U.S.C. §924(c) creates two separate crimes or a single crime and whether the conflation of the elements of the two disti…
24-6060 Albert Trampis Dogskin v. United States Ninth Circuit 2024-12-03 Denied Response WaivedIFP appeal-waiver circuit-split false-information judicial-discretion plea-agreement sentencing-error Whether there is an exception to an appeal waiver in a plea agreement where the district court relied on false or unreliable information in sentencing
24-590 Brian Kelsey v. United States Sixth Circuit 2024-12-02 Denied Amici (1)Response Waived appellate-review circuit-split error-preservation judicial-procedure plea-agreement preservation-standard What must one say to preserve an error for appellate review and does Holguin-Hernandez apply beyond sentencing reasonableness?
24-6011 Harry Lee Goldsboro, II v. Florida Florida 2024-11-21 Denied IFP constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement post-conviction Whether a post-conviction motion challenging a plea agreement's validity can be considered when new evidence of ineffective assistance of counsel emer…
24A486 Jeremy Young Hutchinson v. United States Eighth Circuit 2024-11-15 Presumed Complete ineffective-assistance plea-agreement prosecutorial-misconduct rule-11 sentencing-guidelines sentencing-recommendation Whether Rule 11(c)(1)(B) requires the government to either recommend or not oppose a defendant's sentencing recommendation, or permits the government …
24-5972 Alex N. Morales-Velez v. United States First Circuit 2024-11-14 Denied Response WaivedIFP criminal-procedure ineffective-assistance mandatory-minimum plea-agreement sentencing-recommendation strickland-standard Whether defense counsel's failure to object to a sentencing recommendation constitutes ineffective assistance of counsel under Strickland v. Washingto…
24-5819 Oscar Robinson v. United States Eleventh Circuit 2024-10-24 Denied Response WaivedIFP appellate-review criminal-procedure plain-error plea-agreement sentencing substantial-rights Whether a criminal defendant meets the substantial rights prong of plain error review when sentence differences on separate counts would change absent…
24-5794 Juan Daniel Sierra-Jimenez v. United States First Circuit 2024-10-21 Denied Response RequestedResponse WaivedRelisted (2)IFP breach-of-agreement circuit-split plain-error-rule plea-agreement prejudice-prong sentencing-review Whether a Circuit Split exists related to how lower courts examine Defendants' compliance with the third prong of the plain error rule in cases involv…
24-5739 Christopher Lee Parker v. United States Fifth Circuit 2024-10-10 Denied Response WaivedIFP due-process fifth-amendment first-amendment internet-restriction plea-agreement supervised-release Whether the Fifth Circuit erred by dismissing Mr. Parker's appeal based on the waiver of appeal provisions in his Plea Agreement
24-5714 Gerardo Farias-Contreras v. United States Ninth Circuit 2024-10-07 Denied Response RequestedResponse WaivedRelisted (4)IFP circuit-court-variation criminal-procedure government-breach plain-error-review plea-agreement sentencing-recommendation Does plain-error review of a government's plea agreement breach focus on the scope of commitments to determine if the breach constitutes a 'plain' err…
24A319 Hugo Rangel-Botello v. Texas Texas 2024-10-02 Presumed Complete counsel-performance criminal-procedure habeas-corpus ineffective-assistance plea-agreement sixth-amendment Whether the Sixth Amendment right to effective assistance of counsel was violated during a plea agreement due to counsel's failure to provide informed…
24-5685 Okwuchukwu Jidoefor v. United States Eighth Circuit 2024-10-01 Denied Response WaivedIFP circuit-court-interpretation contract-law criminal-procedure government-breach judicial-review plea-agreement Whether the Eighth Circuit's holding that a government breach of a plea agreement can be cured by a partial retraction conflicts with prior Supreme Co…
24-5600 Abimael Narvaez-Rosa v. United States First Circuit 2024-09-20 Denied Response WaivedIFP criminal-procedure first-circuit incarceration-term judicial-breach plea-agreement sentencing-error Whether the First Circuit erred in rejecting a sentencing claim when the district court and government breached a plea agreement by imposing a sentenc…
24-5580 Octavius Artis v. United States Fourth Circuit 2024-09-19 Denied Response WaivedIFP career-offender criminal-procedure factual-basis plea-agreement sentencing-guidelines voluntary-plea Whether the district court erred in sentencing Artis as a career offender and whether the plea was voluntary and supported by a factual basis
24-5558 Bryant D. Aron v. United States Seventh Circuit 2024-09-17 Denied Response WaivedIFP fairness-doctrine federal-criminal-procedure judicial-discretion plea-agreement review-standard sentencing Whether a district court's ambiguous status regarding a plea agreement under Fed. R. Crim. P. 11(c)(1)(C) should be considered accepted by a reviewing…
24-5490 Eric Michael Corder v. Shawn Straughn, Superintendent, Northern Correctional Center West Virginia 2024-09-09 Denied IFP constitutional-rights criminal-procedure defendant-hearing due-process legal-waiver plea-agreement Whether a state can constitutionally deny a defendant a hearing without formal waiver and whether a defendant can validly agree to plea terms without …
24-5371 In Re Eric Martin Matthews 2024-08-22 Denied IFP aedpa-constitutionality appellate-procedure habeas-corpus judicial-review plea-agreement subject-matter-jurisdiction Whether the Anti-Effective Death Penalty Act (AEDPA) remains constitutional after Jones v. Hendrix and its impact on subject matter jurisdiction and p…
24-5313 Tony Carr, aka Tony Carnell, aka Tony Coronel Carr, aka T-Bone v. United States Ninth Circuit 2024-08-13 Denied Response WaivedIFP attorney-general-memorandum crack-cocaine criminal-procedure fifth-amendment plea-agreement sentencing-guidelines Whether a defendant sentenced under pre-Garland memorandum crack cocaine sentencing guidelines is entitled to a remand for resentencing
24-5184 Alexander Kates v. Julie Wolcott, Superintendent, Attica Correctional Facility, et al. Second Circuit 2024-07-31 Denied Response WaivedIFP appellate-jurisdiction constitutional-law constitutional-validity habeas-corpus-petition ineffective-assistance-of-counsel judicial-review lackawanna-v-coss legal-procedure plea-agreement statutory-interpretation strickland-v-washington Whether the Court of Appeals for the Second Circuit should have issued the petitioner a Certificate of Appealability
24A71 Travis Adam Brown v. United States Fifth Circuit 2024-07-22 Presumed Complete ammunition-charge criminal-conviction felon-in-possession fifth-circuit plea-agreement sentencing Whether a felon's guilty plea to possessing ammunition precludes subsequent constitutional challenges to the underlying conviction or sentence
24-5082 Adam Sprenger v. United States Seventh Circuit 2024-07-16 Denied Response WaivedIFP change-in-law criminal-law due-process federal-statute legal-interpretation plea-agreement plea-bargaining sentencing statutory-interpretation Have the federal courts misinterpreted and misapplied 18 U.S.C. § 2251(a) et. seq. to encompass conduct neither proscribed nor enumerated in 18 U.S.C.…
24-5054 Amir Aqeel v. United States Fifth Circuit 2024-07-11 Denied Response WaivedIFP bias culpability due-process equal-justice fairness Involuntary-Plea-Agreement mandatory-guidelines nationality nationality-bias plea-agreement religion sentencing sentencing-disparity Violation-of-Policy-5H1.10 Sentencing-Disparity
24-5022 Angela J. Wells v. Illinois Illinois 2024-07-09 Denied IFP criminal-procedure domestic-violence due-process plea-agreement plea-bargain post-conviction-relief sentencing sentencing-relief statutory-interpretation victim-rights Should a domestic violence victim be eligible for relief under 735 ILCS 5/2-1401 even if she agrees to a plea bargain?
23-7812 Akohomen Ighedoise v. United States Eleventh Circuit 2024-06-27 Denied Response WaivedIFP 18-usc-3553(a) abuse-of-discretion due-process judicial-discretion mitigating-factors plea-agreement post-sentencing-rehabilitation prosecutorial-conduct sentencing-guidelines sentencing-guidelines-departure substantive-rights Whether a Judge Abuses his/her discretion when there is a determination that post-sentencing rehabilitative efforts are evidence of an attempt to dece…
23-7796 Stewart Bitman v. United States Eleventh Circuit 2024-06-25 Denied Response WaivedIFP 18-usc-2422(b) actual-innocence criminal-statute enticement ineffective-assistance ineffective-assistance-of-counsel minor minor-protection plea-agreement sentencing-guidelines statutory-interpretation Whether the petitioner is actually innocent of the counts of conviction
23-1309 Karnail Singh v. United States Sixth Circuit 2024-06-14 Denied Response Waived breach-of-plea-agreement coram-nobis corum-nobis due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement relief sixth-amendment Whether the denial of corum nobis relief was erroneous given that Petitioner suffered ineffective assistance of counsel
23-1288 Nicholas Newman v. United States Tenth Circuit 2024-06-10 Denied actual-innocence assault-federal-officer collateral-attack-waiver criminal-law-procedure criminal-procedure federal-criminal-law habeas-corpus plea-agreement statutory-interpretation tenth-circuit Whether reasonable jurists could debate whether assault on a federal officer under 18 U.S.C. § 111 can be committed by reckless contact with another p…
23-7630 Jamaal Elwood Dance v. United States Fourth Circuit 2024-06-04 Denied Response WaivedIFP appeal-waiver appellate-procedure constitutional-law contract-law criminal-procedure judicial-enforcement jurisdiction plea-agreement Was the appeal barred by the appeal waiver in the plea agreement?
23-7606 Tommy Tate Collins v. United States Eighth Circuit 2024-05-31 Denied IFP criminal-procedure district-court fair-and-just-standard government-breach judicial-discretion plea-agreement remedy santobello-v-new-york sentencing-remedy What is the appropriate test or what factors should a district court consider when determining the appropriate remedy, after an appellate court has fo…
23-7595 Daniel Levi v. United States Ninth Circuit 2024-05-30 Denied Response WaivedIFP appellate-waiver criminal-appeal due-process liberty-interest ninth-circuit plea-agreement sentencing-guidelines voluntary-consent Is an appellate waiver knowing and voluntary when the waiver's scope includes a sentence contrary to law and unauthorized by the United States Sentenc…
23-7573 Ryan Edward Offineer v. United States Tenth Circuit 2024-05-29 Denied Response WaivedIFP access-to-courts,equal-protection,right-to-counsel collateral-attack-waiver conclusory-pleadings,vague-pleadings,precedent constitutional-rights disparate-plea-terms,sentencing,eighth-amendment due-process equal-protection inaccurate-information,administrative-remedy,prese ineffective-assistance ineffective-assistance,defensive-strategies,guilty meritless-appeal,futile-appeal,right-to-appeal plea-agreement warrantless-search,computer-evidence,search-warran Plea-agreement-violation,contract-law,conflict-of-interest
23-7590 Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2024-05-29 Denied IFP brady-violation capital-punishment certificate-of-appealability due-process false-testimony habeas-corpus miller-el-standard plea-agreement prosecutorial-misconduct rule-60-motion Where reasonable jurists could debate whether a petitioner is entitled to Rule 60 relief where the State has concealed evidence
23A1064 Jamie Mills v. John Q. Hamm, Commissioner, Alabama Department of Corrections Eleventh Circuit 2024-05-29 Denied capital-trial due-process false-testimony habeas-corpus plea-agreement prosecutorial-misconduct Whether a defendant's due process rights are violated when the prosecution makes materially false statements about a key witness's plea agreement duri…
23-7571 Corey Goings v. United States Sixth Circuit 2024-05-28 Denied Response WaivedIFP appeal-rights appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining racial-discrimination sentencing Whether the Plea Agreement's general waiver of appeal rights included a waiver of appealing a sentence based on the impermissible factor of race
23A1055 Lani Lucas Limane, aka Lukasz Chad Limane v. United States Fifth Circuit 2024-05-28 Presumed Complete aggravated-identity-theft double-jeopardy enumerated-offense fifth-amendment plea-agreement wire-fraud Whether the Fifth Amendment's double jeopardy clause bars conviction for both aggravated identity theft and wire fraud when wire fraud serves as the p…
23-7542 Anthony Obute v. United States Fifth Circuit 2024-05-22 Denied Response WaivedIFP appellate-rights appellate-waiver controlled-substance criminal-procedure pharmacy-operations plea-agreement sentencing-enhancement statutory-interpretation Does a defendant's waiver of appellate rights in a plea agreement remain enforceable when the Presentence Investigation Report applies an enhancement …
23-7477 Joseph Ira Patterson, III v. United States Fourth Circuit 2024-05-15 Denied Response WaivedIFP appeal appellate-jurisdiction criminal-appeal criminal-procedure drug-possession due-process plea-agreement plea-bargain sentencing sentencing-enhancement waiver waiver-of-rights Whether a provision in a plea agreement which bars a defendant from appealing 'any sentence of imprisonment' can be knowingly entered into well before…
23-1193 Favion Lara v. Nebraska Nebraska 2024-05-06 Denied Response Waived breach-of-agreement criminal-procedure due-process government-breach plea-agreement police prosecutor prosecutorial-promise sentencing Where a plea agreement includes the prosecutor's promise that the State will recommend a particular sentence, does a police officer's recommendation o…
23-7265 Nicholas Stewart Hines v. South Dakota South Dakota 2024-04-19 Denied Response WaivedIFP criminal-procedure double-jeopardy due-process fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-considerations sixth-amendment Whether acquitted conduct or dismissed conduct pursuant to a plea can be argued and considered at sentencing
23-7223 Daquan Doral Carter v. United States Fourth Circuit 2024-04-15 Denied Response WaivedIFP appeal-waiver arraignment criminal-procedure district-court due-process merits-review plea-agreement plea-bargaining rule-11 sentencing Can the Government invoke an appeal waiver to preclude merits review of an appeal when the district court failed to specifically question the defendan…
23-7226 Michael Lee Villamonte v. United States Ninth Circuit 2024-04-15 Denied Response WaivedRelisted (2)IFP appellate-waiver circuit-split criminal-procedure due-process federal-courts miscarriage-of-justice plea-agreement plea-bargaining Did the Ninth Circuit's disposition of Petitioner's request to recognize a miscarriage of justice exception to the appellate waiver doctrine conflict …
23-7199 In Re Joseph R. Dickey 2024-04-11 Denied IFP 28-usc-2241 28-usc-2254 28-usc-2255 actual-innocence federal-prisoners habeas-corpus plea-agreement plea-bargaining prosecutorial-discretion statutory-interpretation Does 28 U.S.C. 2241(b)(1) apply to federal prisoners filing habeas corpus petitions under 28 U.S.C. 2255?
23A866 Nicholas Newman v. United States Tenth Circuit 2024-03-28 Presumed Complete assault-statute collateral-attack-waiver federal-officer mens-rea plea-agreement recklessness Whether a federal assault statute under 18 U.S.C. § 111 can be committed with a mens rea of recklessness rather than intentional conduct
23-7035 Anderson Garcia v. United States Second Circuit 2024-03-20 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi…
23A853 Christopher Dominguez v. United States Tenth Circuit 2024-03-20 Presumed Complete collateral-review crime-of-violence first-step-act ineffective-assistance plea-agreement section-924c Whether a defendant's guilty plea to a § 924(c) charge precludes collateral review of the underlying crime of violence in light of the Supreme Court's…
23-1022 Nancy Martin v. United States Tenth Circuit 2024-03-18 Denied Amici (1) appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining Whether a plea agreement's appeal waiver can bar a defendant from pursuing a claim that the plea rested on an inadequate factual basis
23-7002 Ayoob Wali v. United States Fifth Circuit 2024-03-15 Denied Response WaivedIFP appellate-review criminal-procedure federal-courts federal-criminal-law miscarriage-of-justice plea-agreement plea-bargaining sentencing waiver-of-appeal Should the court of appeals recognize a miscarriage-of-justice exception to a waiver-of-appeal provision in a federal criminal defendant's plea agreem…
23-7003 Kenneth Malik Wise v. United States Fourth Circuit 2024-03-15 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process fourth-circuit knowingly-waived plea-agreement sentencing sentencing-argument Did the United States Court of Appeals for the Fourth Circuit err by concluding that Appellant Kenneth Malik Wise knowingly and voluntarily waived his…
23-6863 Rena Bilbro v. Education Professional Standards Board Kentucky 2024-02-29 Denied Relisted (2)IFP administrative-agency administrative-hearing civil-rights due-process plea-agreement professional-conduct professional-standards right-to-counsel teacher-license-revocation teaching-license Whether a tenured teacher is entitled to appointed counsel
23-6756 Kenneth J. Coleman v. United States Fifth Circuit 2024-02-15 Denied Response WaivedIFP competency-hearing confrontation-clause criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency pate-v-robinson plea-agreement Is the petitioner constitutionally entitled to a hearing upon the issue of his competency to stand trial
23-6754 Rodwick F. Abadam v. United States Ninth Circuit 2024-02-14 Denied Response WaivedIFP 2nd-amendment appellate-review appellate-waiver constitutional-violation miscarriage-of-justice plea-agreement second-amendment sentencing sentencing-error Did the Ninth Circuit err when it failed to find that sentencing errors that violated Mr. Abadam's Second Amendment rights can amount to a 'miscarriag…
23-6425 Christopher Daniel Taylor v. United States Eighth Circuit 2024-01-08 Denied Response WaivedRelisted (2)IFP brady-v-maryland brady-waiver criminal-procedure criminal-proceedings direct-appeal due-process fifth-amendment plea-agreement sentencing sentencing-phase whether-the-fifth-amendment's-due-process-clause-permits-courts-to-find-a-plea-agreement-waiver-that-is-silent-as-to-brady-v-maryland-constitutes-a-kn…
23-720 Omar Ahmed Khadr v. United States District of Columbia 2024-01-04 Denied Amici (1) appellate-waiver circuit-split criminal-conduct direct-appeal judicial-decision plea-agreement statutory-interpretation Whether a plea agreement that includes a general appellate waiver bars a direct appeal when a defendant has pled guilty to conduct that was not crimin…
23-6405 Brian K. Allen v. United States Eighth Circuit 2024-01-03 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process evidentiary-hearing federal-circuit fundamental-rights plea-agreement sentencing sentencing-procedure Whether the near consensus Federal Circuit Courts of Appeals' application of plea agreement appeal waivers as to subsequent sentencing proceedings, wh…
23-6392 Phillip Watkins v. United States Sixth Circuit 2023-12-28 Denied Response WaivedIFP abuse-of-discretion criminal-procedure due-process evidentiary-hearing guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment Whether the Sixth Circuit abused its discretion by affirming the district court's failure to conduct an Evidentiary Hearing regarding the fact his Gui…
23-6375 Mark E. Sells v. United States Tenth Circuit 2023-12-27 Denied Response WaivedIFP appellate-procedure circuit-court-precedent constitutional-rights dismissal-of-appeal due-process federal-rules-of-appellate-procedure plea-agreement supreme-court-precedent tenth-circuit-court united-states-supreme-court-law due-process-access-to-court
23-692 Zachariah Minix v. Kentucky Kentucky 2023-12-27 Denied Response Waived abuse-of-discretion criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment fifth-amendment parole-eligibility plea-agreement plea-withdrawal Were the Petitioner's federal due-process rights violated when the Adair County Circuit Court denied the Petitioner's request to withdraw his plea of …
23A590 Stephen Christopher Plunkett v. United States Fifth Circuit 2023-12-27 Presumed Complete ineffective-assistance plea-agreement prosecutorial-misconduct right-to-counsel sentencing-enhancement sixth-amendment Whether a defendant's Sixth Amendment right to effective assistance of counsel is violated when multiple attorneys fail to adequately challenge plea a…
23-6165 Jesus Del Valle Gonzalez-Rodriguez v. United States First Circuit 2023-12-05 Denied Response WaivedIFP appeal-waiver brief-filing burden-of-proof court-of-appeals criminal-procedure due-process government-defense opening-brief plea-agreement reply-brief Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver…
23-6121 Jemare Ray McNair, aka Head v. United States Fourth Circuit 2023-11-28 Denied Response WaivedIFP appeal-waiver appeal-waivers career-offender criminal-law criminal-procedure due-process federal-sentencing plea-agreement plea-bargaining sentencing sentencing-enhancement Whether career offender status should be subject to appeal waivers in plea agreements where a defendant has a legitimate argument that he was not a ca…
23-537 Faisal Ashraf, aka Sal v. United States Ninth Circuit 2023-11-20 Denied Amici (1) appeal-waiver circuit-split computer-fraud-and-abuse-act criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure plea-agreement Whether the federal courts of appeals can refuse to consider a challenge to the sufficiency of the factual basis for a guilty plea when the plea agree…
23-6018 Calvin F. Currica v. Richard Miller, Warden Fourth Circuit 2023-11-15 Denied Response WaivedIFP brady-standard brady-vs-maryland criminal-procedure due-process fourth-circuit guidelines judicial-review plea-agreement plea-bargaining post-conviction-review sentencing sentencing-guidelines Whether the decision below should be summarily reversed because the Fourth Circuit substituted its judgment for an erroneous factual decision by the s…
23-5978 Brian Keith Person, Jr. v. United States Fourth Circuit 2023-11-08 Denied Response WaivedIFP appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness Whether the Fourth Circuit erred by dismissing Mr. Person's appeal pursuant to an appeal waiver when he argued that his plea was not knowing and volun…
23-5834 Herbert Johnson v. United States Ninth Circuit 2023-10-18 Denied Response WaivedIFP 18-usc-924c appellate-waiver categorical-analysis criminal-procedure illegal-conviction illegal-sentence jurisdictional-challenge plea-agreement statutory-interpretation Whether an illegal sentence exception to plea agreement waivers can coexist alongside a bar of illegal convictions when a sentence and conviction are …
23-5790 Brock Brian Beeman v. United States Fourth Circuit 2023-10-16 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure due-process fourth-circuit notice-requirements plea-agreement rule-32 sentencing sentencing-notice Did the Fourth Circuit err in upholding the Petitioner's appeal waiver to preclude his claim that the trial court violated the notice provisions of Ru…
23A319 Omar Ahmed Khadr v. United States District of Columbia 2023-10-12 Presumed Complete appellate-waiver circuit-split material-support-for-terrorism military-commission-review military-commissions-act plea-agreement Whether a defendant's waiver of appellate rights in a plea agreement is knowing and voluntary when the underlying offense to which the defendant pled …
23-5764 Kevin Lynn Tucker v. United States Eighth Circuit 2023-10-11 Denied Response WaivedIFP criminal-procedure due-process nolle-prosequi nolle-prossed plea-agreement pretrial-detention sentencing sentencing-credit substantive-reasonableness waiver Whether the District Court's failure to give credit in sentencing for state pretrial detention on subsequently nolle prossed 'related' charges created…
23-5734 Lawrence Flack v. United States Sixth Circuit 2023-10-10 Denied Response WaivedIFP appellate-waivers constitutional-rights double-jeopardy guilty-plea ineffective-assistance ineffective-counsel plain-error plea-agreement Whether Appellant counsel's Anders brief was inadequate where evidence exists that Appellant's Constitutional rights were violated, including double j…
23-5736 In Re Travis J. Guttu 2023-10-10 Denied IFP actual-innocence aedpa-deadline criminal-procedure due-process habeas-corpus ineffective-assistance plea-agreement plea-bargaining procedural-innocence Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place?
23-5739 Daniel Ray Metsinger v. United States Fifth Circuit 2023-10-10 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement
23-5688 Angel Marie Jordan v. United States Fifth Circuit 2023-10-02 Denied Response WaivedRelisted (2)IFP appeal-waiver constitutional-challenge criminal-justice criminal-procedure double-jeopardy due-process plea-agreement right-to-appeal Does a facially valid and credible good faith claim of a Double Jeopardy violation constitute a 'constitutionally impermissible factor' which cannot b…
23-5550 Joseph Jones v. United States Eleventh Circuit 2023-09-08 Denied Response WaivedIFP appeal-waiver circuit-court civil-procedure contractual-law due-process plea-agreement sentence-appeal-waiver sentencing standing Whether the Appellant's rights were violated when the Eleventh Circuit Court of Appeals enforced a sentence appeal waiver in a plea agreement that was…
23-5435 Marques Webb v. United States Fifth Circuit 2023-08-24 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement
23-5353 Chandra Modugumudi v. United States Seventh Circuit 2023-08-15 Denied Response WaivedIFP 1st-amendment 6th-amendment constitutional-violation due-process ineffective-assistance-of-counsel ineffective-counsel language-barrier plea-agreement prosecutorial-misconduct sixth-amendment-rights Whether the defendant's constitutional rights were violated due to lack of counsel, language barrier, prosecutorial misconduct, and other errors resul…
23-5320 Curtis Lavon Magee v. United States Fifth Circuit 2023-08-09 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement
23-5208 Jason Boudreau v. United States First Circuit 2023-07-26 Denied Response WaivedIFP abuse-of-discretion constitutional-rights criminal-procedure due-process first-amendment fourth-amendment plea-agreement search-and-seizure search-condition sentencing sentencing-enhancement Whether the District Court's decision to subject the Petitioner to a lifetime suspicionless search condition that lacks any limitations at all violate…
23-5172 Jose Antonio Deleon-Juarez v. United States Ninth Circuit 2023-07-21 Denied Response WaivedIFP circuit-split plain-error plain-error-review plea-agreement prosecutor-breach prosecutorial-breach sentencing substantial-rights Does a prosecutor's breach of a plea agreement affect a defendant's substantial rights under plain error review?
23-5174 Dionte Houff v. United States Ninth Circuit 2023-07-21 Denied Response WaivedIFP appeal-waiver circuit-split constitutional-statute jurisdiction plea-agreement retroactive-application statutory-and-constitutional-issues supreme-court-precedent waiver-of-appeal Can a plea agreement that contains a waiver of appeal bar a direct appeal of a conviction and/or sentence based on a statute that this Court later rul…
23-5150 Augustus Quintrell Light v. United States Eighth Circuit 2023-07-20 Denied Response WaivedIFP constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error Did the Eighth Circuit Court of Appeals commit plain error when it found that the district court did not abuse its discretion in denying petitioner's …
23-5140 Ralph Castillo v. Richard Martinez, Warden, et al. New Mexico 2023-07-19 Denied IFP aggravating-circumstances criminal-rights due-process jury-determination jury-trial plea-agreement plea-bargaining sentencing-enhancement sentencing-procedure sixth-amendment Was it proper for the state to intentionally mislead the court
23-5121 Kyle Ross Rivers v. United States Fifth Circuit 2023-07-18 Denied Response WaivedIFP appeal constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining sentence-appeal sentencing waiver waiver-of-rights Whether a defendant can waive the right to appeal his sentence before the right has accrued
23-5059 Savon Hardaway v. United States Fourth Circuit 2023-07-07 Denied Response WaivedIFP career-offender criminal-procedure felon-in-possession guilty-plea harmless-error mens-rea plea-agreement rehaif-advisement rehaif-v-united-states sentencing-error Whether Mr. Hardaway made a sufficient showing that if he had been properly advised, there is a reasonable probability that he would not have pleaded …
23-5004 Gregory L. Randle v. United States Fifth Circuit 2023-06-30 Denied Response WaivedIFP appeal-waiver appellate-jurisdiction appellate-review criminal-procedure due-process fifth-circuit plea-agreement plea-bargaining procedural-waiver right-to-appeal waiver Whether the Fifth Circuit erred by dismissing Mr. Randle's appeal based on the waiver of appeal provisions in his Plea Agreement
22-7840 Cordelro Desean Shoulders v. United States Fifth Circuit 2023-06-22 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement
22-7804 Ricky Simmonds v. United States Sixth Circuit 2023-06-16 Denied Response WaivedIFP breach-of-contract constitutional-law contract-law criminal-procedure district-court due-process offense-level plea-agreement sentencing sentencing-hearing Whether the United States breaches a negotiated plea agreement
22-7759 Shirley Douglas v. United States Sixth Circuit 2023-06-12 Denied Response WaivedIFP administrative-law civil-rights constitutional-protection contract contract-law due-process government-intrusion medical-consent medical-privacy plea-agreement privacy Is a plea proffer agreement and defense counsel retainer fee agreement legally enforceable contracts?
22-7729 William J. Sears v. United States Tenth Circuit 2023-06-07 Denied Response WaivedIFP certificate-of-appealability criminal-procedure district-court due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement section-2255 Did the Court of Appeals err when it denied my Motion for Certificate of Appealability?
22-7599 Curtis Marcel Barnette v. United States Fourth Circuit 2023-05-19 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver Does it violate due process for a defendant to be required to waive his right to appeal in order to enter into an otherwise favorable plea agreement w…
22-7584 Kahliq Williams v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process plea-agreement policy-concerns sentencing-errors Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl…
22-7587 John Wayne Spell v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review plea-agreement procedural-error waiver Whether the Fifth Circuit erred by dismissing Mr. Spell's appeal based on the waiver of appeal provisions in his Plea Agreement
22-7569 Andrew Payton v. United States Fifth Circuit 2023-05-16 Denied Response WaivedIFP appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors voluntary-forfeiture Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl…
22-7553 Ivory Joe Tisdale v. United States Fourth Circuit 2023-05-15 Denied Response WaivedIFP appellate-rights constitutional-law constitutional-rights criminal-procedure due-process government-prosecution plea-agreement plea-bargaining right-to-appeal waiver Does it violate due process for a defendant to be required to waive his right to appeal in order to enter into an otherwise favorable plea agreement w…
22-7536 Mark D. Sievers v. Florida Florida 2023-05-12 Denied IFP closing-argument due-process fair-trial jury-instruction plea-agreement polygraph prosecutorial-misconduct witness-credibility Whether a state judge violates a defendant's due process right to a fair trial by giving an impromptu jury instruction regarding the credibility of th…
22-7417 Keanan Dequez Bond v. United States Fourth Circuit 2023-05-01 Denied Response WaivedIFP compassionate-release criminal-procedure district-court due-process equal-protection fourteenth-amendment plea-agreement sentencing Whether the court of appeals violated the defendant's Fourteenth Amendment right to equal protection
22-7286 Vonteak Alexander v. Jane Doe, et al. Ninth Circuit 2023-04-14 Denied Response RequestedResponse WaivedRelisted (2)IFP contract-law criminal-procedure defendant-rights due-process judicial-discretion legal-reformation mistake-of-law mutual-mistake plea-agreement May a court reform an accepted, valid, federal plea agreement containing a mutual mistake of law to circumvent the mistake to the defendant's prejudic…
22-7245 Paul DiBiase v. United States Second Circuit 2023-04-10 Denied Response WaivedIFP armed-career-criminal due-process plea-agreement post-conviction post-conviction-review sentencing sentencing-enhancement violent-felony waiver-of-rights Whether a defendant who pleads guilty to being an armed career criminal is precluded from challenging the predicate convictions in a post-conviction p…
22-7226 Travis J. Guttu v. Chris S. Buesgen, Warden Seventh Circuit 2023-04-06 Denied Response WaivedIFP actual-innocence aedpa-deadline due-process ineffective-assistance miscarriage-of-justice no-trial plea-agreement procedural-innocence record sixth-amendment-right Does a claim of procedural innocence require a petitioner to show his actual innocence with facts outside of the record where no trial took place?
22-7116 In Re Ramone L. Wright 2023-03-27 Denied Response WaivedIFP constitutional-rights criminal-procedure defendant-rights due-process federal-rules-of-criminal-procedure judicial-error plea-agreement plea-bargaining rule-11 rule-52 Whether a violation of Rule 11 of the Federal Rules of Criminal Procedure constitutes a cognizable error as provided by Rule 52(b)
22-7076 Servando Pineda-Valdez v. United States Fifth Circuit 2023-03-23 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claims counsel-performance criminal-procedure guilty-plea habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing writ-of-certiorari Whether Servando-Pineda's § 2255 motion sufficiently alleged constitutional claims violations due to counsel's ineffectiveness
22-6992 Samuel Reaves v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division, et al. Fifth Circuit 2023-03-10 Denied IFP criminal-procedure due-process felony-classification involuntary-plea parole parole-revocation plea-agreement plea-bargaining prison-sentence rehabilitation sentencing street-time Whether it is legal to start a prison sentence, then stop it and then restart it by adding more time, is it legal to revoke street time on parole when…
22-6970 Jeffrey Kesten v. United States Tenth Circuit 2023-03-08 Denied Response WaivedIFP appeal-waiver constitutional-law criminal-procedure due-process judicial-enforcement mens-rea plea-agreement Can a court enforce an appeal waiver from a plea agreement when the defendant was not informed of and did not plea to the proper mens rea element for …
22-6916 Carlos Mejia-Quintanilla v. United States Ninth Circuit 2023-03-06 Denied Response WaivedIFP appellate-review appellate-waiver constitutional-challenge constitutional-law criminal-conviction criminal-procedure due-process jurisdiction jurisdictional-claim plea-agreement plea-bargaining summary-enforcement whether courts can summarily enforce an appellate waiver to bar motions to vacate unconstitutional convictions
22-6909 Curtis Lynn Fauber v. Ronald Davis, Warden Ninth Circuit 2023-03-02 Denied IFP curative-instructions donnelly-v-dechristoforo due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement prosecutorial-misconduct prosecutorial-vouching vouching witness-credibility Did the Ninth Circuit's opinion create a conflict with this Court's decision in Donnelly v. DeChristoforo, 416 U.S. 637 (1974), under which specific c…
22-6838 Demetri D. Beachem, aka Demetrius D. Beachem v. United States Seventh Circuit 2023-02-22 Denied Response WaivedRelisted (9)IFP appeal-waiver criminal-procedure criminal-sentencing due-process ineffective-assistance-of-counsel involuntary-plea miscarriage-of-justice plea-agreement plea-bargaining sentencing-guidelines Whether a court can consider dismissed or uncharged conduct in sentencing
22-6789 Juan Francisco Turcios v. Texas Texas 2023-02-15 Denied IFP compensation criminal-procedure due-process illegal-confinement judicial-discretion judicial-misconduct plea-agreement plea-bargain sentencing sentencing-error Whether the 20-year sentence imposed was legal after the plea bargain agreement for no more than 10 years was approved
22-746 Damion Kentrell White v. United States Fifth Circuit 2023-02-09 Denied Response Waived 28-usc-2255 due-process federal-procedure habeas-corpus plea-agreement sentencing statutory-maximum Whether due process requires that a provision in a plea agreement waiving the right to file a motion to vacate sentence under 28 U.S.C. § 2255 be cons…
22-6702 Jason Boyet v. United States Fifth Circuit 2023-02-06 Denied Response WaivedIFP appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors waiver-enforceability Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl…
22-6704 Angel Vazquez-Figueroa v. United States First Circuit 2023-02-06 Denied Response WaivedIFP abuse-of-discretion criminal-procedure individualized-assessment judicial-discretion plain-error plain-error-review plea-agreement section-3553a-factors sentencing sentencing-discretion Whether the district court erred in imposing a sentence that was 1.5 years longer than the highest sentence recommended by the parties under the plea …
22-6453 Mario Torres v. Kathleen Allison, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2023-01-04 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process eyewitness-identification habeas-corpus plea-agreement plea-bargain post-conviction-relief prosecutorial-misconduct right-to-counsel sentencing Whether Petitioner can withdraw his plea after district attorney reneged on the plea bargain
22-6426 Delano Marco Medina v. United States Tenth Circuit 2022-12-30 Denied Response WaivedIFP breach-of-contract civil-rights conflict-of-interest constitutional-rights ineffective-assistance ineffective-counsel plea-agreement right-to-counsel sixth-amendment speedy-trial strickland-standard Question not identified
22-6303 Steven Riad Jalloul v. United States Fifth Circuit 2022-12-14 Denied Response WaivedIFP criminal-procedure criminal-sentencing due-process fifth-circuit judicial-discretion plea-agreement plea-bargaining restitution sentencing statutory-interpretation Whether the language in a defendant's plea agreement requiring the defendant to pay 'whatever restitution is ordered' is sufficiently specific to cons…
22-6289 Kevin Singleton v. United States Fifth Circuit 2022-12-13 Denied Response WaivedIFP appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements
22-6216 Jonny Shineflew v. United States Ninth Circuit 2022-12-05 Denied Response WaivedRelisted (2)IFP criminal-procedure guideline-offense integrated-agreement plea-agreement prosecutor prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines Whether an integrated plea agreement allows the prosecutor to go outside that agreement and urge a sentencing enhancement not integrated into the Agre…
22-6106 David Shane Paquette v. United States Eleventh Circuit 2022-11-18 Denied Response WaivedIFP appeal-waiver circuit-split contract-law criminal-procedure defendant-rights due-process plea-agreement Whether an appeal-waiver provision in a plea agreement is enforceable when the agreement provides the defendant with no benefit
22-6108 Jose Luis Ramirez, Jr., aka Zachary Matthew Johnson v. United States Fourth Circuit 2022-11-18 Denied Response WaivedIFP appeal-waiver criminal-conviction criminal-procedure fourth-circuit ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of his conviction of securit…
22-5890 Ronald William Brooks v. United States Fifth Circuit 2022-10-24 Denied Response WaivedIFP appellate-waiver constitutional-challenge constitutional-law criminal-procedure due-process habeas-corpus miscarriage-of-justice plea-agreement plea-bargaining post-conviction-relief section-2255 Whether a boilerplate waiver of appellate and post-conviction rights bars a claim under 28 U.S.C. § 2255 that the defendant stands convicted of a non-…
22-5865 Charles Smith v. United States Ninth Circuit 2022-10-18 Denied Response WaivedIFP appeal appellate-procedure criminal-conviction criminal-procedure jurisdiction jurisdictional-defect ninth-circuit plea-agreement sentencing waiver Whether the Ninth Circuit erred in dismissing the appeal
22-5446 Jose Francisco Maldonado-Rosa v. United States Fifth Circuit 2022-08-25 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement sentencing waiver waiver-of-rights Whether the Fifth Circuit erred by ruling that Mr. Maldonado waived the right to appeal his sentence
22-5248 Douglas A. Hoglan v. Virginia Virginia 2022-08-02 Denied IFP constitutional-violation criminal-procedure due-process extrinsic-fraud fifth-amendment miranda-rights plea-agreement plea-bargain procedural-safeguards right-to-counsel right-to-due-process Did the extrinsic-fraud deprive-Hooper-of-due-process
22-64 Samuel Arrington v. City of Los Angeles, California, et al. Ninth Circuit 2022-07-25 Denied Response Waived civil-rights due-process excessive-force false-arrest false-imprisonment habeas-corpus heck-doctrine plea-agreement Whether Heck applies to a former prisoner who was ineligible to challenge his subsequent conviction through federal habeas
22-5135 Joshua Jay Schroeder v. United States Ninth Circuit 2022-07-19 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure federal-rules plea-agreement right-to-appeal sentencing Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to …
22-5107 Marcus Dwayne Pemberton v. United States Fourth Circuit 2022-07-14 Denied Response WaivedIFP appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure miscarriage-of-justice plea-agreement plea-agreements sentencing-guideline sentencing-guidelines Should standards other than the knowing and voluntary waiver standard of Brady v. United States govern the enforcement of appeal waivers in plea agree…
22-5103 Chico Jermell Carraway v. United States Third Circuit 2022-07-13 Denied Response WaivedIFP 2255-motion 28-usc-2255 evidentiary-hearing ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 rule-11-procedure sentencing sentencing-hearing Whether a defendant is entitled to an evidentiary hearing under 28 U.S.C. § 2255(b) to prove prejudice from an unkept promise of counsel concerning se…
22-5060 Fred Auston Wortman, III v. Tennessee Board of Parole, et al. Sixth Circuit 2022-07-11 Denied Response WaivedIFP alford-plea civil-procedure complaint-dismissal due-process inferences judicial-procedure plea-agreement pleadings standard-of-review summary-dismissal summary-judgment Whether the District Court erred by summarily dismissing Petitioner's Complaint by failing to accept as true all of Petitioner's factual allegations a…
22-5018 Michael Allen Long v. United States Fifth Circuit 2022-07-01 Denied Response WaivedIFP appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement
22-5007 Lann Tjuan Clanton, aka Tjuan v. United States Fourth Circuit 2022-06-30 Denied Response WaivedIFP appeal-waiver criminal-procedure federal-sting federal-sting-operation fourth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-agreement Whether the Fourth Circuit erred in dismissing petitioner's appeal pursuant to a plea agreement waiver after petitioner won the right to file a belate…
21-8236 Edward Toliver v. United States Fifth Circuit 2022-06-27 Denied Response WaivedIFP appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process fair-trial fairness-doctrine plea-agreement sentencing-guidelines Are plea agreement appeal waivers that forfeit a criminal defendant's right to challenge errors in the district court's interpretation and application…
21-1551 Jamar E. Plunkett v. Dan Sproul Seventh Circuit 2022-06-10 Denied ambiguity contract-interpretation criminal-procedure defendant-rights due-process judicial-interpretation plea-agreement rule-of-lenity statutory-interpretation Whether a plea agreement that is subject to more than one reasonable interpretation must be interpreted in the defendant's favor
21-8109 Eric Ray Smith v. United States Fifth Circuit 2022-06-09 Denied Response WaivedIFP or whether the court of appeals should first cons ambiguity contract-interpretation cooperation-agreement criminal-procedure government-as-drafter judicial-construction plain-error-review plea-agreement statutory-interpretation Whether a reasonable ambiguity in a cooperation or plea agreement necessarily defeats a defendant's claim of breach on plain error review, or whether …
21-8081 Moses Clark v. California California 2022-06-07 Denied Relisted (2)IFP civil-rights constitutional-violation criminal-procedure double-jeopardy due-process fourteenth-amendment fourth-amendment habeas-corpus plea-agreement preliminary-hearing prosecutorial-misconduct Whether the state court violated the defendant's Fourth Amendment rights by bringing the defendant before the magistrate within 48 hours after arrest
21-7987 Keith Rose v. United States Ninth Circuit 2022-05-27 Denied Response WaivedIFP civil-rights collateral-review criminal-conviction criminal-procedure due-process habeas-corpus judicial-review plea-agreement plea-bargaining standing Whether the right recognized in Class v. United States extends to collateral review
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
21-7867 Jasper B. Mackey, Jr. v. United States Fourth Circuit 2022-05-13 Denied Response WaivedIFP criminal-sentencing due-process fourth-circuit government-discretion mandatory-minimum plea-agreement sentencing substantial-assistance Whether the United States Fourth Circuit Court of Appeals erred in affirming the district court's judgment which did not depart below the mandatory mi…
21-7824 Jerome Scott King v. United States Eighth Circuit 2022-05-10 Denied Response WaivedIFP appeal-waiver appellate-review criminal-procedure defendant-rights due-process plea-agreement plea-bargaining sentencing voluntary-waiver Whether a provision in a plea agreement that bars a defendant from appealing a sentence of imprisonment violates due process and whether it can be kno…
21-7735 Erskin Bernard Perryman v. United States Sixth Circuit 2022-04-28 Denied Response WaivedIFP appeal-waiver appellate-waiver base-offense-level criminal-procedure due-process judicial-review minor-participant plea-agreement sentencing-guidelines sixth-circuit Whether the trial court calculated the petitioner's guideline range correctly
21-7707 Jerome Lamar Pitts v. United States Eleventh Circuit 2022-04-26 Denied Response WaivedIFP appeal-waiver constitutional-law constitutional-violation criminal-procedure due-process legal-remedy plea-agreement plea-bargaining sentencing-guidelines Whether a miscalculated Sentencing Guideline violates Due Process enough to count as a 'sentence in violation of the Constitution or laws of the Unite…
21-7676 Robert Christopher Jones v. Illinois Illinois 2022-04-21 Denied Response WaivedIFP criminal-justice eighth-amendment juvenile-justice mandatory-sentencing miller-factors miller-v-alabama plea-agreement plea-bargaining sentencing sentencing-challenge Whether a pre-Miller guilty plea bars a post-Miller sentencing challenge under the Eighth Amendment
21-1363 Brandon Scott Lavergne v. Darrell Vannoy, Warden Fifth Circuit 2022-04-19 Denied Response Waived 8th-amendment cruel-and-unusual cruel-and-unusual-punishment habeas-corpus ineffective-assistance-of-counsel life-without-parole plea-agreement rule-60b-petition solitary-confinement Is a criminal sentence of life without parole in solitary confinement a cruel and unusual sentence?
21-7619 Jarbarri Randale Wall v. United States Fourth Circuit 2022-04-14 Denied Response WaivedIFP appeal-waiver criminal-procedure federal-law plea-agreement sentencing sentencing-condition statutory-authority statutory-maximum supervised-release Whether a special condition of supervised release that is not authorized by statute constitutes a sentence beyond the statutory maximum, and is theref…
21-7575 Keith Morris v. United States Fourth Circuit 2022-04-08 Denied Response WaivedIFP appellate-waiver criminal-procedure due-process knowing-waiver plea-agreement plea-bargaining right-to-appeal sentencing waiver Whether a provision in a plea agreement which bars a defendant from appealing 'any sentence of imprisonment' can be knowingly entered into well before…
21-7576 Edward Wright v. United States Ninth Circuit 2022-04-08 Denied Response WaivedIFP child-pornography constitutional-scrutiny liberty-interests non-delegation-doctrine overbreadth plea-agreement supervised-release third-party-notification vagueness Whether the standard federal supervision condition requiring third-party risk notification is unconstitutional for its vagueness, overbreadth, and vio…
21-7486 Eric Jamar Goodall v. United States Ninth Circuit 2022-03-29 Denied Response WaivedIFP criminal-appeal illegal-sentence jurisdictional-defect ninth-circuit plea-agreement sentencing-error waiver waiver-doctrine Did the Ninth Circuit err in dismissing the appeal when Mr. Goodall's plea agreement contains a count of conviction and resulting sentence that is no …
21-7461 Antonio D. Rooks-Byrd v. Nebraska Nebraska 2022-03-24 Denied Response WaivedIFP amendment-violation constitutional-rights due-process eighth-amendment equal-protection fourteenth-amendment legal-procedure plea-agreement sixth-amendment speedy-trial Do the Fifth, Sixth, Eighth and Fourteenth Amendment's under the U.S. Constitution apply for Sixth Month Speedy Trial violation?
21-7418 James Roland L'Heureux v. West Virginia West Virginia 2022-03-21 Denied Response WaivedRelisted (2)IFP contract-law contractual-breach due-process fourteenth-amendment mabry-v-johnson plea-agreement pre-sentence-investigation sentencing sentencing-arguments Whether the prosecution's conduct in making sentencing arguments outside the pre-sentence investigation report constitutes a breach of the plea agreem…
21-7390 Choya Dwayne Hailey v. United States Fifth Circuit 2022-03-16 Denied Response WaivedIFP 5k1.1 5K1.1-motion breach-of-contract criminal-procedure downward-departure government-breach government-discretion plea-agreement sentencing-guidelines Whether the government breached the supplemental plea agreement
21-7353 Alejandro Chavarria v. United States Fifth Circuit 2022-03-14 Denied Response WaivedIFP appellate-waiver criminal-procedure federal-rules-of-criminal-procedure government-estoppel judicial-error plea-agreement rule-32 sentencing Whether a trial judge's erroneous FED. R. CRIM. P. 32(j)(1)(B) advice regarding the defendant's right to appeal his sentence, and the Government's fai…
21-7322 James Earl Harper v. United States Fourth Circuit 2022-03-09 Denied Response WaivedIFP breach-of-agreement breach-of-contract criminal-procedure due-process government-contract government-motion incarceration plea-agreement sentencing Whether the Government should have been bound by the provisions of the Plea Agreement as the Petitioner did not breach the provisions contained therei…
21-7190 Jason Terrell v. United States Fourth Circuit 2022-02-24 Denied Response WaivedIFP appeal-waiver constitutional-rights court-of-appeals due-process jurisdiction merits plea-agreement procedural-facts standard-of-review Whether the court of appeals erred by dismissing the appeal based upon an appeal waiver contained in the plea agreement and should have addressed Mr. …
21-7169 Latwon James v. United States Fourth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a plea-agreement-waiver
21-7012 Jessica Ewing v. Harold W. Clarke, Director, Virginia Department of Corrections Fourth Circuit 2022-01-31 Denied IFP burden-of-proof counsel-performance criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel innocence judicial-discretion plea-agreement plea-bargaining post-conviction Whether the previous court erred in denying Ms. Ewing's motion based on its own merits determination of her ineffective assistance of counsel claim
21-6940 Ferney Salas Torres v. United States Second Circuit 2022-01-21 Denied Response WaivedIFP abuse-of-discretion criminal-appeal criminal-procedure district-court-discretion minor-role-adjustment pilot-enhancement plea-agreement procedural-reasonableness second-circuit sentencing sentencing-guidelines Whether the Second Circuit Court of Appeals erred in affirming Ferney Salas Torres' judgment of conviction and sentence which was procedurally unreaso…
21-6888 Ryan Kenneth Richmond, aka Rich v. United States Fourth Circuit 2022-01-18 Denied Response WaivedIFP appeal-waiver appellate-review attempted-murder criminal-defendant criminal-procedure plea-agreement relevant-conduct sentencing-guidelines Does a criminal defendant's waiver of his right to appeal a within guideline's sentence bar appellate review where the district court used a cross ref…
21-6730 Mehmet Fatih Biyikoglu v. United States Ninth Circuit 2021-12-23 Denied Response WaivedIFP appellate-waiver breach-of-contract criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing Whether petitioner's appellate waiver was enforceable after the district court found him in breach of his plea agreement
21-6705 Robert Tracy Warterfield v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-12-22 Denied IFP aedpa certificate-of-appealability conflict-of-interest contracts-clause district-court due-process final-judgment habeas-corpus interlocutory-appeal jurisdiction plea-agreement sixth-amendment Does a United States Court of Appeals have jurisdiction to deny a Motion for a Certificate of Appealability when the District Court's putative Final J…
21-6685 Christopher Dominguez v. United States Tenth Circuit 2021-12-21 Denied IFP criminal-procedure due-process ineffective-assistance-of-counsel informed-consent mandatory-minimum plea-agreement plea-bargaining prosecutorial-misconduct right-to-trial sentencing sentencing-guidelines Whether Mr. Dominguez's decision to plead guilty was knowingly and intelligently made when he was grossly misinformed about the risks attendant to goi…
21-6656 Azizjon Rakhmatov v. United States Second Circuit 2021-12-17 Denied Response WaivedIFP appellate-waiver constitutional-rights cruel-and-unusual-punishment due-process equal-protection guilty-plea plea-agreement right-to-appeal right-to-counsel sentencing-bias Whether a sentence based on racial and ethnic bias can be appealed pursuant to the Constitutional rights to due process and equal protection of the la…
21-6644 Ashot Minasyan v. United States Ninth Circuit 2021-12-16 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea Whether Minasyan's waiver of appeal is unenforceable
21-6547 Richard Lynn Long, Jr. v. Darrel Vannoy, Warden Fifth Circuit 2021-12-08 Denied Response WaivedIFP competency competency-evaluation criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel judicial-review mental-health plea-agreement right-to-counsel Did the Fifth Circuit Court of Appeal err in deferring to the state court finding that Mr. Long was not prejudiced by his trial counsel's failure to n…
21-6408 James A. Harnage v. Janine Brennan, et al. Second Circuit 2021-11-24 Denied Response WaivedIFP administrative-law civil-rights constitutional-interpretation contract criminal-procedure defendant-rights due-process judicial-discretion plea-agreement settlement-agreement state-action Whether a state violates the express terms of a settlement agreement by refusing to affirm the decision maker of their authority to grant approvals th…
21-6350 Michael J. Greene v. Shelby Searls, Superintendent, Huttonsville Correctional Center Fourth Circuit 2021-11-19 Denied IFP constitutional-law criminal-procedure custody due-process plea-agreement sentencing Whether the petitioner's plea agreement was unfulfilled, and whether the petitioner should have been granted custody or release due to the unfulfilled…
21-6361 Marcus Crawley, aka Holyfield v. United States Fourth Circuit 2021-11-19 Denied Response WaivedIFP constitutional-vagueness criminal-procedure davis-v-united-states due-process judicial-review plea-agreement plea-bargaining sentencing sixth-amendment statutory-interpretation Whether a reviewing court may search plea documents for evidence of another predicate to sustain a § 924(c) conviction when that predicate was not pro…
21-6336 Darrin Lashaon Betts v. United States Fifth Circuit 2021-11-18 Denied Response WaivedIFP 18-usc-3582 21-usc-841(a)(1)-(b)(1)(a) amendment-782 criminal-procedure fed-r-crim-p-11(c)(1)(c) fifth-amendment fourteenth-amendment plea-agreement sentencing-guidelines statutory-law type-c-agreement Whether a defendant is eligible for 18 U.S.C. § 3582(c)(1)(2) relief
21-633 Gustavo Placancia-Rosendo v. United States Fifth Circuit 2021-10-29 Denied Response Waived acceptance-of-responsibility burden-of-proof criminal-procedure due-process plea-agreement relevant-conduct sentencing standard-of-proof Whether the government must meet a heightened standard of proof before claiming a defendant has 'falsely denied' uncharged 'relevant conduct' for purp…
21-5930 Albert M. Ranieri v. Vicky Moser, Warden Third Circuit 2021-10-08 Denied Response WaivedIFP 18-usc-3613(b) ex-post-facto mandatory-victims-restitution-act mvra plea-agreement restitution restitution-order sentencing-procedure statutory-interpretation victim-witness-protection-act vwpa Is the VWPA or MVRA the controlling law regarding payment of the Order of Restitution, and is the Ex Post Facto Clause being violated?
21-5937 Odilon Martinez-Rojas v. United States Second Circuit 2021-10-08 Denied Response WaivedIFP appeal-waiver due-process fifth-amendment plea-agreement sentencing-procedure sixth-amendment Whether a plea agreement's appeal waiver can bar a defendant from challenging the unconstitutionality of a sentencing procedure
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
21-5883 Davon Nelson v. United States Fourth Circuit 2021-10-04 Denied Response WaivedRelisted (2)IFP circuit-split collateral-proceeding direct-appeal evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement remand sixth-amendment Whether a defendant on direct appeal should receive a remand for an evidentiary hearing upon showing a colorable Sixth Amendment ineffective-assistanc…
21-5797 George Verkler v. United States Ninth Circuit 2021-09-28 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process judicial-misconduct plea-agreement presumption-of-innocence right-to-appeal right-to-counsel sentencing Does the presumption of innocence and due process mean that if a judge will not read what a defendant in a criminal case submits to the court, or if t…
21-5801 Carlos Benitez Penalosa v. United States Ninth Circuit 2021-09-28 Denied Response WaivedIFP appellate-review appellate-waiver circuit-split criminal-sentencing miscarriage-of-justice plain-error plea-agreement sentencing-error Did the Ninth Circuit err when it failed to find that a sentencing error can amount to a 'miscarriage of justice' allowing appellate review even if th…
21-5802 David A. Bridgewater v. United States Seventh Circuit 2021-09-28 Denied Response WaivedIFP brooklyn-savings-bank compassionate-release contractual-principle department-of-justice first-step-act plea-agreement public-interest statutory-right statutory-waiver Does the rule of United States v. Mezzanatto preclude application of the contractual principle expressed in Brooklyn Savings Bank v. O'Neil?
21-5745 Juan Francisco Turcios v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2021-09-22 Denied IFP constitutional-violation due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-appeal right-to-counsel sentencing sentencing-stage trial-counsel Was reversible error committed when trial counsel abandoned petitioner during a critical stage of the trial
21-5712 George Ferrer Sanchez v. United States Eleventh Circuit 2021-09-20 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-review plea-agreement plea-bargaining prosecutorial-discretion right-to-appeal sentencing Whether appeal waivers in plea agreements are enforceable
21-5708 Rodney Dale Hood v. Texas Texas 2021-09-17 Denied IFP contract-law contractual-interpretation criminal-procedure due-process fraud fraud-in-judicial-proceedings judgment judicial-discretion plea-agreement plea-bargaining state-power Whether the current Due Process standard for interpreting the obligations of parties in plea agreements is appropriate
21-416 Darell Anthony Anderson v. United States Sixth Circuit 2021-09-16 Denied Response WaivedRelisted (2) breach civil-procedure contract contract-law criminal-appeal criminal-procedure due-process legal-procedure plea-agreement Due process of law, plea-agreement, contract, breach
21-5679 Toye Tutis v. United States Third Circuit 2021-09-16 Denied Response WaivedIFP cell-site-simulator criminal-procedure fourth-amendment plea-agreement plea-bargaining privacy privacy-rights search-and-seizure wiretap wiretap-order Whether employment of a 'cell-site simulator' constituted a Fourth Amendment violation?
21-5490 Joseph Montrel Bourgeois v. Texas Texas 2021-08-26 Denied Relisted (2)IFP civil-rights criminal-procedure deadly-weapon direct-appeal due-process guilty-plea intoxication plea-agreement retroactive-application sentencing-enhancement warrantless-search Whether the trial court and criminal court of appeals of Texas violated established federal law as determined by the United States Supreme Court
21-5463 Christopher Jonell Tyler v. United States Fourth Circuit 2021-08-24 Denied Response WaivedIFP appellate-review due-process fourth-circuit government-breach judicial-review plain-error plea-agreement sentencing Whether the Fourth Circuit violated the 'interests of justice' and this Court's ruling in Puckett v. United States
21-5387 Roland Adams, aka Peter Brown, aka Harold Whiteker v. United States Ninth Circuit 2021-08-18 Denied Response WaivedIFP constitutional-challenge criminal-procedure due-process jurisdiction plea-agreement statutory-authority statutory-interpretation void-judgment Whether the district court lacked jurisdiction to enter judgement under 18 U.S.C § 1956(h)
21-5340 Gerald Allen Hiler v. United States Ninth Circuit 2021-08-11 Denied Response WaivedIFP appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the…
21-5335 Omar Israel-Griffin v. United States Sixth Circuit 2021-08-10 Denied Response WaivedIFP administrative-law constitutional-provisions contract-law cooperation criminal-procedure due-process federal-procurement government-contract government-discretion plea-agreement statutory-interpretation withdrawal Whether a defendant who has entered a plea agreement with the government and provided cooperation should be allowed to withdraw the plea if the govern…
21-5259 James Plas Sams v. Neil McDowell, Warden Ninth Circuit 2021-08-02 Denied IFP class-of-one contracts-clause due-process equal-protection gender-discrimination habeas-corpus plea-agreement police-misconduct Question not identified
21-5196 Shalen Stoltz v. United States Ninth Circuit 2021-07-26 Denied Response WaivedIFP appellate-waiver criminal-appeal due-process liberty-interest plea-agreement sentencing-guidelines Is an appellate waiver knowing and voluntary when the waiver's scope includes a sentence contrary to law and unauthorized by the United States Sentenc…
21-5156 Montarius Montrael Shabazz v. United States Fifth Circuit 2021-07-21 Denied Response WaivedIFP base-offense-level plea-agreement record-support sentencing-enhancement subsequent-possession unrelated-possession Is a Plea Agreement breached by the government when the prosecutor supported a sentencing enhancement to substantially increase the Base Offense Level…
21-5098 Hal Herring Brown, Jr. v. United States Fourth Circuit 2021-07-15 Denied Response WaivedIFP appeal-waiver criminal-procedure fourth-circuit ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of his conviction for securi…
21-5118 Michael D. Dyers v. Georgia Georgia 2021-07-15 Denied IFP constitutional-rights conviction-court-dismissal due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement prosecutorial-misconduct right-to-appeal transcript-evidence Whether the conviction court erred in dismissing the defendant's motion for out-of-time appeal based on no evidence showing the defendant lacked the r…
21-5055 Bobby Wilson, Jr. v. United States Fifth Circuit 2021-07-08 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-law criminal-procedure due-process plea-agreement Can a criminal defendant's appeal be dismissed based on a written waiver even though the government breached its plea agreement that induced the plea …
20-8388 Jonathan Aaron Leal v. United States Fifth Circuit 2021-06-22 Denied Response WaivedIFP appeal-waiver appellate-review due-process federal-sentencing illegal-sentence plea-agreement post-conviction-relief Should an appeal waiver provision in a plea agreement bar appellate or post-conviction relief from an illegal federal sentence?
20-8239 Jeffrey S. Whitaker v. Mike Parris, Warden Sixth Circuit 2021-06-08 Denied Response WaivedIFP breach-of-contract contract-law due-process fourteenth-amendment newly-discovered-evidence plea-agreement statute-of-limitations substantive-due-process When the opposing party breaches the terms of the plea agreement under the law of contracts, does the one-year statute of limitations begin to run whe…
20-8189 Heather Dawn Griffith v. United States Fifth Circuit 2021-06-02 Denied Response WaivedIFP controlled-substance controlled-substances criminal-procedure drug-distribution federal-rule federal-rules-of-criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation Whether, in a prosecution under 21 U.S.C. § 846, Federal Rule of Criminal Procedure 11(b)(3) requires a statement sufficient to show an agreement to d…
20-8124 Lance Mitchell Owens v. Dexter Payne, Director, Arkansas Department of Correction Arkansas 2021-05-25 Denied Response WaivedIFP civil-rights criminal-procedure due-process equal-protection fourteenth-amendment plea-agreement plea-agreements sentencing sentencing-procedure statutory-interpretation Are courts violating the Equal Protection Clause by excluding defendants in plea agreements from mandatory sentencing procedures?
20-8132 George Verkler v. United States Ninth Circuit 2021-05-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining presumption-of-innocence right-to-appeal right-to-counsel Does the presumption of innocence and due process require a judge to rule in favor of the defendant if the judge will not read everything submitted or…
20-7902 John Laponte v. California California 2021-04-30 Denied IFP constitutional-rights contract-law criminal-procedure due-process excessive-punishment incarceration plea-agreement plea-bargaining punishment sentencing Is petitioner entitled to enforce the terms of his plea agreement
20-1464 Rahul Ramesh Joshi v. United States Fifth Circuit 2021-04-20 Denied Response Waived constitutional-law criminal-procedure due-process government-breach government-misconduct judicial-review plea-agreement resentencing sentencing Whether the government's breach of the plea agreement constituted a due-process-violation, which required remand-for-de-novo-resentencing
20-7761 Andrew Indelicato Peterson v. S. Butler, Warden Sixth Circuit 2021-04-14 Denied IFP conviction-challenge criminal-procedure due-process essential-elements evidence-admissibility felon-in-possession knowledge-of-status plea-agreement prior-conviction prior-misconduct sentencing statutory-interpretation Whether a defendant who has not served over a year in prison can assume his prior conviction was vacated for purposes of a felon-in-possession charge
20-7705 Marco Antonio Serrano v. United States Sixth Circuit 2021-04-09 Denied Response WaivedIFP appellate-waiver career-offender district-court-error due-process mandatory-application plea-agreement sentencing-enhancement sentencing-guidelines sixth-amendment Can a plea agreement that includes an appellate waiver lawfully deprive a defendant of his right to appeal a sentence that was based on the district c…
20-1352 Alexander Christian Miles v. United States Tenth Circuit 2021-03-25 Denied Response Waived appellate-waiver collateral-attack collateral-attack-waiver contract-interpretation contract-law judicial-interpretation plea-agreement plea-colloquy Whether oral pronouncements by the court or the government at a plea colloquy which clarify the extent of an appellate and collateral attack waiver in…
20-7543 Victor Real-Alomar, aka Toston v. United States First Circuit 2021-03-24 Denied Response WaivedIFP appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the governme…
20-7488 William Douglas Hampton v. Mark Williams, Warden Fifth Circuit 2021-03-18 Denied Response WaivedIFP appellate-waiver civil-rights commerce-clause constitutional-rights criminal-procedure due-process electronic-fraud free-speech plea-agreement standing statutory-interpretation Does the specific wording of 18 USC § 2256(a) require that any 'visual depiction of such conduct' also require that the person knows or has reason to …
20-7507 Christopher Faella v. United States Eleventh Circuit 2021-03-18 Denied Response WaivedIFP 18-usc-2259 appellate-rights eighth-amendment plea-agreement restitution sentencing sentencing-appeal statutory-interpretation statutory-maximum waiver Whether a defendant's waiver in his plea agreement of the right to appeal his sentence precludes him from appealing an order of restitution that excee…
20-7473 Ivan Dario Obregon v. United States Fifth Circuit 2021-03-17 Denied Response WaivedIFP appeal-waiver criminal-law criminal-sentencing due-process federal-jurisdiction federal-procedure judicial-discretion plain-error plea-agreement sentencing-error sentencing-guidelines Are unforeseeable sentencing mistakes beyond the scope of federal appeal waivers?
20-7449 Michael Nunez, aka Gordo v. United States Second Circuit 2021-03-15 Denied Response WaivedIFP 3553(a) 3553a-factors appellate-review appellate-waiver constitutional-review due-process judicial-bias judicial-discretion plea-agreement sentencing sentencing-bias Whether a sentence imposed by an apparently biased judge, based on material falsehood, disregard of the 3553(a) factors, legally unfounded fixed polic…
20-7395 Antonio E. Wills v. United States Eighth Circuit 2021-03-09 Denied Response WaivedIFP 28-usc-2255 actual-innocence career-offender certificate-of-appealability ineffective-assistance ineffective-assistance-of-counsel plea-agreement section-2255 statutory-maximum Did the appellate court err in denying a certificate of appealability on whether the district court erred or alternatively abuse its discretion by den…
20-7292 Matthew Lee Staszak v. United States Seventh Circuit 2021-03-02 Denied Response WaivedRelisted (2)IFP 18-usc-2251 18-usc-2423 due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-misconduct section-2251 section-2423 Whether the Supreme Court should grant the writ where prosecutorial-misconduct, ineffective-assistance-of-counsel, due-process, plea-bargaining, 18-us…
20-1154 Adan Torres-Nieves v. United States Ninth Circuit 2021-02-23 Denied Response Waived 9th-circuit ambiguity ambiguity-resolution defendant defendant-rights government-breach legal-precedent plea-agreement precedent Did the 9th Circuit depart from precedent in failing to resolve ambiguity in favor of defendant in determining government breach of plea agreement?
20-7114 Aesha Johnson v. United States Sixth Circuit 2021-02-11 Denied Response WaivedIFP co-defendant confrontation-clause constitutional-law constitutional-rights criminal-procedure evidence invited-error plea-agreement Does the admission of a non-testifying co-defendant's plea agreement implicating the defendant violate the Confrontation Clause?
20-1095 Darius Wayne Haws v. Idaho Idaho 2021-02-10 Denied Amici (1)Response RequestedResponse WaivedRelisted (2) appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement Whether a criminal defendant's purported waiver of the right to appeal is knowing, intelligent, and voluntary
20-7057 Romario Waller v. Arkansas Arkansas 2021-02-05 Denied Response WaivedIFP 14th-amendment 5th-amendment 6th-amendment aggravating-factors amendment-violation constitutional-rights due-process judicial-discretion mandatory-sentencing plea-agreement sentencing sentencing-enhancement Did the Trial Judge violate Petitioner's constitutional rights
20-6985 Zongli Chang v. United States Sixth Circuit 2021-01-28 Denied Response WaivedIFP appellate-waiver constitutional-rights due-process fines plea-agreement sentencing sentencing-guidelines sixth-amendment statutory-maximum Did the Sixth Circuit err in enforcing an unknowing, invalid plea agreement?
20-6924 Auturo Beltran v. Craig Koenig, Warden Ninth Circuit 2021-01-25 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas habeas-corpus plea-agreement sentencing trial-court Whether petitioner's claim that the court's abrupt and arbitrary rejection of his plea agreement deprived him of due process is cognizable in habeas
20-6902 Layw Thomas v. Kentucky Kentucky 2021-01-22 Denied Response WaivedIFP disproportionate-sentencing eighth-amendment fourteenth-amendment hammer-clause juvenile-sentencing miller-v-alabama plea-agreement plea-bargaining sentencing-discretion Did Kentucky violate the Eighth and Fourteenth Amendments when it allowed a youth who was 17 when his crimes occurred to be sentenced to life in priso…
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
20-6720 Terek Harper v. United States Fourth Circuit 2020-12-30 Denied Response WaivedIFP consideration contract-law criminal-law criminal-procedure due-process federal-criminal-law plea-agreement plea-bargaining void-agreement void-for-lack-of-consideration Whether a federal criminal plea agreement is void and unenforceable when it lacks consideration
20-6726 Jamie Betances v. United States First Circuit 2020-12-30 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure factual-objections guilty-plea legal-arguments plea-agreement sentencing-enhancement sentencing-guidelines Did the lower court err in denying Jamie Betances acceptance of responsibility, under U.S.S.G. § 3E1.1, after Mr. Betances pleaded guilty, accepted th…
20-6727 Sergio Avalos v. United States Ninth Circuit 2020-12-30 Denied Response WaivedIFP criminal-procedure due-process fair-and-just-reasons guilty-plea impeachment-evidence impeachment-information plea-agreement post-hoc-disclosure withdrawal Whether being misled about the terms of the plea agreement and the government's post-hoc disclosure of impeachment information constituted 'fair and j…
20-6619 Pedro Carrasco, Jr., aka Pedro Carrasco v. United States Ninth Circuit 2020-12-14 Denied Response WaivedRelisted (2)IFP appellate-rights criminal-procedure dispositive-pretrial-motion effective-assistance-of-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-motion right-to-appeal sixth-amendment Is a criminal defendant deprived effective assistance of counsel as guaranteed by the Sixth Amendment when counsel knowingly withholds from the trial …
20-6382 Randall Allen Eplion, Jr. v. United States Fourth Circuit 2020-11-19 Denied Response WaivedIFP appeal-waiver appellate-review criminal-procedure due-process federal-criminal-practice plea-agreement sentencing standing waiver Whether a provision in a plea agreement which bars the defendant from appealing 'the right to seek appellate review of . . . any sentence of imprisonm…
20-6347 Christopher Mikelinich v. United States Second Circuit 2020-11-17 Denied Relisted (2)IFP criminal-law criminal-procedure due-process felony-possession knowing-plea mens-rea plain-error plea-agreement plea-bargaining rehaif-v-united-states sentencing-elements Where a defendant claims his plea was not knowing and intelligent because he was unaware of all the elements of the offense, does it matter whether he…
20-6363 Andres Fernando Cabezas v. United States Eleventh Circuit 2020-11-17 Denied Response WaivedRelisted (2)IFP actual-innocence appellate-review civil-procedure due-process magistrate magistrate-recommendation plain-error plea-agreement report-and-recommendation statutory-interpretation Whether a district court commits plain error by not waiting the fourteen days allotted by 28 U.S.C. § 636 prior to adopting a magistrate's Report and …
20-6299 Brayan Jassiel Leyva-Peraza v. United States Fifth Circuit 2020-11-13 Denied Response WaivedIFP appellate-review circuit-conflict circuit-split discretionary-review due-process judicial-discretion knowing-and-voluntary plea-agreement supervisory-powers unconscionability Whether the plea agreement was unconscionable and the plea was knowing and voluntary
20-6286 Ruben Aragon v. Dean Williams, Executive Director, Colorado Department of Corrections, et al. Tenth Circuit 2020-11-12 Denied Response WaivedRelisted (2)IFP 28-usc-2244 due-process equitable-tolling habeas-corpus plea-agreement state-impediment state-imposed-impediment statutory-limitations Is Mr. Aragon entitled to equitable tolling of the statutory limitations set by 28 U.S.C. § 2244(d)(1)(A), due to a state-imposed impediment which pre…
20-6271 Cordarryl Antonio Betton v. United States Fifth Circuit 2020-11-10 Denied Response WaivedIFP due-process government-breach plea-agreement record-support sentencing sentencing-enhancements Is a Plea Agreement breached by the government when the prosecutor announces the government's agreed to recommendation to the sentencing court but the…
20-6190 Bradley R. Freeman v. New Mexico New Mexico 2020-11-02 Denied Response RequestedResponse WaivedRelisted (2)IFP affirmative-defense brady-v-maryland constitutional-requirement criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-disclosure prosecutorial-misconduct Does the Constitution require the prosecution to disclose favorable, material evidence of an affirmative defense before entering a plea agreement?
20-6147 Shane Anthony Roberts v. United States Eighth Circuit 2020-10-28 Denied Response WaivedIFP appeal-waiver appellate-review court-of-appeals criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation statutory-right waiver Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence
20-6118 Ramon Wall v. Melissa Hainsworth, Superintendent, State Correctional Institution at Laurel Highlands, et al. Third Circuit 2020-10-23 Denied Response WaivedIFP civil-rights constitutional-violation due-process equal-rights ineffective-assistance ineffective-assistance-of-counsel miscarriage-of-justice misconduct plea-agreement prosecutorial-misconduct Ineffective assistance of counsel prejudiced the petitioner, creating a miscarriage of justice
20-6067 Angeledith Saramaylene Smith v. United States Ninth Circuit 2020-10-20 Denied Response WaivedIFP certificate-of-appealability evidentiary-hearing habeas-corpus ineffective-assistance ineffective-assistance-of-counsel ninth-circuit plea-agreement sentencing sentencing-disparity Whether the Ninth Circuit's methodology for denying a COA is out of step with Supreme Court directive
20-6074 Timothy Jarred Paige v. United States Eleventh Circuit 2020-10-20 Denied Relisted (2)IFP civil-rights criminal-charge criminal-procedure district-court-jurisdiction due-process plea-agreement plea-bargaining sentencing sentencing-guidelines standing statutory-interpretation When charged with violating 18 U.S.C. § 922(g), does the district court retain jurisdiction to charge an offense that is not a 'crime of violence' as …
20-6087 Tana Chris Lawrence v. United States Ninth Circuit 2020-10-20 Denied Response WaivedIFP certificate-of-appealability habeas-corpus ineffective-assistance ineffective-assistance-of-counsel judicial-review plea-agreement sentencing sentencing-disparity standard-of-review Whether the Ninth Circuit's methodology for denying a COA is out of step with Supreme Court directive
20-6051 Jonathan Ortiz-Torres v. United States First Circuit 2020-10-16 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance plea-agreement sentencing sixth-amendment voluntariness Should a writ of certiorari should be granted to determine if trial counsel renders ineffective assistance when he fails to advise his client that the…
20-6018 Win Min Htut v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2020-10-15 Denied Response WaivedIFP civil-rights constitutional-law constitutional-rights counsel-performance criminal-procedure due-process guilty-plea ineffective-assistance-of-counsel legal-procedure plea-agreement plea-bargaining Can a defendant intelligently, knowingly, and voluntarily waive his right to challenge the effectiveness of his counsel by signing a guilty plea?
20-6000 Sara G. Kielly v. New York New York 2020-10-13 Denied IFP civil-rights constitutional-conditions conviction-challenge criminal-procedure cruel-and-unusual-punishment due-process habeas-corpus plea-agreement plea-bargaining prison-treatment sentencing Whether a defendant is required, in light of well-established facts, to explicitly plead constitutional conditions and treatment in prison on the plea…
20-5985 Derrick Kennedy Crumpton v. United States Sixth Circuit 2020-10-09 Denied Response WaivedIFP bad-faith-review circuit-court-split criminal-procedure government-discretion government-motion judicial-review plea-agreement proffer-agreement sentencing sentencing-guidelines What is the scope of judicial review when the defendant and the government have entered in a Plea Agreement and/or a Proffer Agreement in which the go…
20-5962 Erik Diaz-Colon v. United States First Circuit 2020-10-08 Denied Response WaivedIFP civil-rights-conspiracy constitutional-rights constructive-amendment deprivation-of-rights ineffective-assistance plea-agreement right-to-testify trial-counsel Whether petitioner's trial counsel rendered ineffective assistance
20-5963 Daniel Edward Murray v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2020-10-08 Denied IFP aedpa aedpa-time-calculation hipaa hipaa-restrictions ineffective-assistance ineffective-counsel medical-records medical-records-disclosure plea-agreement plea-agreements pro-se pro-se-litigation If there is a set of plea agreements taken at the same time and the court of appeals reverses a part of the appealed agreement, does this start the AE…
20-423 LaQuanda Gilmore Garrott v. United States Eleventh Circuit 2020-10-02 Denied charge-bargain judicial-review maximum-sentence plea-agreement prosecutorial-discretion sentencing sentencing-discretion separation-of-powers Whether a district judge violates the separation-of-powers by rejecting a plea-agreement containing a charge-bargain based solely on the judge's view …
20-5862 Markey Antonio Goldston v. United States Fourth Circuit 2020-09-30 Denied Response WaivedIFP appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement?
20-5781 Abdur-Rashid Muhammad v. Nebraska Nebraska 2020-09-24 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-counsel jurisdiction plea-agreement subject-matter-jurisdiction void-conviction habeas-corpus
20-5732 Ernest Seadin v. Dean Williams, Director, Colorado Department of Corrections Tenth Circuit 2020-09-18 Denied Response WaivedRelisted (2)IFP 8th-amendment constitutional-rights eighth-amendment equal-protection fourteenth-amendment new-evidence no-escape-conviction plea-agreement sentence-expiration sentencing-violation Is the State of Colorado subjecting Petitioner to a death in prison sentence
20-5757 Jerrieus Williams v. United States Fifth Circuit 2020-09-18 Denied Response WaivedIFP appellate-review constitutional-vagueness criminal-law criminal-sentencing due-process firearms-offense plea-agreement plea-bargaining residual-clause sentencing void-for-vagueness Whether the petitioner's convictions for aiding and abetting interference with commerce by robbery, in violation of 18 U.S.C. §§ 1951(a) and 2, and ai…
20-5740 Edward Mahan v. United States Fifth Circuit 2020-09-17 Denied Response WaivedIFP 18-USC-3553a appeal criminal-procedure downward-adjustment drug-offense due-process government-misconduct plea-agreement safety-valve sentencing sentencing-guidelines Did the district court err by allowing the government to violate the plea agreement?
20-5717 William Bradner v. United States Sixth Circuit 2020-09-16 Denied Response WaivedIFP constitutional-rights criminal-justice-system due-process government-breach plea-agreement plea-bargaining prosecutorial-misconduct sentencing sentencing-level sixth-circuit Whether the government breaches the bargain of a plea agreement by requesting a minimum sentencing level fifteen years longer than what it had explici…
20-5699 Abdur-Rashid Muhammad v. Nebraska Nebraska 2020-09-15 Denied Response WaivedIFP constitutional-error court-jurisdiction due-process habeas-corpus ineffective-assistance ineffective-counsel jurisdiction plea-agreement void-conviction void-judgment issues-being-raised
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…
20-5666 Cristian Mendoza v. United States Fifth Circuit 2020-09-11 Denied Response WaivedIFP acceptance-of-responsibility advisory-sentencing criminal-procedure due-process guilty-plea plea-agreement sentencing-guidelines sentencing-range Whether a defendant who enters a guilty plea pursuant to a plea agreement that includes a purported inducement that he will receive an acceptance of r…
20-5626 Monte Whitehead v. New Mexico New Mexico 2020-09-09 Denied IFP bill-of-rights constitutional-rights criminal-procedure double-jeopardy due-process ineffective-counsel plea-agreement plea-bargaining state-vs-federal-law Where New Mexico's anti-waiver statute violates double jeopardy
20-5614 Derrick Anthony Felton v. United States Fifth Circuit 2020-09-08 Denied Response WaivedIFP criminal-activity defendant-status due-process judicial-determination leadership-role legal-error plea-agreement sentencing sentencing-enhancement trial-court vagueness Did the Trial Court error in finding that Mr. Felton was an organizer, leader, manager, or supervisor of the criminal activity?
20-5574 Jose Luis Torres v. Jamey Luther, Superintendent, State Correctional Institution at Smithfield, et al. Third Circuit 2020-09-02 Denied Response WaivedIFP civil-rights constitutional-provisions deficient-performance due-process habeas-corpus ineffective-assistance multiplicious-offenses plea-agreement plea-bargaining procedural-default Whether the lower courts erred in denying habeas corpus relief despite the petitioner's claims of ineffective assistance of counsel, multiplicious off…
20-5540 Ugunda Giovanni Sanders v. United States Sixth Circuit 2020-08-31 Denied Response WaivedIFP conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct Did the Government violate Sanders's rights under the Fifth Amendment to have a grand jury consider the charge and to have the Government honor its im…
20-5432 Michael James Barnes v. United States Fifth Circuit 2020-08-20 Denied Response WaivedIFP criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-relief post-conviction-waiver section-2255-petition sentencing Whether the post-conviction waiver in plea agreement bars relief in Johnson-related § 2255 petition
20-5437 Wendell Taylor v. United States Fifth Circuit 2020-08-20 Denied Response WaivedIFP criminal-procedure district-court fifth-circuit habeas-corpus johnson-ruling johnson-v-united-states plea-agreement plea-bargaining post-conviction-waiver section-2255-petition sentencing Whether the post-conviction waiver in Mr. Taylor's Plea Agreement bars him from the relief sought in his Johnson-related § 2255 Petition
20-5419 Michael D. Dyer v. Aimee Smith, Warden, et al. Georgia 2020-08-19 Denied IFP civil-rights criminal-procedure due-process habeas-corpus ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining prosecutorial-misconduct right-to-counsel Whether a defendant can knowingly, intelligently, and voluntarily enter a guilty plea when the prosecutor is allowed to engage in misconduct without h…
20-5349 In Re Daryl L. Zimmer 2020-08-13 Denied Response WaivedIFP appellate-counsel due-process equal-protection ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement plea-bargain sentencing-guidelines Did the trial court deny the petitioner due process and equal protection rights by disregarding the plea agreement and imposing a mandatory minimum se…
20-5248 Robert Bernal, Jr. v. United States Third Circuit 2020-08-04 Denied Response WaivedIFP appeal-waiver criminal-procedure plea-agreement restitution restitution-order sentencing statutory-interpretation statutory-limits unlawful-sentence Whether a defendant's waiver of the right to appeal which explicitly permits appeal of a sentence that 'exceeds the applicable statutory limits set fo…
20-5225 Dion Alexander v. United States Fourth Circuit 2020-07-30 Denied Response WaivedIFP appeal-waiver clearly-erroneous coram-nobis garza-v-idaho plea-agreement type-c-plea Can an appeal waiver in a Type-C plea agreement bar a claim that the district court's rationale for approving the agreement was clearly erroneous?
20-90 Eugene Slone v. United States Sixth Circuit 2020-07-29 Denied Response Waived certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement sixth-amendment strickland-standard subject-matter-jurisdiction Did Slone sufficiently meet his burden under Strickland
20-5162 Joseph Shane Terry v. United States Eleventh Circuit 2020-07-24 Denied Response WaivedIFP abuse-of-process attorney-ineffective conflict-of-interest constitutional-rights counsel-representation due-process ineffective-assistance plea-agreement witness-testimony Is an attorney ineffective and engaging in a conflict of interest
20-5110 Gabriel Cardona-Ramirez v. United States Fifth Circuit 2020-07-21 Denied Response WaivedIFP certificate-of-appealability circuit-conflict collateral-appeal-waiver district-court due-process plea-agreement section-2255 standing sua-sponte Whether a district court has authority to raise a collateral-appeal-waiver sua sponte
20-30 Nigel Christopher Paul Martin v. United States Eleventh Circuit 2020-07-16 Denied Response Waived criminal-procedure immigration immigration-consequences ineffective-assistance ineffective-assistance-of-counsel mandatory-deportation padilla-claim padilla-v-kentucky plea-agreement plea-bargaining post-conviction-relief Is a defendant categorically prohibited from establishing an ineffective assistance of counsel claim under Padilla v. Kentucky, 559 U.S. 356 (2010), w…
20-5042 Julian Silva-Aguilar v. United States Ninth Circuit 2020-07-13 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent Whether the Ninth Circuit's decision is inconsistent with McCarthy v. United States
19-8912 Giezi Arce-Calderon v. United States First Circuit 2020-07-07 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing due-process guideline-range guideline-sentence judicial-discretion plea-agreement plea-bargaining sentencing sentencing-guidelines substantive-reasonableness Whether the sentence imposed on Mr. Arce is substantively unreasonable
19-8901 Fabian Fuentes Rosas v. Timothy Filson, Warden, et al. Ninth Circuit 2020-07-06 Denied Response WaivedIFP due-process equitable-exception federal-habeas habeas-corpus material-misrepresentation ninth-circuit plea-agreement prosecutorial-misconduct state-court-proceedings statutory-interpretation Whether the Ninth Circuit failed to consider and decide one of the certified claims raised in Rosas's appeal
19-8893 Darryl Henry v. United States Fifth Circuit 2020-07-02 Denied Response WaivedIFP appeal-rights appeal-waiver circuit-split collateral-relief criminal-sentencing involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-rights statutory-entitlement Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
19-8682 Charles Ray Fulmer v. United States Fifth Circuit 2020-06-12 Denied Response WaivedIFP criminal-procedure due-process judicial-review plea-agreement prosecutor prosecutorial-discretion sentencing upward-departure variance Whether due process requires remand for specific performance of a plea agreement or, in the alternative, remand for determination of the full terms of…
19-8683 Edgardo Grande v. United States Fifth Circuit 2020-06-12 Denied Response WaivedIFP 18-usc-3553a appeal-waiver fairness-integrity-public-reputation judicial-proceedings plea-agreement sentencing sentencing-factors substantial-rights unconscionability unconscionable-contract Whether the waiver of appeal rights contained in the Plea Agreement is unenforceable since the Plea Agreement is invalid because it is an unconscionab…
19-8694 Joseph D. Rouse v. United States Sixth Circuit 2020-06-12 Denied Response WaivedIFP 21-usc-851 appeal-waiver appellate-review due-process mandatory-minimum notice-requirement plea-agreement sentencing sentencing-enhancement statutory-interpretation Does the express language of 21 U.S.C. § 851 require prior written notice of the particular conviction the government seeks to use to enhance a mandat…
19-8663 Tesa Keith v. United States Fifth Circuit 2020-06-10 Denied Response WaivedIFP appeal criminal-statute facial-challenge federal-courts federal-law plea-agreement procedural-challenge waiver Whether facial challenges to a federal criminal statute may be waived by plea agreement?
19-8631 Claude Simpson v. United States Fourth Circuit 2020-06-07 Denied Response WaivedIFP constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel judicial-bias judicial-impartiality judicial-recusal personal-bias plea-agreement Is it an abuse of discretion for a judge to not recuse themselves due to personal bias or prejudice?
19-8572 Roland Chambers, aka Troy Chambers v. United States Fifth Circuit 2020-05-29 Denied Response WaivedIFP appellate-rights appellate-waiver collateral-relief criminal-sentencing judicial-integrity judicial-process plea-agreement plea-agreements sentencing-rights statutory-entitlement Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
19-8543 Carl L. Burdick v. United States Second Circuit 2020-05-27 Denied Response WaivedIFP 18-usc-3553 advisory-guidelines criminal-procedure judicial-discretion plea-agreement rita-v-united-states sentencing sentencing-guidelines sentencing-range united-states-v-booker Whether the District Court accorded the advisory sentencing guidelines a presumption of reasonableness
19-8444 Clarence Zacke v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2020-05-12 Denied Response WaivedIFP criminal-procedure due-process federal-court-decisions judicial-precedent legal-exemption plea-agreement plea-bargaining prosecutorial-misconduct sentencing-guidelines state-courts Whether the integrity of the court requires enforcement of Rule 3.172(a) Fla. R. Criminal P. where the state has knowingly and intentionally violated …
19-8385 Enrique Lopez Quintero v. United States Ninth Circuit 2020-05-01 Denied Response WaivedIFP career-offender criminal-procedure federal-rules-of-criminal-procedure hughes-v-united-states plea-agreement sentence-reduction sentencing-guidelines type-c-agreement Is a sentence imposed pursuant to a Type-C agreement, Fed. R. Crim. P. 11(c)(1)(C), based on the defendant's United States Sentencing Guidelines range…
19-8325 Qais Hussein v. United States Seventh Circuit 2020-04-21 Denied Response WaivedIFP certificate-of-appealability criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining section-2255 sentencing sentencing-guidelines Is it reasonably debatable that Qais Hussein was deprived the effective assistance of counsel where his defense attorney failed to object to any insin…
19-8312 Lazaro Candelaria v. United States Eleventh Circuit 2020-04-20 Denied Response WaivedIFP criminal-justice-reform criminal-procedure first-step-act ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prior-convictions sentencing sentencing-enhancement shepard-documentation Whether the First Step Act of U.S. Senate Bill 756 applies to the Petitioner
19-8230 Alexander Kates v. New York New York 2020-04-09 Denied IFP access-to-courts due-process fourth-amendment illegal-seizure ineffective-assistance-of-counsel plea-agreement property-return prosecutorial-misconduct retroactivity Whether a plea agreement to return illegally seized property in exchange for a guilty plea, induced by the prosecutor, is breached when the prosecutio…
19-8203 Rashan J. Hunt v. Ohio Ohio 2020-04-07 Denied IFP constitutional-rights cruel-and-unusual-punishment due-process ineffective-assistance-of-counsel plea-agreement repeat-offender repeat-violent-offender sentencing sixth-amendment Was petitioner's plea agreement violated, and his constitutional due process protections violated?
19-8081 Juan Isaac Flores v. California California 2020-03-23 Denied Response WaivedIFP benefits constitutional-rights counsel-performance effective-counsel ineffective-assistance plea-agreement sentencing sixth-amendment Was my Sixth Amendment right to effective counsel violated by Attorney Kovtun's ineffectiveness?
19-8027 Javier Gomez-Carrasquillo v. United States First Circuit 2020-03-18 Denied Response WaivedIFP 18-usc-3553(a) circuit-review criminal-procedure criminal-sentencing individualized-assessment plea-agreement procedural-reasonableness puerto-rico-crime sentencing-factors sentencing-guidelines sentencing-reasonableness substantive-reasonableness Whether the district court erred in imposing a sentence that was procedurally and substantively unreasonable by failing to adequately consider the 18 …
19-1072 Scott Rothstein v. United States Eleventh Circuit 2020-03-02 Denied Response Waived cooperation cooperation-credit criminal-procedure due-process evidentiary-hearing government-withdrawal plea-agreement rule-35 rule-35-motion Whether the Government's right to withdraw a previously earned and filed Rule 35 Motion violates the defendant's due process rights
19-7834 Travis Soto v. Ohio Ohio 2020-03-02 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure federal-courts fifth-amendment finality plea-bargaining constitutional-rights criminal-procedure double-jeopardy federal-courts fifth-amendment finality jury-trial plea-agreement plea-bargaining Whether the Double Jeopardy Clause attaches to charges dismissed during a negotiated plea agreement
19-7848 Barton Joseph Adams v. United States Fourth Circuit 2020-03-02 Denied Response WaivedIFP binding-plea-agreement criminal-procedure criminal-procedure-rule-11-c-1-c criminal-procedure-rule-32-2-e-1-a district-court-misconduct due-process forfeiture plea-agreement property-forfeiture property-rights protective-order rule-11 rule-32.2 sealed-court-order sealing-orders sentencing sentencing-procedure Whether the lower court violated the mandatory requirements of Rule 32.2(e)(1)(A) and breached the Rule 11(c)(1)(C) binding sentence
19-7770 In Re Marcus Williams 2020-02-25 Denied Response WaivedIFP constitutional-violation constitutional-violations deception-by-counsel due-process ineffective-assistance ineffective-assistance-of-counsel involuntary-plea plea-agreement pre-trial-acts-and-omissions pre-trial-counsel structural-error Whether the pre-trial acts and omissions made by Marcus Williams' counsel constituted ineffective assistance of counsel
19-7698 Martin Calderon-Ortalejo v. United States Fifth Circuit 2020-02-18 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure extensive-scope extensive-scope-planning fifth-circuit-review judicial-abuse-of-discretion offense-level-enhancement plea-agreement sentencing-discretion substantial-interference substantial-interference-with-justice total-offense-level Did the United States District Court for the Northern District of Texas, Lubbock Division, abuse its discretion in sentencing?
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…
19-7617 Donato Amaya-Rivas v. United States Eleventh Circuit 2020-02-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-assistance-of-counsel ineffective-counsel plea-agreement plea-bargaining right-against-self-incrimination right-to-counsel sentencing sentencing-enhancement Whether a defendant who raises for the first time on appeal that his plea is unconstitutional because it was entered unknowingly and involuntarily mus…
19-7350 Billy Battenfield v. Oklahoma Oklahoma 2020-01-21 Denied IFP aedpa appeal-waiver criminal-procedure critical-stage garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining post-sentencing retroactivity statute-of-limitations Whether Garza v. Idaho adopts a new watershed rule of procedure that applies retroactively on state collateral review
19-7352 Alfredo Godoy-Machuca v. United States Ninth Circuit 2020-01-21 Denied Response WaivedIFP appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea Whether the Ninth Circuit Court of Appeals erred in concluding that material affirmative misdavice given by defense counsel regarding collateral conse…
19-7303 Michael W. Smith v. Illinois Illinois 2020-01-16 Denied IFP civil-commitment civil-rights constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel mental-competency plea-agreement plea-bargaining sexually-violent-person sixth-amendment Does the Petitioner have a legal right to be admonished about indefinite involuntary civil commitment before accepting a plea agreement?
19-7265 Joseph Totoro, II v. United States Third Circuit 2020-01-13 Denied Response WaivedIFP criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 scienter scienter-requirement sixth-amendment sixth-amendment-access-to-courts speedy-trial Did the Court, the United States Attorney, and the former attorneys violate DOJ policy and Due Process
19-7245 Darren Lavald Bowie v. United States Fifth Circuit 2020-01-10 Denied Response WaivedIFP collateral-relief constitutional-waiver habeas-corpus ineffective-assistance plea-agreement sixth-amendment unknowing-waiver waiver Does a Plea Agreement which waives challenges to collateral relief forbid challenges to ineffective assistance in proceedings following the entry of t…
19-7197 Darryl William Young v. United States Ninth Circuit 2020-01-07 Denied Response WaivedIFP bank-robbery colloquy constitutional-law constitutional-question-of-procedural-law criminal-procedure criminal-procedure-rule-11 criminal-procedure-rule-20 direct-appeal district-court-jurisdiction due-process federal-jurisdiction federal-question-of-statutory-law federal-rules-criminal-procedure jurisdictional-venue overbroad-interpretation plea-agreement plea-validity procedural-requirements sentencing statutory-interpretation statutory-law venue waiver Whether the district court had jurisdictional venue to accept the petitioner's plea agreement and sentence when the requirements of Federal Rules of C…
19-7154 In Re Corey Devon Eaton 2020-01-02 Denied Response WaivedRelisted (2)IFP actual-innocence cause-and-prejudice constitutional-infirmity due-process plea-agreement plea-agreement-involuntary plea-waiver procedural-default retroactive-relief safety-valve whether-plea-agreement-involuntary
19-7117 Vance Edward Ingram, III v. United States Fourth Circuit 2019-12-31 Denied Response WaivedIFP appeal-waiver appellate-procedure constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-power plea-agreement plea-bargaining waiver Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement?
19-7126 Ronald Damon v. United States Third Circuit 2019-12-31 Denied Response WaivedIFP 18-usc-3583 5th-amendment appeal appellate-waiver circuit-split due-process due-process-clause plea-agreement post-conviction-waiver sentencing supervised-release Whether an appellate and post-conviction waiver in a plea agreement barring challenges to the 'sentence imposed' precludes an appeal of the denial of …
19-7130 Fabio Morel v. United States Second Circuit 2019-12-31 Denied Response WaivedIFP appellate-review case-law circuit-court-interpretation criminal-procedure criminal-sentencing judicial-precedent plea-agreement plea-bargaining precedent retroactivity sentencing sentencing-guidelines statutory-construction statutory-interpretation supreme-court-precedent Whether the lower court's decision is in conflict with Freeman v. United States, 564 U.S. 522 (2011) and Hughes v. United States, 138 S. Ct. 1765 (201…
19-7051 Adan Reyes-Martinez v. United States Fifth Circuit 2019-12-23 Denied Response WaivedIFP appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence
19-6998 Patrick Kofalt v. United States Third Circuit 2019-12-18 Denied Response WaivedIFP 2255-motion conflict-of-interest due-process plea-agreement fourth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-procedure judicial-shell-game nix-v-whiteside plea-agreement sixth-amendment Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers are …
19-7004 Mario Torres v. Shawn Hatton, Warden Ninth Circuit 2019-12-18 Denied Response WaivedIFP blanket-policy brady-violations criminal-defendant-rights criminal-procedure discovery due-process evidence-withholding exculpatory-evidence federal-law ineffective-assistance plea-agreement policy right-to-counsel unreasonable-application Whether Contra.Costa County California's blanket policy of depriving a criminal defendant the facts and the evidence (exculpatory or otherwise), surro…
19-6957 Venise Metayer v. Florida Florida 2019-12-16 Denied IFP constitutional-rights double-jeopardy due-process fair-trial fifth-amendment fourteenth-amendment plea-agreement plea-bargaining sentencing sentencing-hearing Did the trial/lower court create a manifest injustice when it allowed the petitioner to plea to charges that violated double-jeopardy laws, when the t…
19-6905 John Alan Conroy v. Cliff Harris, Sheriff, Pecos County, Texas, et al. Texas 2019-12-11 Denied Response WaivedIFP appellate-court-consideration-of-evidence appointment-of-counsel brady-v-maryland brady-violation continuing-duty-of-federal-government criminal-procedure discovery discovery-rules dismissal-with-prejudice due-process evidence-withholding federal-rules-of-criminal-procedure in-camera-review michael-morton-act plea-agreement plea-bargaining rule-16-federal-rules-of-criminal-procedure state-law-enforcement state-law-enforcement-compliance Whether the withholding of recorded statements by the government violates due process and Brady v. Maryland
19-6915 Andrew Lee Thompson, II v. United States Fourth Circuit 2019-12-11 Denied Response WaivedIFP civil-rights constitutional-law criminal-procedure cruel-and-unusual-punishment due-process ex-post-facto plea-agreement plea-bargaining sentencing Whether the United States breached its Plea Agreement and failed to abide by the defendant's sentence and suffering process
19-6842 Vivek Shah v. Marcus Holmes Seventh Circuit 2019-12-04 Denied Response WaivedIFP 28-usc-2241 28-usc-2255 circuit-court-of-conviction collateral-review extortion factual-innocence habeas-corpus habeas-corpus-petition plea-agreement retroactive-statutory-interpretation section-2255 statutory-interpretation Whether a federal prisoner claiming factual innocence as a result of a new, retroactively applicable statutory interpretation by the circuit court of …
19-6638 Yannier Arias v. United States Eleventh Circuit 2019-11-21 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-enhancement trial-counsel Whether conflicting affidavits require an evidentiary hearing for ineffective-assistance-of-counsel
19-6649 Alfred L. Brooks v. Dean Borders, Warden Ninth Circuit 2019-11-15 Denied Response WaivedIFP cruel-and-unusual-punishment cruel-punishment dismissed-allegations double-jeopardy due-process extrajudicial-proceeding extrajudicial-proceedings parole parole-hearing plea-agreement Can state District Attorney's Office and/or California Board of Parole Hearings utilize Parole Consideration Hearings as extrajudicial proceedings to …
19-617 Nekebwe Superville v. United States Second Circuit 2019-11-14 Denied Response Waived aggravated-felony attorney-misadvice deportation Padilla-v-Kentucky plea-agreement will equivocal-warnings 28-usc-2255 criminal-procedure deportation-consequences immigration ineffective-assistance ineffective-assistance-of-counsel judicial-warning plea-agreement plea-bargaining strickland-standard strickland-v-washington When conducting an analysis under 28 U.S.C. § 2255(f) and Strickland v. Washington, will equivocal warnings given by a judge pursuant to Fed. R. Crim.…
19-611 Rene A. Boucher v. United States Sixth Circuit 2019-11-13 Denied Response RequestedResponse WaivedRelisted (2) appeal below-guideline-sentence criminal-procedure double-jeopardy due-process plea-agreement plea-bargaining sentencing sentencing-appeal waiver waiver-of-rights Did the government waive its right to appeal the defendant's sentence?
19-6589 Alicia Norman, Kendra Brantley, and Deenvaughn Rowe v. United States District of Columbia 2019-11-13 Denied IFP attorney-client-relationship criminal-procedure criminal-procedure-rule-11 due-process federal-rules judicial-interference plea-agreement plea-bargaining sentencing sentencing-guidelines standard-of-review Was the D.C. Circuit's affirmance of Petitioner Brantley's convictions erroneous and in conflict with other federal jurisdictions on the requirements …
19-6606 Ryan T. Root v. United States Second Circuit 2019-11-13 Denied Response WaivedIFP constitutional-violation criminal-procedure cumulative-errors double-prosecution due-process ineffective-counsel law-and-fact merger-doctrine miscarriage-of-justice money-laundering plea-agreement sentencing sentencing-guidelines standard-of-review Whether cumulative errors led to a miscarriage of justice
19-6612 Jerome Small v. Pennsylvania Pennsylvania 2019-11-13 Denied Response WaivedIFP abuse-of-discretion brady-claim constitutional-procedure due-diligence judicial-discretion pcra-court-discretion plea-agreement prosecutorial-disclosure prosecutorial-misconduct timeliness Is there four (4) prongs to establishing a Brady claim?
19-6615 Jayvonne Johnson v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP appeal-rights appellate-rights appellate-waiver collateral-relief criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-agreements statutory-entitlement statutory-rights Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
19-6627 Andre Williamson v. United States Ninth Circuit 2019-11-13 Denied Response WaivedIFP boykin-standard boykin-v-alabama due-process equal-protection judicial-fairness mental-health mental-health-defendant mental-health-defendants plea-agreement plea-agreements plea-bargaining sentencing strickland-standard strickland-v-washington Will the Supreme Court re-affirm Boykin v. Alabama and Strickland v. Washington for mentally challenged defendants?
19-6575 Dorothy Williams Elliott v. Florida Florida 2019-11-12 Denied Relisted (2)IFP civil-rights court-proceedings criminal-procedure due-process expungement ineffective-assistance-of-counsel legal-counsel plea-agreement plea-bargaining probation sentencing Whether the state court erred in denying petitioner's motion to vacate conviction and sentence, given the ineffective assistance of counsel and due pr…
19-6560 Matthew Joseph Lucio v. United States Fifth Circuit 2019-11-08 Denied Response WaivedIFP consideration contract-law criminal-procedure due-process fifth-amendment guilty-plea habeas-corpus plea-agreement united-states-court-of-appeals Whether Mr. Lucio's plea agreement which extracted his guilty plea lacks consideration, and if so, whether his guilty plea violates the Fifth Amendmen…
19-6421 Ralph Herman Fox, Jr. v. United States Eleventh Circuit 2019-10-30 Denied Response WaivedIFP due-process fairness government-misconduct judicial-discretion plea-agreement plea-bargaining public-policy sentencing statutory-maximum supervisory-powers Whether the district court violated due process and public policy by imposing the statutory maximum sentence despite the government's plea agreement t…
19-6363 David Pearson v. United States Eleventh Circuit 2019-10-24 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal-rights armed-career-criminal armed-career-criminal-act categorical-analysis drug-offense drug-offenses ineffective-assistance ineffective-assistance-of-counsel mandatory-minimum plea-agreement sentencing sentencing-enhancement statutory-maximum Did the court of appeals erroneously dispense with the requisite categorical analysis of predicate prior convictions?
19-6376 Josue Osvaldo Solis v. United States Fifth Circuit 2019-10-24 Denied Response WaivedIFP appeal construction criminal-procedure due-process fairness fairness-doctrine plea-agreement sentence-appeal sentencing waiver waiver-of-rights Whether a defendant can knowingly waive the right to appeal his sentence before understanding the right
19-6314 Ralph Willard Savoie v. United States Fifth Circuit 2019-10-21 Denied Response WaivedIFP conflict-of-interest criminal-procedure due-process haymond-v-united-states parole plea-agreement precedent sentencing statutory-interpretation suborned-perjury supervised-release supreme-court supreme-court-precedent united-states-v-watts waiver-of-appeal Can United States v. Watts stand in light of recent holdings in Haymond v. United States?
19-491 Nilesh Bharatkumar Kumar v. United States Ninth Circuit 2019-10-17 Denied Response Waived criminal-procedure hill-v-lockhart immigration-law ineffective-assistance ineffective-assistance-of-counsel legal-resident plea-agreement plea-bargaining prejudice-analysis strickland-standard strickland-v-washington Whether a noncitizen defendant with legal resident status and extended familial and property ties to the United States must prove that a superior alte…
19-6295 Antonio Flores v. United States Fifth Circuit 2019-10-17 Denied Response WaivedIFP appeal-waiver appearance-of-partiality circuit-split constitutional-due-process constitutional-review district-court due-process judicial-bias judicial-impartiality miscarriage-of-justice plea-agreement sentencing-procedure Does a broad appeal waiver preclude appellate review of a district court's findings if the judge created a constitutionally impermissible appearance o…
19-6231 William Dean Chapman v. United States Fourth Circuit 2019-10-16 Denied Response WaivedRelisted (2)IFP aedpa aedpa-limitations circuit-split due-process equitable-tolling evidentiary-hearing fraud-upon-the-court habeas-corpus hill-v-lockhart holland-v-florida kyles-v-whitley lemaster materiality miller-v-united-states plea-agreement prosecutorial-misconduct raines-v-united-states rule-11 standing strickland supreme-court-precedent Is equitable tolling warranted when access to legal files and resources is severely hampered?
19-6240 John Lee Norris v. United States Eighth Circuit 2019-10-10 Denied Response WaivedIFP 10th-amendment 5th-amendment 9th-amendment civil-rights constitutional-rights criminal-procedure due-process federal-criminal-jurisdiction judicial-standing plea-agreement standing subject-matter-jurisdiction supremacy-clause Whether the United States Court's for the Eighth circuit has failed to adhere to the accepted and usual course of Judicial proceedings
19-6185 Aaron Lee Smiley v. United States Fourth Circuit 2019-10-07 Denied Response WaivedRelisted (2)IFP appellate-review civil-rights coercion constitutional-rights due-process forfeiture home-forfeiture ineffective-assistance ineffective-assistance-of-counsel plea-agreement standing Does a plea agreement need to pass constitutional muster before it waives a person's right to challenge on appeal the forfeiture of his or her home?
19-6132 Christian Joseph Chavez v. United States Fifth Circuit 2019-10-03 Denied Response WaivedIFP appeal-waiver circuit-split criminal-procedure due-process judicial-review miscarriage-of-justice plea-agreement sentencing Whether the Fifth Circuit Court of Appeals' two-step inquiry for determining the validity of an appeal waiver in a plea agreement should be expanded t…
19-6021 Ricardo Valles De La Rosa v. United States Fifth Circuit 2019-09-23 Denied Response WaivedIFP braxton-precedent braxton-v-united-states criminal-procedure due-process fifth-circuit nelson-v-colorado plea-agreement plea-bargaining sentencing Whether the Fifth Circuit Court of Appeals' affirmance of the petitioner's guilty-plea sentence violated petitioner's due process rights
19-5954 Ricardo Irive v. Jo Gentry, Warden, et al. Ninth Circuit 2019-09-16 Denied Response WaivedIFP attorney-negligence constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sixth-amendment Does it constitute ineffective assistance of counsel to allow a plea agreement the defendant wished to take lapse due to mistake or negligence?
19-5874 David Kirkland v. United States Third Circuit 2019-09-09 Denied Response WaivedIFP acceptance-of-responsibility constitutional-claim evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prejudice sentencing-reduction sixth-circuit strickland-standard third-circuit trial Whether the petitioner's attorney was ineffective for withholding information
19-5856 Amando Villarreal Heredia v. United States Ninth Circuit 2019-09-06 Denied Response WaivedIFP 18-usc-3582 18-usc-3582c2 drug-quantity fed-r-crim-p-11 federal-criminal-procedure federal-rules-of-criminal-procedure guidelines-range modification-proceeding plea-agreement sentence-recalculation sentencing-guidelines sentencing-modification In a Modification Proceeding pursuant to 18 U.S.C. § 3582(c)(2), may a district court make new findings of fact to recalculate drug-quantity beyond th…
19-5811 Joe Edger v. United States Eighth Circuit 2019-09-05 Denied Response WaivedIFP ambiguity conflict constitutional-rights contract-law court-of-appeals criminal-procedure criminal-process due-process government-discretion plea-agreement prosecutorial-misconduct Does the phrase 'cited in the defense of conviction' have a specific legal definition?
19-5778 Hosam Maher Husein Smadi v. United States Fifth Circuit 2019-09-03 Denied Response WaivedIFP 18-usc-3553a constitutional-rights due-process effective-counsel equal-protection manifest-injustice plea-agreement right-to-effective-counsel rule-11 sentencing sentencing-guidelines supreme-court-precedent Whether Smadi in this Case would suffer a manifest injustice and an extreme hardship by serving several extra years in prison
19-5738 Carlos Manuel Perez-Crisostomo v. United States First Circuit 2019-08-29 Denied Response WaivedIFP acceptance-of-responsibility criminal-procedure due-process identity name obstruction-of-justice plea-agreement puerto-rico sentencing sentencing-court sentencing-enhancement sentencing-guidelines u.s.s.g.-3c1.1 Whether the Sentencing Court erred in finding Petitioner obstructed justice, pursuant to U.S.S.G. § 3C1.1, when Petitioner did not correct the name un…
19-5742 Robert Gene Rand v. United States Ninth Circuit 2019-08-29 Denied Response WaivedIFP acceptance-of-responsibility appellate-review criminal-procedure district-court district-court-discretion factual-findings ninth-circuit plea-agreement sentencing-guidelines sentencing-guidelines-application sentencing-reductions standard-of-review Whether a circuit court errs by affirming a district court's decision regarding the applicability of the United States Sentencing Guidelines based on …
19-5646 Brian Caputo v. United States Ninth Circuit 2019-08-20 Denied Response WaivedIFP cognitive-capacity cognitive-impairment competency criminal-procedure criminal-procedure-plea-bargaining due-process knowing-intelligent-waiver mental-capacity neurological-impairment neurology plea-agreement Does a defendant knowingly, voluntarily, and intelligently enter into a plea agreement where he is neurologically incapable of understanding the futur…
19-5641 David Anthony Gordon v. United States Eleventh Circuit 2019-08-19 Denied Response WaivedIFP appeal-waiver due-process government-breach judicial-assignment judicial-procedure mandatory-minimum plea-agreement safety-valve sentencing sentencing-discretion Whether the Eleventh Circuit erroneously dismissed portions of the appeal based on an invalid plea agreement waiver
19-5603 Jonathan Javier Aleman v. United States Eleventh Circuit 2019-08-15 Denied Response WaivedIFP appeal-waiver certificate-of-appealability collateral-review constitutional-counsel criminal-case-defendant-rights criminal-defense evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-appeal sentencing sentencing-challenge subject-matter-jurisdiction Was defense counsel's advice constitutionally inadequate?
19-5536 Gabriel Vashon Seay v. United States Fourth Circuit 2019-08-12 Denied Response WaivedIFP case-law criminal-procedure due-process ineffective-assistance ineffective-counsel investigation legal-investigation plea-agreement plea-bargaining right-to-counsel strickland-standard strickland-v-washington Where Strickland v. Washington serves as the current case law protecting an accused's right to fair and competent assistance of legal counsel, there a…
19-5538 Timothy Jamaras Burns v. United States Fifth Circuit 2019-08-09 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process fifth-circuit habeas-corpus plea-agreement plea-bargaining section-2255 waiver-of-appeal Whether the Fifth Circuit erred by ruling that Mr. Burns § 2255 claims are barred by the Waiver of Appeal provision in his Plea Agreement
19-5539 Nicholas Gilbert Beattie v. United States Eighth Circuit 2019-08-09 Denied Response RequestedResponse WaivedRelisted (2)IFP breach-of-contract contract-law criminal-procedure due-process ethics plea-agreement prosecutorial-conduct prosecutorial-misconduct sentencing sentencing-recommendation Whether the prosecutor's conduct in speaking out of both sides of his mouth with respect to a sentencing recommendation they had agreed to make is a b…
19-5546 Kevin Lyndell Yates v. Amy M. Harper Fourth Circuit 2019-08-09 Denied IFP civil-rights consent-to-search constitutional-rights due-process effective-assistance-of-counsel ineffective-assistance-of-counsel interrogation inventory-of-seized-items miranda-warnings plea-agreement police-questioning search-warrant Does a defendant have a constitutional right to be read Miranda warnings?
19-5505 Jose Hernandez-Carbajal v. United States Fourth Circuit 2019-08-08 Denied Response WaivedIFP due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated
19-5422 Michael A. Webb v. United States Fifth Circuit 2019-07-31 Denied Response WaivedIFP adam-walsh-act adam-walsh-child-protection-and-safety-act constitutional-rights criminal-procedure criminal-prosecution double-jeopardy ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-guidelines Ineffective-assistance-of-counsel
19-5407 Fabian Delgado v. United States Fifth Circuit 2019-07-30 Denied Response WaivedIFP consideration contract contract-law criminal-procedure defendant-benefit due-process legal-principle plea-agreement sentencing Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement
19-5362 Kasine Deleston v. United States Second Circuit 2019-07-26 Denied Response WaivedIFP and Ultimately Breached if it Contains an Unfulfi ambiguity breach-of-contract criminal-procedure defendant-rights due-process government-breach government-misconduct plea-agreement plea-bargaining plea-withdrawal sentencing sentencing-stipulation withdrawal-of-plea Whether a Plea Can be Ambiguous, and Ultimately Breached if it Contains an Unfulfillable Sentencing Stipulation and the Government Fails to Offer the …
19-5300 Fremo Santana v. United States Third Circuit 2019-07-25 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination guideline-range ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-guidelines sentencing-proceedings Whether defense counsel's performance was constitutionally ineffective for erroneously miscalculating petitioner's guideline range which was the decid…
19-5333 Charles York Walker, Jr. v. United States Fourth Circuit 2019-07-25 GVR IFP abuse-of-discretion case-specific-factors criminal-procedure criminal-procedure-rule-11 discretion district-court district-court-discretion felon-in-possession grand-jury incorrect-assumptions opioid-crisis plea-agreement plea-bargaining policy-disagreement rehaif-standard rule-11 Whether a district court abuses its discretion in rejecting plea agreements based on policy disagreements
19-5118 Jason Paul Mathison v. Washington Washington 2019-07-09 Denied IFP collateral-attack constitutional-rights criminal-procedure due-process involuntary-plea judicial-procedure plea-agreement plea-bargaining probation sentencing sentencing-conditions time-limits treatment-program vagueness Are constitutional rights of due process violated when a court imposes a condition that requires a defendant to 'successfully complete' a treatment pr…
19-5066 Jordon Louis Dongarra v. United States Sixth Circuit 2019-07-05 Denied Response WaivedRelisted (2)IFP 18-usc-3161 constitutional-claims double-jeopardy due-process federal-court habeas-corpus ineffective-counsel jurisdiction plea-agreement prisoner-rights pro-se speedy-trial statutory-interpretation Whether the dismissal of the first indictment under 18 USC 3161(b) and the subsequent untimely indictment without an alignment violates due process an…
19-5038 Donald Willems v. United States Eleventh Circuit 2019-07-02 Denied Response WaivedIFP appeal-waiver constitutional-protections contract-law criminal-procedure due-process plea-agreement right-to-counsel sixth-amendment speedy-trial Does an Appeal Waiver which is contained within a Plea Agreement toll the filing of a Notice to Appeal under the Sixth Amendments right to a speedy tr…
18A1365 Juaquene Solomon v. United States Sixth Circuit 2019-06-26 Presumed Complete career-offender controlled-substance judicial-discretion plea-agreement sentencing-guidelines sixth-circuit Whether a district court's career offender determination under the United States Sentencing Guidelines constitutes an improper judicial enhancement of…
18-9747 Glenn Damond v. Louisiana Louisiana 2019-06-20 Denied Response WaivedIFP bills-of-credit civil-rights constitutional-rights due-process extortion financial-instrument fraud fraud-on-court judicial-function judicial-misconduct natural-rights plea-agreement trespassing Is it constitutional for the trial court to disguise an investment instrument into a criminal plea agreement, use it to extort the rights of an americ…
18-9701 Antoine Gause v. United States Fourth Circuit 2019-06-18 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process judicial-error miscarriage-of-justice plea-agreement plea-bargaining sentencing supervised-release Whether the lower courts fundamentally erred through a miscarriage of justice, by unconstitutionally sentencing the Petitioner to a longer sentence an…
18-9672 Jill Andras LeBlanc v. United States Fifth Circuit 2019-06-14 Denied Response WaivedIFP appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-procedure statutory-rights Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
18-9635 Carlos Antonio Flores v. United States Fourth Circuit 2019-06-12 Denied Response WaivedIFP adequate-deference co-defendant-sentences deference due-process just-punishment plea-agreement plea-bargaining sentencing sentencing-disparities substantive-reasonableness Whether the sentence is substantively unreasonable due to unwarranted sentencing disparities and failure to provide for just punishment and adequate d…
18-9581 Marcus Arenell Evans v. United States Fifth Circuit 2019-06-07 Denied Response WaivedIFP appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as…
18A1262 Alexander Christian Miles v. United States Tenth Circuit 2019-06-04 Presumed Complete aedpa circuit-split factual-innocence habeas-corpus plea-agreement writ-of-certiorari Whether federal courts can restrict second or successive habeas petitions under the AEDPA's savings clause when a prisoner claims factual innocence or…
18-9303 Larry Ray Lincks v. United States Fifth Circuit 2019-05-16 Denied Response WaivedIFP appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpretatio…
18-9291 Adrian Green v. United States Eleventh Circuit 2019-05-15 Denied Response WaivedIFP 6th-amendment career-offender criminal-history due-process ineffective-assistance ineffective-assistance-of-counsel plain-error plea-agreement prior-convictions sentencing sentencing-error Was defense counsel ineffective or deficient in their representation of the defendant?
18-9255 Santosh Ram v. United States Eighth Circuit 2019-05-14 Rehearing Response WaivedRelisted (2)IFP criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel involuntary-plea mental-competency mental-disease-defect plea-agreement plea-bargaining search-and-seizure sentencing sentencing-guidelines Whether there was violation of due process of law by the failure of the trial court to order the mental competency evaluation and/or conduct mental co…
18-9216 Klark Deziray Hopkins v. California California 2019-05-09 Denied Response WaivedIFP appeal appeal-waiver constitutional-rights due-process fourteenth-amendment ineffective-assistance liberty plea-agreement presumption-against-waiver property right-to-appeal Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause's guaranty against deprivations…
18-9168 Melissa Owens v. United States Sixth Circuit 2019-05-08 Denied Response WaivedIFP civil-rights controlled-substances criminal-history drug-trafficking due-process equal-protection plea-agreement racial-discrimination school-desegregation sentencing sentencing-guidelines voting-rights Whether the district court erred in calculating the defendant's criminal history score and sentencing range under the United States Sentencing Guideli…
18-9180 Cesar Arce-Hernandez v. United States Ninth Circuit 2019-05-07 Denied Response WaivedIFP appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appeal i…
18-9049 Jackie Madore v. United States First Circuit 2019-04-30 Denied Response WaivedIFP appellate-procedure appellate-waivers contract-law criminal-law criminal-procedure due-process plea-agreement plea-bargaining sentencing sentencing-disparity Whether the Supreme Court should review appellate waivers in criminal cases under principles of contract law
18-8995 Maurice Anderson v. United States Fourth Circuit 2019-04-25 Denied Response WaivedIFP breach-of-contract due-process federal-rules-of-criminal-procedure first-amendment judicial-discretion legitimate-government-purpose plea-agreement plea-bargaining sentencing type-c-agreement When a judge can deem himself unbound to a Type-C plea agreement and impose a greater sentence
18-8978 Rico Montell Reid v. United States Fourth Circuit 2019-04-24 Denied Response WaivedIFP criminal-procedure criminal-procedure-11 defendant-rights district-court due-process judicial-coercion judicial-discretion plea-agreement plea-bargaining presentence-report sentencing sentencing-guidelines withdrawal-of-plea Whether Federal Rule of Criminal Procedure 11 prohibits a district court from discussing sentencing options with a defendant at the sentencing hearing
18-8912 Cirilo Flores v. United States Third Circuit 2019-04-22 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-procedure-plea-bargaining due-process guilty-plea hill-v-lockhart ineffective-assistance ineffective-assistance-of-counsel plea-agreement prejudice strickland-v-washington voluntary-and-intelligent-choice voluntary-plea Whether the guilty plea entered was legal when the petitioner did not fully understand, know or intelligently accept the voluntary guilty plea agreeme…
18-8922 In Re Efrain Campos 2019-04-19 Denied IFP due-process fraud habeas-corpus parole parole-eligibility plea-agreement plea-bargaining prosecutorial-misconduct sentencing Was Petitioner Efrain Campos Denied A Fundamentally Fair Guilty Plea Procedural Execution
18-8842 Michael Demon Nixon v. United States Fifth Circuit 2019-04-16 Denied Response WaivedIFP commerce-clause criminal-procedure due-process federal-firearms-law-922g firearm-possession interstate-commerce mens-rea plain-error-review plea-agreement statutory-interpretation sufficiency-of-evidence sullivan-v-louisiana Whether 18 U.S.C. §922(g) authorizes conviction upon proof that a firearm once crossed state lines at an unspecified prior occasion, when there is no …
18-8846 Silvio Lopez Cuellar v. United States Eleventh Circuit 2019-04-16 Denied Response WaivedIFP appellate-review criminal-procedure district-court due-process plea-agreement plea-bargaining sentencing sentencing-appeal sentencing-guidelines statutory-interpretation waiver-of-rights Does a defendant's plea agreement waiver of the statutory right of a sentencing appeal preclude appellate review of the sentence even where the distri…
18-8829 Leonid Djuga, aka Leonid Dzhuga v. United States Fifth Circuit 2019-04-15 Denied Response WaivedIFP appeal-rights appellate-waiver circuit-split criminal-sentencing due-process involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining statutory-rights Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement?
18-8831 Javier Contreras Vargas v. United States Fifth Circuit 2019-04-15 Denied Response WaivedIFP appeal-waiver booker booker-remedy constitutional-challenge criminal-procedure due-process plea-agreement public-policy sentencing-enhancement sentencing-guidelines Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as…
18-8794 Ricky Raymond Ball v. United States Eighth Circuit 2019-04-11 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N)
18-1282 David Lee Sanders v. Alabama Alabama 2019-04-09 Denied Response Waived constitutional-rights criminal-procedure double-jeopardy due-process illegal-plea plea-agreement plea-bargaining probation reversal sentencing speedy-trial Whether a criminal defendant who pleads guilty pursuant to an illegal plea agreement is entitled to include the time from his original arrest until re…
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…
18-8623 Justin Cole Milam v. United States Fourth Circuit 2019-03-29 Denied Response WaivedIFP appeal-waiver constitutional-review criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing standard-of-review Are appeal waivers in federal criminal plea agreements unconstitutional?
18-8630 Joseph Christopher Birdtail v. United States Ninth Circuit 2019-03-29 Denied Response WaivedIFP criminal-procedure discovery due-process evidentiary-hearing federal-rules-of-civil-procedure habeas-corpus habeas-proceedings ineffective-assistance-of-counsel plea-agreement plea-bargaining plea-withdrawal section-2255 Is it error for a district court to deny either discovery proceedings or an evidentiary hearing under the Federal Rules Governing Section 2255 Proceed…
18-8495 Leroy Scott v. United States Fourth Circuit 2019-03-22 Denied Response WaivedIFP brady-violation conflict-of-interest death-penalty ineffective-assistance ineffective-assistance-of-counsel missouri-v-frye plea-agreement plea-bargaining right-to-counsel Whether counsel's ineffectiveness conflicts with the holding in Missouri v. Frye
18-8410 Marshall Ray Miller v. Joseph L. McFadden, Warden Fourth Circuit 2019-03-14 Denied Response WaivedIFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fourth-circuit ineffective-assistance-of-counsel law-enforcement-statements personal-jurisdiction plea-agreement plea-bargaining sentencing Did the Fourth Circuit Court of Appeals err in not issuing a Certificate of Appealability where Petitioner demonstrated a substantial showing of a con…
18-8364 James D. Sullivan v. United States Sixth Circuit 2019-03-11 Denied Response WaivedIFP child-pornography criminal-procedure evidence-rule-414 evidentiary-hearing federal-rules-of-evidence grand-jury plea-agreement plea-withdrawal prosecutorial-discretion rule-104 rule-414 Whether the trial court must determine by a preponderance of evidence that the defendant engaged in child molestation conduct
18-8273 Cecilio Cuero Payan v. United States Eleventh Circuit 2019-03-06 Denied IFP conflict-free-attorney conflict-of-interest criminal-defendant criminal-procedure ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-counsel sixth-amendment waiver Whether, under the sixth amendment, a criminal defendant may waive his right to raise a claim of ineffective assistance of counsel as part of a plea-a…
18-8301 Michael Daniel Cuero v. Ralph Diaz, Acting Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2019-03-06 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review court-of-appeals court-of-appeals-interpretation district-court due-process judicial-review mandate plea-agreement remand rule-21 sentencing sentencing-consequences state-court supreme-court-mandate writ-of-mandamus What was the import of the Court's prior decision?
18-8247 Patrick Joseph Kofalt v. United States Third Circuit 2019-03-04 Denied Response WaivedIFP conflict-of-interest constitutional-rights counsel-waiver due-process ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining right-to-counsel sixth-amendment waivers Are all ineffective assistance of counsel waivers per se invalid because they violate the Sixth Amendment's right to conflict-free representation?
18-8183 Gregory Frank Sperow v. United States Ninth Circuit 2019-03-01 Denied Response WaivedIFP appeal-waiver civil-procedure due-process fifth-amendment fundamental-fairness government-breach government-misconduct plea-agreement property-rights rule-11 waiver waiver-provision Whether the government can breach a Rule 11(c)(1)(c) plea agreement concerning the return of seized properties and then rely on the agreement's waiver…
18-8210 Mahogany Taquilla Alexander v. Mark S. Inch, Secretary, Florida Department of Corrections Eleventh Circuit 2019-03-01 Denied Response WaivedIFP 14th-amendment 5th-amendment amendment-violation constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance plea-agreement plea-bargaining sentencing sentencing-discretion Did trial court abuse discretion by considering nolle prossed charge in sentencing, violating 5th and 14th Amendment rights
18-8173 Ruben R. Herrera v. Brandon Price Ninth Circuit 2019-02-28 Denied Response WaivedRelisted (2)IFP 5th-amendment arbitrary-and-capricious civil-rights collateral-estoppel double-jeopardy due-process fifth-amendment fourteenth-amendment plea-agreement pre-trial-detention Whether petitioner's pre-trial detention violates his Fifth and Fourteenth Amendment rights against double jeopardy and due process
18-8176 Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-02-28 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment Was the petitioner's guilty plea knowingly and intelligently made?
18-8188 Jermaine C. Williams v. Ron DeSantis, Governor of Florida, et al. Eleventh Circuit 2019-02-28 Denied Response WaivedIFP constitutional-interpretation constitutional-law contract contract-clause criminal-procedure due-process judgment judicial-review lower-tribunal plea-agreement sentencing united-states-constitution Whether the plea agreement affirmed by the lower tribunal judgment violated the contract and due process clauses of the United States Constitution
18-8130 Eduardo Segoviano-Briseno v. United States Fifth Circuit 2019-02-25 Denied Response WaivedIFP consideration contract-law criminal-procedure defendant-rights due-process federal-courts judicial-interpretation legal-consideration plea-agreement plea-bargaining sentencing Whether principles of contract law require consideration (benefit to the defendant) to support a valid plea agreement
18-1102 Askia Cuff v. Virginia Virginia 2019-02-22 Denied Response Waived abandonment coercion counsel-withdrawal criminal-procedure plea-agreement plea-bargaining right-to-counsel sixth-amendment voluntariness voluntary voluntary-waiver withdrawal Was Appellant's waiver of his Sixth Amendment right to trial, pursuant to a plea agreement, freely and voluntarily made or the product of coercion — t…
18-8098 In Re Christopher Hanson 2019-02-22 Denied IFP due-process government-interference habeas-corpus pcra plea-agreement post-conviction-relief-act statutory-interpretation statutory-provisions timeliness Whether appellant Hanson's PCRA's were timely under 42 Pa. C.S. §9545(b) due to government interference and refusal to release documents
18-8115 Kenny Daniel Barrios v. United States Eighth Circuit 2019-02-22 Denied Response WaivedIFP 28-usc-2255 certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-guidelines sixth-amendment type-c-plea Whether the failure of counsel to object to inaccurately calculated Sentencing Guidelines is ineffective assistance of counsel
18-7997 Samuel Gregg Allen v. United States Fifth Circuit 2019-02-15 Denied Response WaivedIFP appeal civil-rights constitutional-provision criminal-procedure due-process fifth-circuit plea-agreement unconstitutional waiver waiver-of-appeal Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Allen's Plea Agreement
18-7896 Ricardo Montanez-Quinones v. United States First Circuit 2019-02-13 Denied Response WaivedIFP child-pornography distribution evidence knowingly-distributed knowledge plea-agreement prosecutorial-discretion sentencing-enhancement sentencing-guidelines What constitutes sufficient evidence of knowledge to support two-level enhancement for 'knowingly engaging in distribution' of child-pornography under…
18-7859 Frank D. Monsegue, Sr. v. United States Eleventh Circuit 2019-02-08 Denied Response WaivedRelisted (2)IFP 6th-amendment criminal-procedure criminal-procedure-defects due-process federal-jurisdiction federal-rules-of-criminal-procedure plea-agreement standing subpoena warrantless-arrest Whether defective summons/subpoena (without authorizing authority, name or signature) attached herein render the indictment defective?
18-7842 Brian Michael Burton v. United States Sixth Circuit 2019-02-07 Denied Response WaivedIFP emotional and physical dominion and control over 5th-amendment confidential-informant downward-departure due-process government-misconduct plea-agreement psychological-control sentencing statutory-minimum-sentence Whether a downward departure from a statutory minimum sentence is warranted
18-7740 Esequiel Joel Rodriguez v. United States Fifth Circuit 2019-02-04 Denied Response WaivedIFP acceptance-of-responsibility certificate-of-appealability due-process government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing-enhancement sixth-amendment Whether it was error to deny Rodriguez a Certificate of Appealability to pursue his Sixth Amendment claim on appeal
18-7639 Caster Delaney Whetstone v. United States Fourth Circuit 2019-01-29 Denied IFP appellate-waiver armed-career-criminal armed-career-criminal-act circuit-split illegal-sentence plea-agreement sentencing statutory-maximum Whether a defendant's challenge to his status as an armed career criminal, where the sentence is in excess of the otherwise applicable statutory maxim…
18-7593 Richard Michael Sanchez v. United States Ninth Circuit 2019-01-28 Denied Response WaivedIFP appellate-waiver consecutive-sentence criminal-procedure criminal-sentencing due-process legal-interpretation plea-agreement sentencing Does a plea agreement's limited appellate waiver preclude a defendant's challenge of a decision to impose a consecutive sentence where the appellate w…
18-7607 Bruce White v. United States Seventh Circuit 2019-01-28 Denied Response WaivedIFP counsel-actions criminal-procedure criminal-procedure-plea-bargaining defendant-rights due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel motion-withdrawal plea-agreement plea-bargaining right-to-counsel sentencing voluntary-plea withdrawal-of-plea Whether a plea was entered voluntarily, intelligently, and knowingly
18-7588 Frank Odom, Jr. v. United States Fourth Circuit 2019-01-25 Denied Response WaivedIFP appeal-waiver district-court due-process fourth-circuit mitigation mitigation-arguments plea-agreement remand sentencing Does a plea agreement with an appeal waiver waive the right to obtain a remand requiring the district court to actually consider the defendant's mitig…
18-7554 Jack Ferm v. Office of the Attorney General of Nevada Nevada 2019-01-24 Denied IFP attorney-general-misconduct contract-breach contract-damages fair-dealing false-statement gainful-employment good-faith good-faith-and-fair-dealing implied-covenant implied-covenant-of-good-faith-and-fair-dealing plea-agreement restitution Whether the court below erroneously held that a false statement by the Attorney General did not breach the plea agreement or the 'Spirit the contract'…
18-7447 Christopher E. Lemon v. United States Fifth Circuit 2019-01-16 Denied Response WaivedIFP constitutional constitutional-provision constitutional-rights criminal-procedure due-process fifth-circuit plea-agreement waiver-of-appeal Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Lemon's Plea Agreement
18-7418 Derrick T. Seals v. United States Eighth Circuit 2019-01-15 Denied Response WaivedIFP 851-enhancement ambiguous-plea contract criminal-procedure due-process enhancement government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing sentencing-enhancement sentencing-guidelines supervised-release Did government breach plea agreement/contract when defendant never agreed to enhancement?
18-7419 Fausto Becerra v. United States Fifth Circuit 2019-01-15 Denied Response WaivedIFP accountability constitutional-rights criminal-procedure drug-offenses drug-quantity due-process maximum-punishment plea-agreement plea-bargain prosecutorial-discretion sentencing sentencing-enhancement sentencing-guidelines Whether the district court erred in sentencing the petitioner beyond the maximum punishment for the conduct he was 'accountable' for under the plea ba…
18-854 George Alvarez v. City of Brownsville, Texas Fifth Circuit 2019-01-04 Denied Amici (2)Response RequestedResponse WaivedRelisted (2) brady-disclosure brady-v-maryland criminal-defendant criminal-procedure due-process exculpatory-evidence monell-liability municipal-liability plea-agreement plea-bargaining united-states-v-ruiz Whether due process requires the government to disclose exculpatory evidence before entering a plea agreement with a criminal defendant
18-7150 Daniel Hostetler v. Kentucky Kentucky 2018-12-20 Denied Response WaivedIFP brady-violation brady-violation-suppression circuit-split constitutional-rights criminal-procedure due-process exculpatory-evidence guilty-plea plea-agreement prosecutorial-misconduct suppression Whether material exculpatory evidence is unconstitutionally suppressed when the defense is made aware its existence and its content, but is later inco…
18-7104 Axel Irizarry-Rosario v. United States First Circuit 2018-12-19 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process government-misconduct government-obligation government-obligations judicial-ethics plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-argument statutory-interpretation Whether the government may avoid its obligation to scrupulously observe the terms of a plea agreement by including in its sentencing argument informat…
18-7106 Ramiro Plascencia-Orozco v. United States Ninth Circuit 2018-12-19 Denied Response WaivedIFP appeal breach breach-of-contract commerce-clause constitutional-violation criminal-procedure double-jeopardy due-process eleventh-amendment judicial-power plea-agreement sentencing Whether the District Court Erred When it Declared, Petitioner Breached His 2011 Plea Agreement and Thus Allowed the Government to go Forward on Charge…
18-7087 Daniel Lopez v. United States Tenth Circuit 2018-12-18 Denied Response WaivedIFP circuit-court-conflict circuit-court-split circuit-split criminal-procedure due-process judicial-review plain-error plea-agreement prosecutorial-misconduct Whether the District Court committed plain error by allowing the prosecutor to commit prosecutorial misconduct by breaching the plea agreement
18-7042 Robert Tracy Warterfield v. Texas Texas 2018-12-14 Denied IFP constitutional-interpretation contracts-clause due-process federal-precedent plea-agreement retroactive-application retroactive-legislation state-plea-agreements supreme-court-precedent What is the proper application of the Contracts Clause to a plea agreement contract, and did Texas misapply the Federal Contracts Clause to Petitioner…
18-6995 Ashley Owens v. United States Fifth Circuit 2018-12-11 Denied Response WaivedIFP co-defendant co-defendant-disparity criminal-procedure due-process equal-protection loss-calculation plea-agreement sentencing Did the Lower Courts violate the Due Process Clause when they sentenced Owens based on an unproven and inflated loss?
18-6938 Jarrod Phillips v. Rusty Washburn, Warden Sixth Circuit 2018-12-07 Denied Response WaivedIFP appeal appellate-procedure boykin-precedent boykin-v-alabama civil-rights constitutional-review constitutional-rights criminal-procedure due-process eighth-amendment excessive-fines fourteenth-amendment incorporation ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining strickland-standard strickland-v-washington Whether the Eighth Amendment's prohibition on excessive fines applies to the states through the Fourteenth Amendment's Due Process Clause
18-6927 In Re Jerry Urbina 2018-12-06 Denied IFP abuse-of-discretion criminal-procedure criminal-sentencing federal-courts judicial-discretion plea-agreement plea-bargaining retroactivity rule-11 sentencing-amendment sentencing-guidelines sentencing-reform statutory-interpretation Whether the lower courts abused their discretion by denying petitioner Urbina relief under the 782 Amendment due to his being the beneficiary of a Rul…
18-6851 Steven Gomez v. United States Fifth Circuit 2018-11-28 Denied Response WaivedIFP advisory-sentencing appeal-waiver constitutional-error criminal-procedure due-process judicial-discretion plea-agreement plea-bargaining sentencing-guidelines Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after ex…
18-6807 Larry M. Slusser v. United States Sixth Circuit 2018-11-26 Denied IFP circuit-split collateral-attack criminal-procedure due-process plea-agreement sentencing statutory-maximum waiver-of-rights Whether a defendant's waiver of the right to collateral attack in a plea agreement bars a claim that the sentence exceeds the statutory maximum for th…
18-6763 Luis Antonio Bonilla, Jr. v. United States Fourth Circuit 2018-11-20 Denied Response WaivedIFP appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure judicial-discretion miscarriage-of-justice plea-agreement plea-agreements sentencing sentencing-guidelines sentencing-uniformity What standards should govern the enforcement of appeal waivers in plea agreements?
18-6667 Khaled Elbeblawy v. United States Eleventh Circuit 2018-11-13 Denied Response RequestedResponse WaivedRelisted (2)IFP confession criminal-procedure federal-rules-of-evidence impeachment impeachment-use-waiver medicare-fraud plea-agreement plea-bargaining rule-11 substantive-evidence united-states-v-mezzanatto Does the impeachment-use waiver doctrine established by the Court in United States v. Mezzanatto, 513 U.S. 196, permit the government to introduce in …
18-6623 Carlos Cosme v. United States Ninth Circuit 2018-11-09 Denied Response WaivedIFP 28-usc-2255 criminal-procedure criminal-procedure-plea-bargaining effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel motion-to-withdraw plea-agreement plea-bargaining sixth-amendment standard-of-review Did the District Court Commit Error in Applying the Standard of review for Motions to Withdraw a Plea Agreement as to an Issue of a Question of the Ef…
18-6647 Kiran Sharma v. United States Fifth Circuit 2018-11-09 Denied Response WaivedRelisted (2)IFP constitutional-rights due-process evidentiary-hearing forfeiture forfeiture-restitution ineffective-assistance-of-counsel mandatory-victim-restitution-act plea-agreement restitution statutory-interpretation third-party-beneficiary trust-corpus Does the language in the Mandatory Victim Act (MVRA) allow the courts to forfeit the third party beneficiary's 'Trust Corpus' without an 'Evidentiary …
18-6633 Keith Fremin v. Robert C. Tanner, Warden Fifth Circuit 2018-11-08 Denied IFP castration civil-rights constitutional-rights criminal-procedure due-process good-time guilty-plea ineffective-assistance ineffective-assistance-of-counsel ineffective-counsel judicial-district plea-agreement plea-bargaining sentencing Whether the 22 Judicial District Court failed to uphold the plea agreement in exchange
18-6570 Timothy J. Kaprelian v. Lizzie Tegels, Warden Seventh Circuit 2018-11-05 Denied Response WaivedIFP criminal-defendant criminal-defendant-rights criminal-procedure due-process exculpatory-evidence habeas-corpus ineffective-assistance ineffective-assistance-of-counsel no-contest plea-agreement plea-bargaining Is a criminal defendant who pleads no contest entitled to exculpatory evidence that the state concealed and suppressed
18-6416 Briand Williams v. California California 2018-10-24 Denied Response WaivedIFP appellate-record due-process equal-protection evidentiary-hearing habeas-corpus ineffective-assistance-of-counsel plea-agreement plea-bargain registration-requirements sentencing transcripts Is a Plea Agreement considered terminated or fulfilled 15 years later upon loss of sentencing transcripts?
18-6421 Alexis D. Negron-Cruz v. United States First Circuit 2018-10-24 Denied Response WaivedIFP civil-rights constitutional-rights due-process first-amendment ineffective-assistance-of-counsel ineffective-counsel internet-access internet-restrictions plea-agreement plea-bargaining pornography-ban sentencing supervised-release supervised-release-conditions Whether District Court erred in imposing overbroad conditions of Supervised Release, limiting Petitioner's access to the Internet, for the term of sai…
18-6304 Alex Lenard McCoy v. United States Fourth Circuit 2018-10-12 Denied Response WaivedIFP 5th-amendment 6th-amendment article-iii confrontation-clause constitutional-rights criminal-procedure due-process fifth-amendment plea-agreement plea-bargaining rule-11 self-incrimination sixth-amendment speedy-trial Whether the Defendant's rights under Article III, Section 2, Fifth Amendment, Sixth Amendment were violated when the Defendant is induced to enter a p…
18-456 Michael J. Persico v. United States Second Circuit 2018-10-11 Denied Response Waived apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness Whether Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat…
18-6230 Harvey L. Shoate v. Jason Lewis, Warden Eighth Circuit 2018-10-05 Denied Relisted (2)IFP ineffective-assistance-of-counsel plain-error plea-agreement post-conviction post-conviction-relief sentencing sua-sponte Can a post-conviction court find plain error in the movant's guilty plea or sentence record and 'sua sponte' order relief when the movant never raised…
18-6204 Jermaine Franklin v. United States Fifth Circuit 2018-10-03 Denied Response WaivedIFP appellate-review constitutional-challenge constitutional-law criminal-procedure due-process federal-jurisdiction fifth-circuit plea-agreement plea-bargaining unconstitutional waiver-of-appeal Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Franklin's Plea Agreement
18-6148 Atul Nanda v. United States Fifth Circuit 2018-10-01 Denied Response WaivedIFP Brady-Doctrine brady-rule brady-v-maryland confrontation-clause due-process fifth-amendment Giglio-Doctrine giglio-rule giglio-v-united-states new-trial plea-agreement Plea-Agreements plea-bargaining sixth-amendment witness-testimony Are the defendants' constitutional rights under the sixth and fifth amendments violated when the government fails to fully disclose plea agreement ter…
18-6157 Sealed Appellee v. United States Fifth Circuit 2018-10-01 Denied Response RequestedResponse WaivedRelisted (3)IFP 18-usc-3553 due-process government-appeal individualized-hearing liberty-interest plea-agreement sentencing sentencing-waiver Whether sentence-waiver provisions in plea agreements bar government appeals
18-6083 Jesus Manuel Laureano-Perez v. United States First Circuit 2018-09-24 Denied Response WaivedIFP appeal appellate-review criminal-procedure district-court-discretion due-process government-prosecution plea-agreement sentencing sentencing-enhancement sentencing-guidelines standard-of-review uncharged-conduct Whether the district court erred in enhancing Laureano's sentence based on uncharged conduct
18-6030 Jason M. Smith v. United States Second Circuit 2018-09-19 Denied Response WaivedIFP appeal-waiver appellate-waiver collateral-attack constitutional-rights criminal-procedure due-process plea-agreement public-policy sentencing Whether a plea agreement in which a defendant agrees to waive his right to appeal and collaterally attack any legal sentence imposed violates due proc…
18-5929 David T. Odom v. United States Fourth Circuit 2018-09-12 Denied Response WaivedIFP appeal conditional-plea conditional-plea-agreement criminal-procedure district-court due-process federal-appeals-court fourth-circuit plea-agreement standard-of-review statute-of-limitations Whether a defendant can make a knowing and voluntary decision under a conditional plea agreement when, believing he is preserving his Motion to Dismis…
18-5945 David Chiddo v. United States Eleventh Circuit 2018-09-12 Denied IFP appeal-from-magistrate circuit-split district-court-order federal-magistrates-act felony-guilty-plea felony-plea judicial-procedure magistrate-authority plea-agreement plea-agreement-stipulation statutory-authority statutory-interpretation stipulated-facts Does a federal magistrate have authority to accept a felony guilty plea?
18-5934 Deborah M. Wagner v. United States Fourth Circuit 2018-09-11 Denied Response WaivedIFP appeal civil-procedure criminal-appeal criminal-law criminal-procedure district-court-jurisdiction due-process mandatory-victim-restitution-act mvra plea-agreement restitution restitution-order sentencing statutory-authority statutory-interpretation Whether the district court's restitution order was outside the statutory authority of the MVRA
18-288 Philip A. Mearing v. United States Fourth Circuit 2018-09-05 Denied Amici (3) appellate-review appellate-waiver criminal-appeal criminal-defendant-waiver criminal-procedure due-process plea-agreement plea-bargaining restitution restitution-order sentencing sentencing-procedure statutory-interpretation Whether a criminal defendant's waiver of the right to appeal his 'sentence' covers an order of restitution
18-5857 Jeffrey Latimore v. Julie L. Jones, Secretary, Florida Department of Corrections Florida 2018-09-04 Denied Response WaivedIFP competency competency-hearing constitutional-rights criminal-procedure due-process habeas-corpus mental-competency plea-agreement plea-bargaining right-to-counsel state-attorney-office state-court state-courts trial-court WHETHER TRIAL COURT ABUSED THEIR AUTHORITY BY DENYING PETITIONER LATIMORE A COMPETENCY HEARING BEFORE A PLEA AGREEMENT
18-5788 James Everett Dutschke v. United States Fifth Circuit 2018-08-28 Denied Response WaivedRelisted (2)IFP biological-agents bioweapon-offenses civil-rights constitutional-separation-of-powers due-process federal-prosecution jurisdiction jurisdictional-ambiguity plea-agreement select-agents separation-of-powers standing statutory-interpretation statutory-validity subject-matter-jurisdiction territorial-jurisdiction treaty treaty-enactment Is it constitutional for an Article III judge to act as an Article I lawmaker by rewriting or nullifying existing written law, writing new law or as a…
18-5799 In Re Robert N. Smithback 2018-08-28 Denied Relisted (2)IFP constitutional-rights due-process habeas-corpus jurisdiction jury-trial plea-agreement plea-bargaining selective-prosecution subject-matter-jurisdiction trial-by-jury Whether Smithback is being deprived of his liberty without due process of law
18-5776 Carlos Placeres-Cruz v. United States Ninth Circuit 2018-08-27 Denied Response WaivedIFP breach-of-contract circuit-split criminal-procedure duty-of-candor judicial-interpretation plea-agreement prosecutor-misconduct prosecutorial-discretion sentencing-recommendation Where some courts hold that a prosecutor commits an implicit breach of a plea agreement by proffering statements undermining the agreed, sentencing re…
18-5656 Venise Metayer v. Florida Florida 2018-08-20 Denied IFP constitutional-rights counsel-misadvice counsel-role due-process illegal-sentence ineffective-assistance plea-agreement plea-bargaining sentencing trial-court-denial waiver waiver-of-rights Were the petitioner's constitutional rights violated when the trial court denied her motion for illegal sentence based on counsel's misadvice to accep…
18-202 Haynes Timberland, Inc. v. United States First Circuit 2018-08-15 Denied Response Waived appeal-waiver collateral-attack criminal-procedure direct-appeal due-process plea-agreement plea-bargaining pre-sentence-waiver sentencing waiver waiver-of-rights Whether a defendant who waives the right to a direct appeal of his conviction and sentence can implicitly waive his right to collaterally attack his c…
18-5510 Quincy Andre Jones v. United States Fourth Circuit 2018-08-08 Denied Response WaivedIFP allocution appeal-waiver direct-appeal due-process fundamental-error fundamental-errors mandatory-guidelines plea-agreement sentencing-guidelines Whether an appeal waiver in a plea agreement can prohibit a defendant from challenging on direct appeal unforeseeable fundamental errors committed by …
18-5450 Amilcar Rivas-Rivera v. Pennsylvania Pennsylvania 2018-08-07 Denied Relisted (2)IFP civil-procedure constitutional-rights due-process habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel pcra plea-agreement post-conviction-relief prison-mailbox-rule standing state-law timeliness Whether the Pennsylvania lower court and appellate court's decision dismissing petitioner's second pro se PCRA petition as untimely is contrary to Pen…
18-5397 Alejandro Parra-Ramos v. United States Ninth Circuit 2018-07-30 Denied Response WaivedIFP criminal-procedure defendant-prejudice due-process government-misconduct judicial-discretion plain-error plea-agreement plea-agreement-breach prejudice prosecutorial-breach sentencing sentencing-guidelines sentencing-recommendation sentencing-variance upward-variance whether a defendant suffers prejudice when the government breaches a plea agreement by calling its agreed-upon recommendation irrational, and the cour…
18-5309 Maurice McLain v. United States Fourth Circuit 2018-07-20 Denied Response WaivedRelisted (2)IFP cooperator-testimony currier-v-virginia double-jeopardy double-jeopardy-clause jury-unanimity physical-evidence plea-agreement rico rico-prosecution rutledge-v-united-states santobello-v-new-york uncorroborated-testimony Whether the Double Jeopardy Clause and plea agreement were violated by a second prosecution,whether the verdict conflicts with physical evidence and r…
18-5281 Vincent Craig Mosley v. United States Fourth Circuit 2018-07-19 Denied Response WaivedIFP co-defendant compulsory-process confrontation-clause criminal-procedure criminal-trial drug-conspiracy due-process evidence evidence-admission plea-agreement plea-bargaining witness-testimony Whether a criminal defendant is entitled to see the plea agreements of non-testifying co-defendants and admit them into evidence
18-5111 Lynette Gregory v. United States Third Circuit 2018-07-03 Denied Response WaivedIFP appellate-review criminal-forfeiture drug-case due-process illegal-sentence money-judgment plea-agreement sentencing sentencing-waiver statutory-authorization statutory-maximum Whether a criminal forfeiture in the form of a 'money judgment' is an illegal sentence unauthorized by statute