| 25-6595 |
Hugo Ivan Macias-Ordonez v. United States |
Fifth Circuit |
2026-01-15 |
Pending |
Response WaivedIFP |
apprendi-rule constitutional-interpretation criminal-procedure prior-convictions sixth-amendment stare-decisis |
The Sixth Amendment guarantees the right "to be informed of the nature and cause of the accusation." U.S. Const. amend. VI. "[F]act[s] that increase[]… |
| 24-6553 |
Ramon Caldwell v. Bryan Morrison, Warden |
Sixth Circuit |
2025-02-12 |
Denied |
Response WaivedIFP |
constitutional-rights due-process jury-determination prior-convictions recidivism sentence-enhancement |
I. It was a Jurisdictional Defect of the proceedings, by not allowing the jury to find Petitioner guilty, with proof beyond a reasonable doubt, of a s… |
| 24-5998 |
Carlos Tonyo Cabrera v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Florida |
2024-11-20 |
Denied |
Response WaivedIFP |
due-process hearsay-evidence judicial-error prior-convictions procedural-due-process sentencing-scoresheet |
I. WHETHER A COURT OF COMPETENT JURISDICTION VIOLATED PETITIONER'S DUE PROCESS RIGHT WHEN IT IMPOSED LIFE SENTENCES BASED ON AN ERRONEOUS SCORESHEET T… |
| 24-5672 |
Mark Leon Andrews v. United States |
Fourth Circuit |
2024-10-01 |
Denied |
Response WaivedIFP |
armed-career-criminal-act circuit-court-review criminal-history prior-convictions sentencing-guidelines statutory-interpretation |
Whether the 5th and 6th Amendments entitled the petitioner to have a jury decide below his crimes according to AS KCaStons, under the Constitution of … |
| 24-5460 |
Troy L. Fields v. Colorado |
Colorado |
2024-09-05 |
GVR |
Response RequestedResponse WaivedRelisted (2)IFP |
armed-career-criminal-act criminal-sentencing fifth-amendment habitual-criminal prior-convictions sixth-amendment |
Whether Petitioner's Fifth and Sixth Amendment rights were violated when he was subjected to an increased maximum sentence based on the trial court's … |
| 24A84 |
Troy L. Fields v. Colorado |
Colorado |
2024-07-26 |
Presumed Complete |
|
criminal-episodes habitual-offender jury-trial prior-convictions sentencing-enhancement sixth-amendment |
Whether the Fifth and Sixth Amendments required a jury to find that Mr. Fields's prior convictions were separately brought and tried and arose out of … |
| 23-1196 |
Christopher Ryan Martin v. Tom Lawson, Chief, Nevada Division of Parole and Probation, et al. |
Ninth Circuit |
2024-05-07 |
Denied |
|
apprendi certificate-of-appealability constitutional-claim habeas-corpus jones judicial-enhancement jury-trial ninth-circuit prior-conviction prior-convictions |
I. Whether Petitioner is entitled to a Certificate of
Appealability (COA) from the Court of Appeals
for the Ninth Circuit by his showing that
reaso… |
| 23-7345 |
James Joseph Bryant v. United States |
Eleventh Circuit |
2024-04-30 |
GVR |
IFP |
armed-career-criminal-act categorical-approach circuit-split criminal-procedure due-process judicial-interpretation jury-trial prior-convictions reasonable-doubt sentencing-enhancement |
1. Whether, for purposes of applying the categorical approach required by
the Armed Career Criminal Act (ACCA), a prior conviction's elements can be
d… |
| 23-7174 |
Richard Lee David Brown v. United States |
Eighth Circuit |
2024-04-09 |
Denied |
IFP |
appellate-review constitutional-challenge criminal-procedure defense-instruction drug-convictions due-process evidence jury-instructions plain-error prior-convictions propensity-evidence |
1. Whether the admission of two prior drug convictions for the purpose of arguing in closing that "[t]he defendant possessed that crack cocaine, and h… |
| 23-7146 |
Antonio Ochoa-Leyva v. United States |
Fifth Circuit |
2024-04-05 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-7143 |
Armando Ordonez-Dominguez v. United States |
Fifth Circuit |
2024-04-04 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6978 |
Jose Salome Gallardo Granados v. United States |
Fifth Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6936 |
Jose Eulalio Aguillen-Servin v. United States |
Fifth Circuit |
2024-03-08 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6941 |
Ricardo Fortino Martinez-Munoz v. United States |
Fifth Circuit |
2024-03-08 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-interpretation due-process jury-trial legal-precedent prior-conviction prior-convictions sixth-amendment statutory-maximum |
Can Almendarez-Torres be squared with the history undergirding the Sixth Amendment; and if not, should this Court overrule Almendarez-Torres? |
| 23-6866 |
Cesar Abreu v. United States |
Second Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence-admissibility federal-rule-of-evidence-404b federal-rules-of-evidence fifth-amendment narcotics narcotics-distribution prior-conviction prior-convictions search-and-seizure |
Whether the decision of the United States Court of Appeals for the Second Circuit, affirming Petitioner's conviction of narcotics distribution in the … |
| 23-6870 |
Ariel Perez-Lainez v. United States |
Fifth Circuit |
2024-02-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6849 |
Juan Salazar-Grimaldo v. United States |
Fifth Circuit |
2024-02-28 |
Denied |
Response WaivedIFP |
constitutional-procedure criminal-indictment criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6768 |
Vidal Garza-Morin v. United States |
Fifth Circuit |
2024-02-16 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6663 |
Emmanuel Gil v. United States |
Fifth Circuit |
2024-02-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions reasonable-doubt sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6631 |
Jeremy Dale Robinson v. United States |
Eighth Circuit |
2024-01-31 |
GVR |
Relisted (2)IFP |
armed-career-criminal-act constitutional-requirements due-process jury-trial prior-convictions proof-beyond-reasonable-doubt reasonable-doubt sentencing-enhancement |
1. Whether the U.S. Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committe… |
| 23-6484 |
Miguel Angel Sanchez-Delgado v. United States |
Fifth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6488 |
Juan Garcia-Bertadillo v. United States |
Fifth Circuit |
2024-01-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6435 |
Norman Williams v. Colorado Department of Corrections Time Computation Department, et al. |
Colorado |
2024-01-08 |
Denied |
Response WaivedIFP |
colorado-dept-of-corrections conviction-classification criminal-procedure due-process non-categorical-approach prior-convictions sentence-enhancement sentencing-enhancement time-computation violent-crime |
1) In light of this Court's holdings in Johnson v. U.S 135 S. Ct. 2551, 2563 (2015), does § 17-22.5-403 C.R.S. violate Mr. Williams' and other similar… |
| 23-6410 |
Pedro Pena-Talamantes v. United States |
Fifth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6411 |
Gilberto Salvador Cortez-Garcia v. United States |
Fifth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-indictment criminal-procedure defendant-rights due-process jury-determination jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6412 |
Jose Eugenio Pavon-Rivera v. United States |
Fifth Circuit |
2024-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing sentencing-enhancement statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6402 |
Vidal Orellana-Sibrian v. United States |
Fifth Circuit |
2024-01-03 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts —including the fact of a prior conviction —that increase a defendant's statutory maximum must be pleaded in the indictment and eithe… |
| 23-6385 |
Alfonso Garcia-Vela v. United States |
Fifth Circuit |
2023-12-28 |
Denied |
Response WaivedIFP |
almendarez-torres burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6340 |
Christopher Stowell v. United States |
Eighth Circuit |
2023-12-22 |
Denied |
Relisted (2)IFP |
armed-career-criminal-act constitutional-criminal-procedure due-process jury-trial occasions-clause prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement |
1. Whether the U.S. Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committe… |
| 23-6320 |
Santiago Salazar-Ramirez v. United States |
Fifth Circuit |
2023-12-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6271 |
Tyrone Maddox v. Illinois |
Illinois |
2023-12-15 |
Denied |
IFP |
criminal-procedure evidence evidence-admissibility intent intent-element judicial-discretion narcotics-charge prejudice prejudicial-evidence prior-conviction prior-convictions probative-value |
The trial court should not have allowed the introduction of Tyrone Maddox's 20 year old prior Indiana Conviction for delivery of Narcotics on the issu… |
| 23-6196 |
Boris Ward v. United States |
Fifth Circuit |
2023-12-07 |
Denied |
Response WaivedIFP |
criminal-representation cumulative-effect drug-transaction ineffective-assistance ineffective-assistance-of-counsel plea-offer prior-convictions reasonableness-of-sentence sentencing-guidelines |
1) Whether trial counsel provided constitutionally deficient representation to Mr. Ward.
2) Whether the district court erred by failing to vary from … |
| 23-6081 |
Jacobo Fuentes-Salgado v. United States |
Fifth Circuit |
2023-11-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-6038 |
Lakeith Lynn Washington v. United States |
Fifth Circuit |
2023-11-17 |
GVR |
Relisted (2)IFP |
alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-rights criminal-procedure fifth-amendment jury-beyond-reasonable-doubt minimum-and-maximum-sentences prior-convictions sentencing-enhancement sixth-amendment |
I. Do the Fifth and Sixth Amendments of the U.S. Constitution require that facts to prove a defendant's prior convictions were for offenses committed … |
| 23-5979 |
Daniel Vargas-Hernandez v. United States |
Fifth Circuit |
2023-11-08 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process jury-trial prior-conviction prior-convictions sixth-amendment |
The Sixth Amendment protects the right "to be informed of the nature and
cause of the accusation." U.S. Const. amend. VI. In Apprendi v. New Jersey, t… |
| 23-5880 |
Jose Fernando Martinez-Hernandez v. United States |
Fifth Circuit |
2023-10-25 |
Denied |
Response WaivedRelisted (2)IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-370 |
Paul Erlinger v. United States |
Seventh Circuit |
2023-10-06 |
Judgment Issued |
Amici (4)Relisted (2) |
armed-career-criminal-act constitutional-interpretation criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement |
Whether the Constitution requires a jury trial and proof beyond a reasonable doubt to find that a defendant's prior convictions were "committed on occ… |
| 23-5714 |
Cuhuatemoc Hinricky Peraita v. Alabama |
Alabama |
2023-10-04 |
Denied |
Relisted (2)IFP |
appellate-review evidence-rule juror-misconduct jury-misconduct mattox-v-united-states no-impeachment-rule parker-v-gladden prior-convictions sixth-amendment trial-procedure verdict-challenge |
During petitioner's trial for capital murder, the jury foreperson told the other jurors misleading and prejudicial information about petitioner's prio… |
| 23-312 |
Lee E. Stephens, Jr. v. Carolyn J. Scruggs, Secretary, Maryland Department of Public Safety and Correctional Services, et al. |
Fourth Circuit |
2023-09-26 |
Denied |
Response Waived |
constitutional-challenge due-process habeas-relief impeachment ineffective-assistance-of-counsel ineffective-counsel prior-convictions resentencing right-to-testify sentencing unconstitutional-convictions |
1. Whether reasonable jurists could debate whether habeas relief and re sentencing is required when a defendant's sentence was premised on prior convi… |
| 23-5599 |
Juan Manuel Amaya-Castaneda v. United States |
Fifth Circuit |
2023-09-18 |
Denied |
Response WaivedIFP |
almendarez-torres appellate-review criminal-procedure judicial-discretion prior-conviction-exception prior-convictions sentencing sentencing-guidelines sixth-amendment |
Whether, after Holguin-Hernandez v. United States, _U.S.__, 140 S.Ct. 762 (2020), a party may obtain appellate relief when the district court fails to… |
| 23-5606 |
Samuel Valencia v. United States |
Fifth Circuit |
2023-09-18 |
GVR |
Relisted (3)IFP |
alleyne-v-united-states apprendi-v-new-jersey armed-career-criminal-act constitutional-interpretation fifth-amendment indictment jury-trial prior-convictions sentencing-enhancement sixth-amendment |
Do the Fifth and Sixth Amendments of the U.S. Constitution require that facts to prove a defendant's prior convictions were for offenses committed on … |
| 23-5413 |
Christopher Ray Lipska, aka Christopher Ray Hare v. Oregon |
Oregon |
2023-08-23 |
Denied |
IFP |
child-abuse child-sexual-abuse criminal-procedure evidence evidence-admissibility judicial-discretion prior-convictions sentencing sentencing-proportionality sexual-abuse |
In an ECSA and unlawful contact with a trial, does a trial court abuse its OEC 401, 402, 403 discretion by allowing the state to present evidence that… |
| 23-5264 |
Julio Cesar De La Rosa-De La Cerda v. United States |
Fifth Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 23-5154 |
Justin Christopher Smith v. United States |
Sixth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
appeal-waiver armed-career-criminal-act criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentencing statutory-interpretation statutory-sentencing violent-felony violent-offense |
Whether an appeal waiver can bar an attack on an enhanced statutory sentence? |
| 22-7900 |
David Wright, Jr. v. United States |
Eighth Circuit |
2023-06-29 |
Denied |
IFP |
criminal-law criminal-sentencing district-court-discretion due-process equal-protection federal-sentencing-guidelines guideline-range prior-conviction prior-convictions sentencing-guidelines state-statutes statutory-interpretation |
Whether the District Court erred by counting a prior conviction for violation of a state statute that had been changed to make the conduct not a crime… |
| 22-7852 |
Juan Victor Quezada-Lara v. United States |
Fifth Circuit |
2023-06-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7882 |
Sergio Delgado-Perez v. United States |
Fifth Circuit |
2023-06-28 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7878 |
Kenny Eugene Smart v. United States |
Eighth Circuit |
2023-06-27 |
Denied |
Response WaivedIFP |
18-usc-922(g) criminal-procedure evidence-standard evidentiary-rulings federal-rule-of-evidence-404(b) federal-rules-of-evidence prior-convictions rule-404b rule-of-inclusion standard-of-review statutory-interpretation |
What is the proper standard of review of evidentiary rulings under Federal Rule of Evidence 404(b) and is Rule 404(b) a rule of inclusion which always… |
| 22-7772 |
Stanley Jackson, III v. United States |
Sixth Circuit |
2023-06-13 |
Denied |
Response WaivedIFP |
armed-career-criminal-act constitutional-rights criminal-sentencing due-process jury-factfinding jury-trial prior-convictions sentencing sixth-amendment |
Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find a defendant's prior convictions were 'committ… |
| 22-7377 |
Jose Isabel Mora-Rodriguez v. United States |
Fifth Circuit |
2023-04-26 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-7359 |
Devin Baker v. United States |
Sixth Circuit |
2023-04-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
controlled-substances criminal-law criminal-procedure drug-convictions drug-offense federal-sentencing prior-convictions sentencing-guidelines statutory-interpretation |
Can a federal judge impose a sentence enhancement based on a prior drug conviction inclusive of a substance that is no longer controlled at the time o… |
| 22-7287 |
Rodolfo Tovar-Zamarripa v. United States |
Fifth Circuit |
2023-04-14 |
Denied |
IFP |
almendarez-torres apprendi-v-new-jersey constitutional-interpretation criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-947 |
Tyler G. Williams v. United States |
Sixth Circuit |
2023-03-29 |
Denied |
Response Waived |
armed-career-criminal-act constitutional-requirements criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement |
Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find that a defendant's prior convictions were 'co… |
| 22-7016 |
Guadalupe Onate-Herrera v. United States |
Fifth Circuit |
2023-03-15 |
Denied |
IFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6839 |
Michael O. Brown v. United States |
Sixth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
career-offender circuit-court-precedent conspiracy conspiracy-conviction criminal-career-offender prior-convictions sentence-enhancement sentencing-guidelines sixth-circuit state-convictions |
Whether the court erred in failing to grant appellant relief from his sentence enhancement based upon his prior state convictions |
| 22-6716 |
Conrado Olivo-Duron v. United States |
Fifth Circuit |
2023-02-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-656 |
Jeffrey A. Bentley v. United States |
Third Circuit |
2023-01-17 |
Denied |
Response Waived |
armed-career-criminal-act burden-of-proof collateral-review due-process prior-convictions section-2255 sentencing sentencing-enhancement |
When a defendant shows on Section 2255 collateral review that a prior conviction is no longer a valid predicate offense under the Armed Career Crimina… |
| 22-6475 |
Nohe Dominguez-Morales v. United States |
Fifth Circuit |
2023-01-06 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
almendarez-torres apprendi apprendi-v-new-jersey criminal-procedure historical-practices notice-clause prior-conviction-exception prior-convictions sixth-amendment |
Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical p… |
| 22-6372 |
Jose Felipe Cardenas-Ramirez v. United States |
Fifth Circuit |
2022-12-21 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-6302 |
Selvin Omar Canales v. United States |
Fifth Circuit |
2022-12-14 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5877 |
Onterrail Remond Altman, Jr. v. United States |
Eighth Circuit |
2022-10-20 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
categorical-approach circuit-split controlled-substances criminal-sentencing decontrolled-substances drug-convictions eighth-circuit federal-sentencing prior-convictions sentencing-enhancement |
Whether prior drug convictions inclusive of substances that have since been decontrolled can be used to impose present day federal sentencing enhancem… |
| 22-336 |
Jason Reed v. United States |
Tenth Circuit |
2022-10-11 |
Denied |
Amici (1) |
armed-career-criminal-act constitutional-requirements criminal-sentencing due-process jury-trial prior-convictions proof-beyond-reasonable-doubt sentencing-enhancement |
Whether the Constitution requires an indictment, jury trial, and proof beyond a reasonable doubt to find that a defendant's prior convictions were 'co… |
| 22-5593 |
Richard Anthony Rodriguez v. California |
California |
2022-09-15 |
Denied |
Response WaivedIFP |
apprendi-rule constitutional-procedure criminal-procedure due-process jury-trial jury-trial-right juvenile-adjudication prior-conviction-exception prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment |
Whether juvenile adjudications obtained without a trial by jury can be used to enhance a defendant's sentence in a later proceeding |
| 22-5337 |
Carlos Vazquez-Tellez v. United States |
Fifth Circuit |
2022-08-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 22-5139 |
Carol Johnene Morris v. United States |
Fifth Circuit |
2022-07-19 |
Denied |
Response WaivedRelisted (2)IFP |
2nd-amendment armed-career-criminal-act civil-rights criminal-history criminal-procedure double-jeopardy drug-possession due-process felony-enhancement prior-convictions sentencing sentencing-guidelines |
Whether the district court erred in failing to vacate the federal convictions for felon in possession of a firearm and a related acquittal |
| 22-5053 |
Jesus Perez-Solis v. United States |
Fifth Circuit |
2022-07-08 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8271 |
Raul Garcia-Salazar v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8276 |
Isidoro Reyes-Lopez v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8281 |
Jose Carreon-Gonzalez v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-8231 |
Fidel Torres-Villanueva v. United States |
Fifth Circuit |
2022-06-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-1282 |
Christopher Ryan Martin v. Nevada |
Nevada |
2022-03-23 |
Denied |
Response Waived |
6th-amendment apprendi-doctrine civil-rights criminal-sentencing due-process jury-trial prior-convictions sentence-enhancement sentencing-factors sixth-amendment |
Whether this Court should overrule AlmendarezTorres in light of Apprendi and its progeny |
| 21-7430 |
Roberto Padilla Espinoza v. United States |
Fifth Circuit |
2022-03-22 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process equal-protection fifth-circuit-review judicial-discretion prior-convictions sentencing-enhancement sentencing-guidelines |
Whether the Fifth Circuit improperly approved the district court's decision to increase the petitioner's sentence based on unscored prior convictions |
| 21-7404 |
Jose Antonio Barahona-Paz v. United States |
Fifth Circuit |
2022-03-17 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7354 |
Joseph Patrick Keel v. Florida |
Florida |
2022-03-14 |
Denied |
Response WaivedIFP |
alleyne-precedent apprendi-rule criminal-procedure criminal-sentencing due-process identity judicial-interpretation prior-convictions prior-record-exception sentencing sixth-amendment |
Whether courts have incorrectly applied a 'prior-record' exception to Apprendi and Alleyne |
| 21-7352 |
Pedro Intzin-Guzman v. United States |
Fifth Circuit |
2022-03-11 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7293 |
Jose Rodriguez-Vasquez v. United States |
Fifth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7295 |
Miguel Lerma-Reyes v. United States |
Fifth Circuit |
2022-03-07 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-7006 |
Juan Jaime-Guzman v. United States |
Fifth Circuit |
2022-01-28 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment |
Whether a court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the Sixth Amendm… |
| 21-6704 |
Jose D. Drew v. United States |
Eighth Circuit |
2021-12-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion evidence-admissibility federal-rules-of-evidence jury-inference material-element prior-convictions rule-404(b) rule-404b |
Whether the abuse of discretion review of the introduction of multiple prior convictions as rule 404(b) evidence requires the government to offer some… |
| 21-6657 |
Joshua Reshi Dudley v. United States |
Eleventh Circuit |
2021-12-17 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure occasions-different occasions-test prior-conviction prior-convictions sentencing sentencing-enhancement shepard-v-united-states sixth-amendment |
Whether the Sixth Amendment limits a sentencing court's consideration of prior offenses under the Armed Career Criminal Act |
| 21-754 |
Travis Levi Parrott v. Murray Tatum, Warden |
Georgia |
2021-11-22 |
Denied |
Response Waived |
appeal-denial certificate-of-appealability certificate-of-probable-cause constitutional-right effective-assistance-of-counsel extraneous-evidence georgia-supreme-court habeas-corpus ineffective-assistance-of-counsel prior-convictions procedural-default |
Whether the Georgia Supreme Court Erred in Denying Mr. Parrott's Application for Certificate of Probable Cause to Appeal the Denial of His Petition fo… |
| 21-6355 |
Everett Earl Parker v. United States |
Fifth Circuit |
2021-11-19 |
Denied |
Response WaivedIFP |
criminal-conviction criminal-sentencing federal-jurisdiction johnson-precedent johnson-v-united-states prior-convictions sentencing-enhancement serious-violent-felony statutory-interpretation supreme-court-precedent violent-felony |
Whether Mr. Parker's life sentence for count 1 should be vacated due to lack of two prior qualifying 'serious violent felony' convictions |
| 21-6321 |
Fernando Rodriguez-Macedo v. United States |
Fifth Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6322 |
Gustavo Trejo-Ramos v. United States |
Fifth Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-6282 |
Tannous Fazah v. United States |
Ninth Circuit |
2021-11-15 |
Denied |
IFP |
circuit-split criminal-sentencing drug-conspiracy due-process federal-sentencing mandatory-minimum misdemeanor-reclassification prior-conviction prior-convictions retroactive-reclassification sentence-enhancement |
Whether the sentence enhancements for prior felony drug convictions apply to state felony convictions that have been recalled and resentenced as misde… |
| 21-6160 |
Dennis Dean Smith v. United States |
Eighth Circuit |
2021-11-03 |
Denied |
Response WaivedIFP |
8th-amendment civil-rights criminal-justice-reform cruel-and-unusual-punishment due-process equal-protection first-step-act prior-convictions retroactive-sentencing sentencing sentencing-guidelines substantial-changes |
Has the Eighth Amendment's prohibition on cruel and unusual punishment required the Supreme Court to remedy it in the case where persons similarly sit… |
| 21-6121 |
Luis Enrique Lario-Rios v. United States |
Fifth Circuit |
2021-10-28 |
Denied |
IFP |
commentary crimes-of-violence criminal-enhancement guideline-commentary prior-convictions sentencing-guidelines statutory-interpretation ussg-4b1.2 |
Whether the Sentencing Commission can use commentary to expand an unambiguous Guideline that applies to enhancements for prior convictions for crimes … |
| 21-623 |
Anthony Penton v. A. Malfi, Warden |
Ninth Circuit |
2021-10-28 |
Denied |
Amici (1)Response Waived |
brady-evidence brady-v-maryland criminal-procedure due-process fifth-amendment prior-convictions prosecutorial-misconduct sentencing-enhancement sixth-amendment suppressed-evidence |
Whether evidence covered by Brady v. Maryland is considered suppressed under the Fifth Amendment regardless of the defendant's knowledge |
| 21-5570 |
Richard Boyle v. United States |
Third Circuit |
2021-09-02 |
Denied |
Response WaivedIFP |
circuit-court due-process evidence-admission federal-rules-of-evidence prior-convictions stare-decisis undue-prejudice witness-testimony |
Whether the federal courts are free to withdraw the protection from undue prejudice which emanates from the required four-step process as set forth in… |
| 21-5386 |
Michael Kenneth Young v. United States |
Fourth Circuit |
2021-08-16 |
Denied |
Response WaivedIFP |
armed-career-criminal criminal-classification district-court drug-offense fourth-circuit fourth-circuit-appeal prior-convictions sentencing sentencing-enhancement sentencing-guidelines serious-drug-offenses |
Did the Fourth Circuit Court of Appeal err in reversing the decision of the District Court which had determined that Petitioner Michael Young was not … |
| 21-5358 |
Leonel Rodriguez-Caraveo v. United States |
Fifth Circuit |
2021-08-12 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5233 |
Abel Guillermo Godoy v. United States |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
alleyne-v-united-states criminal-procedure criminal-prosecution due-process elements-of-crime jury-determination legal-precedent prior-conviction prior-convictions sentencing sentencing-factors sixth-amendment |
Should the Court finally overrule Almendarez-Torres? |
| 21-5240 |
Carlos Elias Cruz-Bermudez v. United States |
Ninth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 21-5122 |
Juan Angel Velasquez-Canales v. United States |
Fourth Circuit |
2021-07-15 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing district-court-discretion felony-enhancement guideline-interpretation immigration prior-conviction prior-convictions sentencing-enhancements sentencing-guidelines statutory-interpretation |
Whether the district court erred in applying a six-level enhancement under Section 2L1.2(b)(2)(C) of the Sentencing Guidelines |
| 20-8143 |
Merwin Smith v. United States |
Eighth Circuit |
2021-05-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-law criminal-prosecution evidence evidence-rule-404b federal-prosecution federal-rules-of-evidence gun-possession prior-convictions propensity-evidence rule-404(b) |
Whether federal prosecutors can introduce evidence of a person's prior conviction for unlawful gun possession in a prosecution based on police testimo… |
| 20-8013 |
Jesus Manuel Anchondo-Quezada v. United States |
Fifth Circuit |
2021-05-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-convictions sentencing |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7793 |
Edgar Ivan Lira Estrada v. United States |
Fifth Circuit |
2021-04-16 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7675 |
John G. Stroming v. United States |
Second Circuit |
2021-04-07 |
Denied |
Response WaivedIFP |
age-gender-differences child-molestation criminal-procedure criminal-propensity evidence evidence-admissibility evidentiary-rules federal-law prior-convictions propensity victim-characteristics |
Whether prior convictions for crimes of child molestation can be admitted into evidence where — because of differences in the age and gender of the vi… |
| 20-7591 |
Herminio Perales-Perez v. United States |
Fifth Circuit |
2021-03-29 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7583 |
Thomas Mark Hild v. Colorado |
Colorado |
2021-03-26 |
Denied |
IFP |
6th-amendment autonomous-rights constitutional-procedure criminal-justice defendant-rights due-process effective-assistance effective-assistance-of-counsel habitual-criminal plea-bargaining plea-negotiations prior-convictions |
Whether there is a constitutional requirement that counsel engage in plea negotiations with prosecuting authorities to provide effective assistance an… |
| 20-7232 |
Raul Almanza-Portillo v. United States |
Fifth Circuit |
2021-02-24 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-7220 |
Antonio Diaz-Agurcia v. United States |
Fifth Circuit |
2021-02-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-6451 |
Genesis Javon White v. United States |
Eleventh Circuit |
2020-11-25 |
Denied |
Response WaivedIFP |
acca armed-career-criminal armed-career-criminal-act criminal-classification factual-finding occasions-different prior-convictions sentencing sentencing-enhancement serious-drug-offense serious-drug-offenses |
Whether the district court erred in classifying Mr. Griffin as an armed career criminal |
| 20-6084 |
Laron J. Wainwright v. United States |
Eighth Circuit |
2020-10-20 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states armed-career-criminal-act judicial-records jury-trial modified-categorical-approach prior-convictions sentencing sentencing-enhancement sixth-amendment |
Whether the Sixth Amendment permits a sentencing court to find that a defendant's prior convictions were committed on different occasions based on non… |
| 20-6088 |
Miguel Angel Baez-Castillo v. United States |
Fifth Circuit |
2020-10-20 |
Denied |
Response WaivedIFP |
almendarez-torres-v-united-states apprendi-v-new-jersey constitutional-rights criminal-procedure indictment prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment |
Whether a court can impose a statutorily enhanced sentence based on a prior conviction not alleged in the indictment, consistent with the Sixth Amendm… |
| 20-6054 |
Alex Cori Tribue v. United States |
Eleventh Circuit |
2020-10-16 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
armed-career-criminal-act collateral-review criminal-procedure due-process notice notice-requirement prior-convictions sentencing-enhancement |
Whether, on collateral review, the government may maintain a sentencing enhancement under the ACCA by substituting a different conviction that it did … |
| 20-5882 |
Omero Nino-Guerrero v. United States |
Fifth Circuit |
2020-10-01 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5710 |
Jaime E. Coca-Ortiz v. United States |
Fifth Circuit |
2020-09-15 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5646 |
Sean Justin Owens v. United States |
Eleventh Circuit |
2020-09-10 |
Denied |
Relisted (3)IFP |
appellate-review armed-career-criminal-act commerce-clause criminal-conviction firearm-possession jury prior-conviction prior-convictions rehaif-v-united-states sentencing serious-drug-offense |
Whether courts of appeals may affirm a defendant's conviction by relying on facts about the defendant's prior convictions that were not proven to the … |
| 20-5161 |
Roberto Gonzalez-Gatica v. United States |
Fifth Circuit |
2020-07-27 |
Denied |
Response WaivedIFP |
constitutional-procedure criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 20-5184 |
Richard Brian Williams v. United States |
Fifth Circuit |
2020-07-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-924 armed-career-criminal-act criminal-charging criminal-procedure indictment indictment-error prior-convictions sentencing sentencing-provision statutory-interpretation |
Whether sentencing Mr. Williams under the ACCA was error |
| 19-1465 |
Robert Marcelis v. Pennsylvania |
Pennsylvania |
2020-07-07 |
Denied |
Response Waived |
criminal-defendant criminal-procedure increased-sentence jury-finding jury-trial prior-convictions reasonable-doubt sentencing-enhancement sixth-amendment |
Does the sixth amendment require a jury finding beyond a reasonable doubt that a criminal defendant has one or more prior convictions before an increa… |
| 19-8884 |
Samuel Gray v. United States |
Eleventh Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
18-usc-3559 categorical-approach crime-of-violence criminal-law elemental-analysis georgia-robbery prior-convictions recidivism sentencing sentencing-enhancement statutory-interpretation |
Whether a prior Georgia robbery conviction constitutes a 'crime of violence' for enhancement purposes |
| 19-8791 |
Jose Angel Vasquez-Soto v. United States |
Fifth Circuit |
2020-06-23 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum |
Whether all facts—including the fact of a prior conviction—that increase a defendant's statutory maximum must be pleaded in the indictment and either … |
| 19-8414 |
Ashford James Simmons v. United States |
Fourth Circuit |
2020-05-07 |
Denied |
IFP |
armed-career-criminal-act categorical-approach controlled-substance-offense fourth-circuit prior-conviction prior-convictions sentencing-guidelines serious-drug-offense |
Whether the Fourth Circuit should be required to properly apply the categorical approach to determine if a prior conviction is a 'serious drug offense… |
| 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 |
| 19-7971 |
William L. Lewis v. Illinois |
Illinois |
2020-03-12 |
Denied |
Response WaivedIFP |
bias burden-of-proof criminal-procedure due-process judicial-error prejudice prior-convictions reasonable-doubt robbery sentencing sufficiency-of-evidence |
Did the trial court and appellate court err in entering a finding of guilt on a single count robbery when the government did not prove petitioner's gu… |
| 19-7962 |
Rodney Jerome Womack v. James Robertson, Warden |
Ninth Circuit |
2020-03-11 |
Denied |
IFP |
criminal-procedure habeas-corpus ineffective-assistance-of-counsel prior-convictions representation-by-counsel right-to-counsel sentencing sentencing-enhancement |
Was petitioner represented by counsel in connection with his two prior robbery convictions? |
| 19-7869 |
Raymond David Wilson v. United States |
Fourth Circuit |
2020-03-04 |
Denied |
Response WaivedIFP |
career-offender common-scheme criminal-scheme criminal-sentencing felony-disposition judicial-discretion misdemeanor-conviction misrepresentation-of-felony prior-conviction prior-convictions sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation |
Why Did The District Court Erroneously Classify Mr. Wilson As A Career Offender |
| 19-7635 |
Timothy Courtney v. United States |
Fifth Circuit |
2020-02-11 |
Denied |
Response WaivedIFP |
almendarez-torres constitutional-interpretation constitutional-law criminal-law criminal-procedure due-process judicial-precedent prior-convictions sentencing sentencing-enhancement statutory-interpretation supreme-court-review |
Whether the holding in Almendarez-Torres creating an exception for not having to prove the existence of prior convictions when used to enhance a defen… |
| 19-7587 |
Lannon Lavar Burdunice v. Minnesota |
Minnesota |
2020-02-07 |
Denied |
Response WaivedIFP |
acquittal batson bias character-evidence circumstantial-evidence constitutional-rights criminal-law double-jeopardy due-process evidence incomplete-jury-verdict insufficient-evidence intent-to-kill judicial-error judicial-misconduct jury-instructions jury-verdict prior-convictions prosecutorial-misconduct right-to-be-present right-to-present-defense second-degree-murder weight-of-evidence |
Must my conviction for second degree intentional murder be vacated and a judgement of acquittal entered |
| 19-7417 |
Corey Michael Edwards v. United States |
Fourth Circuit |
2020-01-24 |
Denied |
Response WaivedIFP |
armed-career-criminal-act breaking-and-entering constitutional-challenge criminal-history effective-counsel predicate-offense predicate-offenses prior-convictions sentencing-enhancement sixth-amendment statutory-interpretation |
Can a conviction in North Carolina state court involving the breaking and entering of outbuildings (storage sheds) that were visibly and actually padl… |
| 19-7289 |
Willis Shane Gordon v. Sam Cline, Warden |
Tenth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey apprendi-violation brady-evidence Brady-Violation burden-of-proof criminal-procedure criminal-sentencing double-jeopardy doyle-violation due-process exculpatory-evidence ineffective-assistance ineffective-assistance-of-counsel jury-trial kansas-sentencing-guidelines post-arrest-silence prior-convictions procedural-bar prosecutorial-misconduct sentencing-guidelines |
Issues being raised |
| 19-6956 |
Thomas H. Outland v. New Jersey |
New Jersey |
2019-12-16 |
Denied |
IFP |
confrontation-clause credibility criminal-defendant criminal-procedure criminal-procedure-impeachment due-process evidence evidence-rules fair-trial impeachment jury-instructions prior-convictions right-to-present-a-defense |
Did the New Jersey state court endorse the use of N.J.R.E. 806 to impeach non-testifying criminal defendants with their prior convictions |
| 19-6693 |
Chris Rayvon Starks v. United States |
Sixth Circuit |
2019-11-20 |
Denied |
IFP |
armed-career-criminal-act criminal-procedure judge-finding jury jury-decision jury-determination predicate-offense predicate-offenses prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-penalty |
Is the fact that the defendant committed three predicate offenses 'on occasions different from one another' an element of the ACCA for the jury to dec… |
| 19-6597 |
Thiodore Igorovich Galitsa v. United States |
Second Circuit |
2019-11-13 |
Denied |
Response WaivedIFP |
credibility criminal-history criminal-procedure-due-process cross-examination dismissed-case dismissed-charges due-process fair-trial false-statements illegal-reentry prior-arrests prior-convictions prosecutorial-misconduct trial-fairness |
Was Mr. Galitsa denied his right to a fair trial? |
| 19-6209 |
John Hudson v. United States |
Fifth Circuit |
2019-10-08 |
Denied |
Response WaivedIFP |
appeal armed-career-criminal-act certificate-of-appealability due-process federal-appellate-procedure johnson-precedent johnson-v-united-states prior-convictions resentencing section-2255 sentencing sentencing-review violent-felony |
Whether the United States Court of Appeals for the Fifth Circuit erred by denying Mr. Hudson a Certificate of Appealability in this § 2255 case |
| 19-6142 |
Santo Leone v. United States |
Fifth Circuit |
2019-10-03 |
Denied |
Response WaivedIFP |
abuse-of-discretion amendment categorical-approach civil-procedure district-court-discretion divisibility drug-convictions due-process first-step-act marijuana-convictions motion-to-amend prior-convictions section-851 standing timeliness |
Whether district court abused its discretion by concluding motion to amend should be denied as untimely? |
| 19-6115 |
Jose Manuel Aguirre-Ganceda v. United States |
Ninth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
actual-innocence collateral-attack criminal-justice criminal-procedure criminal-sentencing drug-conviction due-process federal-law federal-state-comity mandatory-life-sentence mandatory-minimum prior-convictions sentencing sentencing-enhancement state-court-reduction state-law |
Whether a defendant is actually innocent of a mandatory life sentence once a prior state drug conviction relied upon by the District Court is set asid… |
| 19-5923 |
Jamaar Danglo Hayes v. United States |
Eleventh Circuit |
2019-09-12 |
Denied |
Relisted (2)IFP |
armed-career-criminal-act categorical-approach prior-convictions sentencing sentencing-enhancement serious-drug-offense statutory-interpretation violent-felony |
Whether the determination of a 'serious drug offense' under the Armed Career Criminal Act (ACCA or Act) requires the same categorical approach used in… |
| 19-5861 |
Louise K. Saine v. United States |
Seventh Circuit |
2019-09-11 |
Denied |
Response WaivedIFP |
appeal-denial appeals career-offender court-of-appeal crime-of-violence criminal-procedure drug-law due-process federal-case federal-classification federal-court federal-rules-of-criminal-procedure prior-convictions rehabilitation-programs rule-35 sentencing sentencing-guidelines sentencing-reform-act state-officer |
When can Rule 35 be used error? |
| 19-5279 |
Miguel Esparza-Salazar v. United States |
Fifth Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure illegal-entry prior-convictions sentencing sentencing-factors sixth-amendment statutory-interpretation statutory-maximum |
Whether a criminal defendant charged with illegal entry under 8 U.S.C. § 1326(b)(1) and (2) is entitled to notice in the indictment of prior convictio… |
| 19-5146 |
Isiah Edward Gilliam v. Michigan |
Michigan |
2019-07-11 |
Denied |
IFP |
discovery discovery-violation due-process fair-trial habitual-offender ineffective-assistance-of-counsel jury-instructions mistrial prior-convictions prosecution prosecutorial-misconduct self-defense |
Was Mr. Gilliam denied due process and a fair trial |
| 19-5150 |
Irvin Junior Phillips v. United States |
Sixth Circuit |
2019-07-11 |
Denied |
Response WaivedIFP |
18-usc-924e apprendi-rule apprendi-v-new-jersey criminal-law criminal-procedure due-process indictment-requirements prior-conviction prior-convictions sentencing sentencing-enhancement sixth-amendment statutory-interpretation supreme-court-review |
Whether the Court should consider the continuing validity of Almendarez-Torres v. United States |
| 18-9789 |
Dan Pizarro v. United States |
Fifth Circuit |
2019-06-25 |
Denied |
IFP |
criminal-procedure criminal-sentencing direct-appeal drug-offenses drug-trafficking first-step-act prior-convictions prior-felony-conviction sentencing sentencing-enhancement statutory-minimum |
Whether Pizarro is entitled to the application of the First Step Act amendments to the statutory minimum sentences applicable to his drug trafficking … |
| 18-9601 |
Lawrence J. Strickland v. United States |
Eighth Circuit |
2019-06-10 |
Denied |
Response WaivedIFP |
armed-career-criminal criminal-procedure due-process fifth-amendment predicate-offenses prior-convictions sentencing sixth-amendment |
Does it violate the Fifth Amendment Due Process Clause and the Sixth Amendment for the district court to make a finding that two 'armed career crimina… |
| 18-9573 |
Ernesto Betancourt-Carrillo v. United States |
Fifth Circuit |
2019-06-06 |
Denied |
Response WaivedIFP |
criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum |
Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and eit… |
| 18-9556 |
Charles R. Willard v. California Department of Corrections and Rehabilitation |
Ninth Circuit |
2019-06-05 |
Denied |
IFP |
certificate-of-appealability inconsistent-testimony ineffective-assistance ineffective-assistance-of-counsel mental-health mental-illness prejudice prior-convictions prosecutorial-misconduct sentencing sentencing-mitigation trial-counsel witness-credibility witness-impeachment |
Is the low threshold for a certificate of appealability (COA) met on a claim that trial counsel provided prejudicially deficient performance when coun… |
| 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? |
| 18-9006 |
Donald Ray Boles v. United States |
Second Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
appellate-review apprendi-rule apprendi-v-new-jersey constitutional-interpretation criminal-procedure criminal-sentencing due-process judicial-fact-finding judicial-precedent prior-conviction prior-convictions sentencing-enhancement sentencing-enhancements sixth-amendment |
Whether the holding of Almendarez-Torres v. United States should be reconsidered |
| 18-8714 |
Kenneth Whigham, Jr., aka Kenneth Pringle v. United States |
First Circuit |
2019-04-05 |
Denied |
Response WaivedIFP |
Almendarez-Torres-v-United-States constitutional-challenge criminal-procedure due-process jury-submission jury-trial prior-conviction prior-convictions reasonable-doubt sentencing sentencing-enhancement supreme-court-precedent |
Whether this Court's decision in Almendarez-Torres v. United States, 523 U.S. 224 (1998), which held that the allegation of a prior conviction need no… |
| 18-8499 |
Nestor David Vasquez v. United States |
Ninth Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
almendarez-torres apprendi constitutional-fairness courtroom-prejudice courtroom-security defendant-rights defendant-specific-security fair-trial fair-trial-rights inherent-prejudice inherently-prejudicial judicial-procedure ninth-circuit-review prior-conviction prior-convictions sentencing-enhancements trial-security |
Whether the Ninth Circuit contravened the Supreme Court's holding in Holbrook v. Flynn by finding that the defendant-specific security measures employ… |
| 18-8442 |
Marc Dutch v. United States |
Tenth Circuit |
2019-03-18 |
Denied |
Response WaivedIFP |
6th-amendment apprendi criminal-procedure indictment jury prior-convictions sentencing sixth-amendment statutory-interpretation |
Does 18 U.S.C. § 924(e)(1)'s requirement that prior convictions be 'committed on occasions different from one another' require such facts to be allege… |
| 18-8380 |
Woodrow Pressey, Jr. v. United States |
Eleventh Circuit |
2019-03-12 |
Denied |
Relisted (4)IFP |
924(e)(2)(A)(ii) acca acca-predicate armed-career-criminal-act controlled-substances criminal-enhancement criminal-history drug-conviction drug-offenses florida-statute florida-statute-893.13 predicate-offense prior-convictions sentencing-enhancement serious-drug-offense serious-drug-offenses |
Whether prior convictions under Fla. Stat. §893.13 qualify as 'serious drug offenses' for purposes of the ACCA, §924(e)(2)(A)(ii) |
| 18-1054 |
Jason Allen Jackson v. United States |
Eighth Circuit |
2019-02-12 |
Denied |
|
admissibility circuit-split criminal-procedure criminal-prosecution drug-crimes drug-possession due-process evidence evidence-admissibility knowledge-intent prior-conviction prior-convictions |
Whether the mere fact of a prior drug possession conviction is admissible to show knowledge and intent in a subsequent drug distribution prosecution |
| 18-7572 |
Vernon Montrell Webster v. United States |
Eighth Circuit |
2019-01-25 |
GVR |
Response RequestedResponse WaivedRelisted (3)IFP |
alternative-means armed-career-criminal-act burglary burglary-statute criminal-law criminal-sentencing due-process generic-burglary generic-offenses prior-conviction prior-convictions sentencing statutory-interpretation |
Whether Wisconsin's burglary statute defines alternative means, making it broader than generic burglary and not a qualifying prior conviction under th… |
| 18-7577 |
Roland Castro v. United States |
Fifth Circuit |
2019-01-25 |
Denied |
Response WaivedIFP |
armed-career-criminal-act due-process habitual-offender johnson-retroactivity johnson-v-united-states prior-convictions residual-clause sentencing sentencing-ambiguity statutory-maximum united-states-v-herrold united-states-v-johnson violent-felony |
Whether petitioner's 240-month sentence under the Armed Career Criminal Act (ACCA) must be vacated because it is unclear whether he was sentenced unde… |
| 18-7323 |
Robert Willis v. United States |
Sixth Circuit |
2019-01-09 |
Denied |
Response WaivedIFP |
acca armed-career-criminal-act career-offender criminal-law criminal-procedure drug-trafficking prior-conviction prior-convictions sentencing sentencing-enhancement statutory-maximum violent-felony |
Whether petitioner Willis's 'B&E Occupied' is a violent felony under ACCA? |
| 18-7290 |
Muhamet Ajvazi v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division |
Fifth Circuit |
2019-01-08 |
Denied |
IFP |
constitutional-rights constitutional-violation criminal-procedure due-process enhancement evidence judicial-review prior-conviction prior-convictions remand reversal sentencing |
Whether the court should reverse and remand due to the admission of evidence of prior conviction used as enhancement that was not fulfilled |
| 18-7086 |
Alex Joe Hernandez v. United States |
Tenth Circuit |
2018-12-18 |
Denied |
Response WaivedIFP |
armed-career-criminal-act constitutional-retroactivity due-process johnson-ruling johnson-v-united-states judicial-interpretation prior-convictions residual-clause sentencing sentencing-error standing welch-v-united-states |
When a Johnson movant would not be an armed career criminal if sentenced today, how can he show that his sentence is infected with error under Johnson… |
| 18-7056 |
David Leonard Johnson v. California |
California |
2018-12-14 |
Denied |
IFP |
california-law criminal-law criminal-procedure criminal-procedure-lesser-included-offense descamps-standard due-process jury-instructions lesser-included-offense prejudicial-error prior-convictions receiving-stolen-property robbery |
Is the crime of receiving stolen property a lesser included offense of robbery, and if so, was the trial court's failure to instruct on receiving stol… |
| 18-6926 |
James Valentine v. United States |
Eleventh Circuit |
2018-12-06 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-court-conflict circuit-court-review circuit-split controlled-substance controlled-substance-offense criminal-sentencing criminal-sentencing-enhancement drug-conviction due-process ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentence-enhancement sentencing-guidelines statutory-interpretation |
Did the Eleventh Circuit Court of Appeals commit error in applying 21 U.S.C. §851 sentence enhancement? |
| 18-6581 |
Larry Hailey v. United States |
Fourth Circuit |
2018-11-06 |
Denied |
Response WaivedIFP |
28-usc-2255 career-offender career-offender-enhancement crimes-of-violence criminal-law criminal-procedure fourth-circuit fourth-circuit-appeal prior-convictions section-2255-motion sentencing sentencing-guidelines virginia-prior-convictions |
Whether the Fourth Circuit Court of Appeals Erred in Denying Petitioner's Appeal from Denial of His Motion Under 28 U.S.C. § 2255 Wherein Petitioner's… |
| 18-6472 |
James Gibson v. United States |
Eleventh Circuit |
2018-10-29 |
Denied |
Response WaivedIFP |
almendarez-torres criminal-procedure drug-offenses jury-trial mandatory-minimum prior-convictions reasonable-doubt recidivism sentencing sentencing-enhancement sixth-amendment |
Whether the Petitioner's sentence violated his Sixth Amendment right to a jury trial |
| 18-5978 |
John Robert Register, Jr. v. United States |
Eleventh Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
career-offender civil-rights criminal-procedure drug-possession due-process plain-error prior-convictions sentencing sentencing-enhancement sentencing-guidelines statutory-interpretation |
Did the court commit a plain error by applying a career offender enhancement to petitioner, even though his prior convictions neither of which had the… |
| 18-5839 |
James Frederick Rebmann v. United States |
Sixth Circuit |
2018-08-30 |
Denied |
Response WaivedIFP |
criminal-law drug-offense drug-offenses federal-sentencing federal-sentencing-guidelines felony-classification plain-reading possession-offenses prior-conviction prior-convictions sentencing-guidelines sixth-circuit statutory-interpretation |
Whether the plain reading of the Federal Sentencing Guidelines requires that the prior offense be more than simple possession |
| 18-5520 |
James Morris Sellers v. United States |
Fourth Circuit |
2018-08-09 |
Denied |
Response WaivedIFP |
armed-career-criminal-act conclusion constitutional-provisions drug-offenses index prior-convictions sentencing-enhancement statutory-interpretation statutory-provisions supreme-court-precedent table-of-contents |
Whether the lower courts improperly subjected the petitioner to an enhanced sentence under the Armed Career Criminal Act by arbitrarily and irrational… |
| 18-5480 |
Bjorn Christian Luster v. United States |
Eighth Circuit |
2018-08-07 |
Denied |
Response WaivedIFP |
burglary burglary-enhancement criminal-conviction criminal-history due-process evidence-interpretation fifth-amendment-due-process juvenile-offenses points-scoring prior-convictions sentencing sentencing-enhancement sentencing-guidelines sixth-amendment-effective-assistance-of-counsel ussg-2k2.1(b)(3) ussg-4a1.1 victim-testimony |
Whether the court erred in applying a sentencing enhancement for a prior crime of violence conviction when the prior conviction was for Iowa third-deg… |
| 18-5253 |
Dennis DeCiancio v. United States |
Sixth Circuit |
2018-07-17 |
Denied |
Response WaivedIFP |
civil-rights criminal-procedure disclosure-duty due-process duty-to-disclose evidence evidence-admissibility federal-rules-of-evidence free-speech materiality prior-convictions rule-10b-5 securities securities-fraud |
Whether evidence of unrelated prior convictions is admissible in securities fraud cases as direct proof of a fraud under Rule 10b-5, even though there… |
| 18-5092 |
Tyrone Anderson v. United States |
Eleventh Circuit |
2018-07-02 |
Denied |
Relisted (4)IFP |
almendarez-torres-v-united-states armed-career-criminal-act florida-robbery physical-force prior-convictions sentencing-enhancement stokeling-v-united-states victim-resistance violent-felony |
Whether Florida robbery is a 'violent felony' under the Armed Career Criminal Act |
| 18-5033 |
Johnny L. Dawson v. United States |
Eleventh Circuit |
2018-06-29 |
Denied |
Response WaivedIFP |
armed-career-criminal-act categorical-approach criminal-sentencing due-process eleventh-circuit modified-categorical-approach prior-convictions prior-offenses sentencing sentencing-enhancement sentencing,criminal-law,statutory-interpretation statutory-interpretation |
Whether the Eleventh Circuit Court of Appeals erred in holding Petitioner's prior offenses qualified him under the Armed Career Criminal Act (ACCA), 1… |