| 25-6705 |
Chad B. Wolf v. United States |
Sixth Circuit |
2026-02-03 |
Denied |
Response WaivedIFP |
criminal-enterprise managerial-role procedural-reasonableness sentencing-guidelines sixth-circuit substantive-reasonableness |
Question I - Was Wolf's Sentence Substantively and Procedurally Unreasonable as Rendered Given The District Court Used a Sentencing Guidelines Calcula… |
| 24-6990 |
Abdul Kilgore v. United States |
Sixth Circuit |
2025-04-15 |
Denied |
Response WaivedIFP |
confrontation-clause hearsay-evidence procedural-reasonableness sentencing sixth-amendment supervised-release |
1. Whether the district court's reliance on hearsay evidence, including a complaining
witness's video statement and photographic evidence, in a superv… |
| 23-7512 |
Dallas M. Acoff v. United States |
Fourth Circuit |
2024-05-20 |
Denied |
Response WaivedIFP |
appeal criminal-sentencing district-court due-process fifth-amendment guidelines harmless-error judicial-error procedural-reasonableness sentencing sentencing-guidelines |
Whether the district court committed error and imposed a procedurally unreasonable sentence on Mr. Acoff that exceeded the upper end of his United Sta… |
| 23-7431 |
Avery Lans v. United States |
Eleventh Circuit |
2024-05-09 |
Denied |
Response WaivedIFP |
18-usc-3553 abuse-of-discretion circuit-court-review criminal-sentencing federal-sentencing gall-v-united-states procedural-reasonableness sentencing-guidelines substantive-reasonableness |
QUESTON NUMBER ONE:
Did the Eleventh Circuit abused its discretion by the affirmance of
Petitioner's 240-month federal sentence when the district cou… |
| 23A767 |
Emiliano Emmanuel Flores-González v. United States |
First Circuit |
2024-02-22 |
Presumed Complete |
|
appellate-procedure circuit-precedent criminal-sentencing en-banc-review procedural-reasonableness sentencing-review |
In sentencing a defendant for a non-violent gun-possession offense, what role, if any, should a district court's stereotyped views about firearms in g… |
| 23-6560 |
Cole A. Wolak v. United States |
Sixth Circuit |
2024-01-24 |
Denied |
Response WaivedIFP |
child-pornography criminal-conviction district-court-error double-jeopardy possession procedural-reasonableness receipt-and-distribution sentencing |
WHEIHER THE DISTRICT COURT ERRED IN CONVICTING PETITIONER FOR BOTH POSSESSION OF CHILD PORNOGRAPHY AND FOR RECEIPT AND DISTRIBUTION OF CHILD PORNOGRAP… |
| 23-6178 |
Decardo Moore v. United States |
Sixth Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
concurrent-sentencing criminal-sentencing fact-finding intent-finding mental-health mental-illness plea-colloquy procedural-reasonableness second-degree-murder sentencing-errors substantive-reasonableness venue-insufficiency |
Question I - Was there adequate consideration at sentencing of Moore's mental illness such as to make his sentence procedurally and substantively erro… |
| 23-5995 |
Jake Messer v. United States |
Sixth Circuit |
2023-11-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion character-testimony commerce-clause federal-kidnapping-statute guidelines-calculation interstate-commerce noneconomic-violent-crime procedural-reasonableness sentencing sentencing-guidelines |
L
Whether the Sixth Circuit's interpretation of the Federal Kidnapping statute, 18 U.S.C. § 1201(a)(), as applied to Petitioner, exceeded Congressiona… |
| 23-5345 |
Henry Robledo v. United States |
Ninth Circuit |
2023-08-11 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure federal-rules holguin-hernandez-v-united-states preservation-of-error procedural-reasonableness sentencing sentencing-preservation statutory-interpretation |
Is an argument for a sentence based on specific statutory sentencing factors sufficient to preserve a procedural reasonableness claim? |
| 23-5228 |
Patrick Frederick Williams v. United States |
Eleventh Circuit |
2023-07-27 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split first-step-act procedural-reasonableness section-404 sentencing-reduction substantive-reasonableness |
Where a district court exercises its discretion under Section 404(b) of the First Step Act to deny a sentence reduction to a defendant with a "covered… |
| 23-5177 |
Kenneth Ragan-Armstrong v. United States |
Fourth Circuit |
2023-07-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion plain-error procedural-reasonableness sentencing sentencing-conditions supervised-release |
Whether the district court plainly erred in imposing special conditions of
supervision without explaining why such conditions were necessary or approp… |
| 22-7717 |
Christopher A. Bernard v. United States |
Fifth Circuit |
2023-06-06 |
Denied |
IFP |
appellate-review below-guidelines-sentence circuit-split district-court-discretion holguin-hernandez procedural-error procedural-reasonableness sentencing sentencing-reasonableness substantive-reasonableness |
This Court in Holguin-Hernandez held that a defendant's argument in the district court for
a lower sentence preserves appella te review to the substan… |
| 22-7618 |
Dennis Dewayne Jackson v. United States |
Eleventh Circuit |
2023-05-23 |
Denied |
Response WaivedIFP |
cruel-and-unusual-punishment cruel-unusual-punishment eighth-amendment first-time-offender non-violent-offense non-violent-offenses procedural-reasonableness sentencing-guidelines |
WHETHER THE SENTENCE OF 138 MONTHS' IMPRISONMENT IMPOSED ON A FIRST-TIME OFFENDER VIOLATED THE EIGHTH AMENDMENT PROHIBITION AGAINST CRUEL AND UNUSUAL … |
| 22-6092 |
Joshua Lewis v. United States |
Eleventh Circuit |
2022-11-18 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 3553a-factors criminal-history departures guidelines-departure procedural-reasonableness sentencing-guidelines u.s.s.g.-4a1.3 upward-variance |
Whether a district court can vary upward from the advisory sentencing range under the factors in 18 U.S.C. § 3553(a) based on the inadequacy of a defe… |
| 22-5127 |
Edward Brown v. United States |
First Circuit |
2022-07-19 |
Denied |
Response WaivedIFP |
co-conspirators double-jeopardy fifth-amendment political-beliefs political-views procedural-reasonableness resentencing sentencing sentencing-disparities sentencing-guidelines |
1. Since the petitioner has been continuously in custody since October 4, 2007, he completely served the sentences of imprisonment imposed by the dist… |
| 21-8093 |
Albert Aiad-Toss v. United States |
Sixth Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
18-usc-3553 18-USC-3553a abuse-of-discretion criminal-procedure district-court-discretion procedural-reasonableness reasonableness sentencing sentencing-guidelines substantive-reasonableness supervised-release |
Whether Mr. Aiad-Toss's lifetime supervised release term was procedurally unreasonable because the district court failed to adequately explain its dec… |
| 21-7065 |
Lori Majors v. United States |
Fifth Circuit |
2022-02-07 |
Denied |
Response WaivedIFP |
criminal-sentencing procedural-reasonableness ransom-demand sentencing-guidelines substantive-reasonableness upward-adjustment vulnerable-victim |
DID THE DISTRICT COURT ERR BY ASSIGNING A TWO-LEVEL UPWARD ADJUSTMENT PURSUANT TO U.S.S.G. §3A1.1(b)(1) BASED ON ITS ERRONEOUS FINDING THAT THE CASE I… |
| 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 |
1. A writ of certiorari is requested to determine whether the Second Circuit Court of Appeals erred in affirming Ferney Salas Torres' judgment of conv… |
| 21-6362 |
Rocky Krupa v. United States |
Sixth Circuit |
2021-11-19 |
Denied |
Response WaivedIFP |
booker booker-standard district-court-discretion due-process family-circumstances probabilistic-model procedural-reasonableness sentencing-guidelines substantive-reasonableness u.s.s.g.-§5h1.6 |
Question I. – Was Rocky Krupa's sentence procedurally and substantively unreasonable as the district court did not consider nor articulate why the app… |
| 21-6334 |
Christopher Jason Henry v. United States |
Eleventh Circuit |
2021-11-18 |
Denied |
Response WaivedIFP |
appellate-review booker-standard circuit-court harmless-error molina-martinez-v-united-states procedural-error procedural-reasonableness rosales-mireles-v-united-states sentencing-guidelines united-states-v-booker |
I. In the opinion below, a divided panel of the Eleventh Circuit held that the sentencing adjustment in U.S.S.G. § 5G1.3(b) is completely advisory, ev… |
| 21-5999 |
Steven Dewayne Gilbert v. United States |
Fifth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
appellate-procedure career-offender-guideline circuit-split criminal-sentencing district-court-discretion guideline-interpretation holguin-hernandez procedural-reasonableness sentencing-review substantive-reasonableness |
1. This Court in Holguin-Hernandez recently held that a defendant's argument in the district court for a lower sentence preserves appellate review to … |
| 21-5229 |
Jevante Marcus Richmond and Arthur Gene Evans, Jr. v. United States |
Fourth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing district-court fourth-circuit procedural-reasonableness sentencing-review substantive-reasonableness |
Whether the Fourth Circuit failed to apply substantive reasonableness review of the sentences imposed by the district court? |
| 20-8254 |
Demario M. Peterson v. United States |
Sixth Circuit |
2021-06-08 |
Denied |
Response WaivedIFP |
acquitted-conduct due-process fifth-amendment jury-trial procedural-reasonableness sentencing sentencing-variance sixth-amendment substantive-reasonableness |
Whether the Sixth Amendment, Fifth Amendment, and this Court's jurisprudence on the procedural and substantive reasonableness of sentences are implica… |
| 20-7703 |
Gary Lamont Robinson v. United States |
Fourth Circuit |
2021-04-09 |
Denied |
Response WaivedIFP |
appellate-review circuit-court-procedure criminal-sentencing district-court fourth-amendment fourth-circuit individualized-assessment judicial-discretion procedural-reasonableness sentencing-review |
Whether the Fourth Circuit's decision is in conflict with the Court's decision in Gall v. United States, 552 U.S. 38 (2007), because the Fourth Circui… |
| 20-7052 |
Joshua Wright v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion mitigating-factors procedural-reasonableness reasonableness sentencing substantive-reasonableness |
Where the court failed to address Petitioner's mitigating arguments and failed to justify its sentence, whether the 151-month sentence is procedurally… |
| 20-6946 |
Barry Cashin v. United States |
Sixth Circuit |
2021-01-26 |
Denied |
IFP |
appellate-jurisdiction appellate-review circuit-split criminal-procedure due-process procedural-reasonableness sentence-reduction sentencing statutory-interpretation substantive-reasonableness |
Does 18 U.S.C. § 3742(a) restrict appellate courts' authority to review the procedural and substantive reasonableness of a denial of a motion for a se… |
| 20-6702 |
Tomas Moreno-Turrubiates v. United States |
Fifth Circuit |
2020-12-23 |
Denied |
Response WaivedIFP |
18-usc-3553 appellate-review mitigation-arguments plain-error-review procedural-reasonableness procedural-unreasonableness sentence-explanation sentencing sentencing-guidelines substantial-rights |
1. Whether, when a defendant presents nonfrivolous mitigation arguments in favor of a lower sentence, a district court must address those arguments as… |
| 20-6406 |
Jeffrey Neal Cuddington v. United States |
Fifth Circuit |
2020-11-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split history-and-characteristics preservation-of-error procedural-reasonableness sentencing sentencing-procedure substantive-reasonableness |
I. In Holguin-Hernandez v. United States, this Court reserved whether a
formal objection at the time of sentencing is required to preserve abuseof-dis… |
| 20-6402 |
Eric Treantos v. United States |
First Circuit |
2020-11-23 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review booker-standard booker-v-united-states criminal-appeal criminal-sentencing first-circuit-court-of-appeals gall-v-united-states judicial-discretion procedural-reasonableness sentencing-guidelines united-states-v-eric-treantos |
1. Does the First Circuit Court of Appeals' decision in petitioner's case conflict with this Court's decisions in Booker v. United States, 543 U.S. 22… |
| 20-6237 |
Jamar Parker v. United States |
Fourth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
criminal-history district-court mitigating-factors mitigation-arguments procedural-reasonableness sentencing substantive-reasonableness |
Where the district court failed to consider or address Petitioner's mitigating arguments and focused exclusively on his criminal history, whether the … |
| 20-6180 |
Naquan Reyes v. United States |
Second Circuit |
2020-11-02 |
Denied |
Response WaivedIFP |
18-usc-3553 court-of-appeals criminal-procedure criminal-sentencing district-court federal-sentencing procedural-reasonableness procedural-unreasonableness sentencing-guidelines statutory-interpretation supreme-court |
I. Whether the Court of Appeals erred in rejecting Reyes's contention that the sentence was procedurally unreasonable based on the district court's fa… |
| 20-5771 |
Taveon Nixon v. United States |
Fourth Circuit |
2020-09-24 |
Denied |
Response WaivedIFP |
appeal-waiver due-process miscarriage-of-justice procedural-reasonableness sentencing statutory-maximum substantive-reasonableness |
WHETHER THE TRIAL COURT'S OVERT CONSIDERATION OF THE EXISTENCE AND NATURE OF AN APPEAL WAIVER PRIOR TO VARYING UPWARD TO THE STATUTORY MAXIMUM SENTENC… |
| 20-5424 |
Alfred Lee Hanzy, Jr. v. United States |
Fourth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing federal-sentencing fourth-circuit gall-precedent gall-v-united-states judicial-discretion procedural-reasonableness sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Fourth Circuit's decision is in conflict with the Court's decision
in Gall v. United States, 552 U.S. 38 (2007). |
| 20-5293 |
Stanley P. Bates v. United States |
Fifth Circuit |
2020-08-06 |
Denied |
Response WaivedIFP |
abuse-of-discretion circuit-split criminal-sentencing position-of-trust position-of-trust-enhancement procedural-reasonableness sentencing-guidelines standard-of-review |
When reviewing the interpretation of the "position of trust" enhancement under Sentencing Guideline §3B1.3, does a court of appeals apply a de novo st… |
| 19-8592 |
Maria Soly Almonte, aka Soly Almonte, aka Soly La Fuerte, aka SoSo, aka SoSo Wavy, aka Soly Montana v. United States |
Second Circuit |
2020-06-03 |
Denied |
Response WaivedIFP |
age-of-consent appellate-review criminal-procedure due-process obstruction-of-justice procedural-reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
1. Whether Almonte's sentence was procedurally unreasonable because the district court failed to determine whether she obstructed justice under Guidel… |
| 19-8137 |
Rafael Posadas-Gonzalez v. United States |
Fifth Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing federal-sentencing procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness upward-departure |
Whether the District Court and Court of Appeals misapplied the law under U.S.S.G § 4A1.3 and 18 U.S.C. § 3553 (a) sentencing factors in granting an up… |
| 19-8065 |
Reinaldo Vasquez-Rivera v. United States |
First Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
appellate-review district-court-discretion guidelines-range procedural-reasonableness sentencing-factors sentencing-guidelines standard-of-review substantive-reasonableness supervised-release |
Question not identified. |
| 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 |
Question not identified. |
| 19-7681 |
Howard Aron Washington, Jr. v. United States |
Fourth Circuit |
2020-02-18 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review criminal-sentencing gall-v-new-jersey guideline-departure procedural-error procedural-reasonableness reasonableness rosales-mireles Rosales-Mireles-v-United-States sentencing sentencing-guidelines standard-of-review |
THE DECISION OF THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT IN UNITED STATES V. WASHINGTON IS INCONSISTENT WITH THIS COURT'S DECISION IN… |
| 19-7056 |
Robert Keith Kinsey v. United States |
Fifth Circuit |
2019-12-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure district-court judicial-objection objection preservation-of-error procedural-reasonableness reasonableness sentencing sentencing-procedure |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court? |
| 19-7044 |
Darmarcus Fisher v. United States |
Fifth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
aggravated-assault appeal appellate-review criminal-procedure criminal-sentencing district-court due-process fifth-circuit procedural-reasonableness sentencing sentencing-enhancement sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the district court imposed a substantively unreasonable sentence and erred by imposing a 4-level enhancement for aggravated assault. |
| 19-6935 |
Rickie James King v. United States |
Fifth Circuit |
2019-12-13 |
Denied |
Response WaivedIFP |
appellate-review certiorari criminal-procedure district-court due-process fifth-circuit leniency-arguments preservation-of-error procedural-reasonableness reasonableness remand sentencing sentencing-procedure united-states-v-haymond |
I. Must challenges to the procedural reasonableness of a sentence be preserved by a separate "reasonableness" objection in district court?
II. Whethe… |
| 19-5741 |
Jose Marin Saldana-Reyes v. United States |
Ninth Circuit |
2019-08-29 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness reasonableness sentencing sentencing-procedure sentencing-standard |
In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to… |
| 18-9578 |
James Jacob Parrish, Jr. v. United States |
Fourth Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process firearm-enhancement ineffective-assistance-of-counsel prior-conviction procedural-reasonableness sentencing sentencing-departure sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance sixth-amendment substantive-reasonableness |
Whether Parrish's sentence was procedurally and substantively unreasonable because the district court imposed an unsupported departure and/or variance… |
| 18-9306 |
Shawn Sayer v. United States |
First Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-procedure criminal-sentencing due-process maximum-sentence probation-report procedural-error procedural-reasonableness sentencing sentencing-guidelines substantive-reasonableness upward-variance |
I. Whether the district court erred by imposing a sentence without adequate explanation pursuant to 18 U.S.C. § 3553(c), and the length of which sente… |
| 18-9233 |
Michael Perales v. United States |
Fifth Circuit |
2019-05-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-appeals criminal-procedure district-court-discretion due-process plain-error procedural-reasonableness reasonableness sentencing sentencing-explanation sentencing-guidelines sentencing-procedure |
Is a district court's gross failure to explain an above-range sentence or to respond to arguments for a lesser sentence reversible on plain error?
Mu… |
| 18-8504 |
John Whaley v. United States |
Second Circuit |
2019-03-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process imprisonment procedural-reasonableness reasonableness sentencing sentencing-factors sentencing-guidelines supervised-release |
Whether, on remand, imposition of the same twenty-five year term of imprisonment and maximum ter superviselease was bot procurally n ubstantively rabl… |
| 18-8352 |
Lino Hernandez v. United States |
Ninth Circuit |
2019-03-08 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3553(a)-factors 3582(c)(2)-motion amendment-782 amendment-782-788 criminal-sentencing district-court-discretion procedural-reasonableness sentence-disparity sentence-reduction sentencing-disparities sentencing-error sentencing-guidelines statutory-interpretation |
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w… |
| 18-8261 |
Cordell Berry v. United States |
Fourth Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
career-offender career-offender-enhancement certificate-of-appealability collateral-review federal-rules-civil-procedure legal-error mathis-retroactivity mathis-v-united-states procedural-reasonableness rule-59-motion sentencing-guidelines sentencing-guidelines-4b1.1 sentencing-guidelines-enhancement sentencing-guidelines-miscalculation |
Whether the court of appeals committed clear legal error when it denied a certificate of appealability (COA), on my challenge to the application of a … |
| 18-8161 |
Kali Lord v. United States |
Fifth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
above-guidelines-sentence appellate-review criminal-procedure district-court district-court-discretion plain-error preservation-of-error procedural-error procedural-reasonableness reasonableness sentencing sentencing-arguments sentencing-guidelines sentencing-reasonableness |
Is a district court's gross failure to explain an above-range sentence or to respond to arguments for a lesser sentence reversible on plain error?
Mu… |
| 18-8131 |
Adelfo Pamatmat v. United States |
Sixth Circuit |
2019-02-26 |
Denied |
Response WaivedIFP |
constitutional-rights drug-quantity evidentiary-hearing ineffective-assistance procedural-reasonableness sentencing-guidelines sixth-amendment sixth-circuit strickland-standard strickland-v-washington trial-counsel |
I. WHETHER PETITIONER RECEIVED THE EFFECTIVE REPRESENTATION OF TRIAL COUNSEL WHEN COUNSEL FAILED TO PROPERLY INVESTIGATE THE CASE AND THE SIXTH CIRCUI… |
| 18-6971 |
Zachery Joseph Cooley, aka Red v. United States |
Eleventh Circuit |
2018-12-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing gall-v-united-states guideline-calculation harmless-error judicial-discretion procedural-error procedural-reasonableness sentencing-guidelines substantive-reasonableness |
When a defendant appeals his sentence on the grounds that his Guideline range was miscalculated, may an appellate court disregard any error in the gui… |
| 18-6732 |
Myron Gerald Stevens v. United States |
Eleventh Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-sentencing discretion-to-vary downward-variance judicial-discretion procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness |
1. Did the trial court impose a procedurally unreasonable sentence of life imprisonment upon conviction of a first offense, where it applied an incorr… |
| 18-6692 |
Richard D. Waterson, II v. United States |
Eleventh Circuit |
2018-11-14 |
Denied |
Response WaivedIFP |
criminal-sentencing double-counting fairness justice procedural-reasonableness reasonableness recidivism recidivism-risk sentencing-enhancement sentencing-enhancements sentencing-guidelines |
Whether in the exercise of its supervisory jurisdiction over the Courts of the United States, this Court should determine that the sentence imposed on… |
| 18-6459 |
Cliserio Balmes-Cruz v. United States |
Ninth Circuit |
2018-10-26 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness rita-v-united-states sentencing sentencing-review standard-of-review |
In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to… |
| 18-6404 |
Tomas Ramirez-Cruz v. United States |
Ninth Circuit |
2018-10-24 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-sentencing due-process judicial-review non-frivolous-arguments procedural-due-process procedural-reasonableness reasonableness rita-v-united-states sentencing-policy sentencing-procedure sentencing-reasonableness |
In contrast with the Ninth Circuit, at least seven other circuits apply a standard which requires a sentencing judge provide some express treatment to… |
| 18-6319 |
William Shane Reid v. United States |
Sixth Circuit |
2018-10-15 |
Denied |
Relisted (2)IFP |
18-usc-3582 appellate-jurisdiction circuit-split criminal-sentencing discretionary-denial discretionary-review procedural-reasonableness review-standard sentence-reduction sentencing-guidelines |
Whether a court of appeals has jurisdiction to review a district court's discretionary denial of a sentence reduction under 18 U.S.C. § 3582(c)(2) whe… |
| 18-6229 |
Josh A. Wairi v. United States |
First Circuit |
2018-10-09 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review booker-standard booker-v-united-states criminal-appeal criminal-sentencing first-circuit-court-of-appeals gall-v-united-states judicial-discretion procedural-reasonableness sentencing-guidelines united-states-v-josh-wairi |
1. Does the First Circuit Court of Appeals' decision in petitioner's case conflict with this Court's decisions in Booker v. United States, 543 U.S. 22… |
| 18-6206 |
Jason Randall Howard v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process judicial-discretion procedural-reasonableness sentencing sentencing-disparities sentencing-factors sentencing-guidelines substantive-reasonableness variance-sentence |
1. Is Howard's 457% above-guideline variance sentence procedurally unreasonable because the District Court failed to consider the need to avoid unwarr… |
| 18-5973 |
Alvin Ramirez-De Jesus v. United States |
First Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
18-usc-3553(a) booker-standard criminal-procedure drug-conspiracy exclusionary-rule fourth-amendment probable-cause probation-revocation procedural-reasonableness reasonable-suspicion search-and-seizure sentencing-factors sentencing-guidelines substantive-reasonableness supervised-release |
Question not identified. |
| 18-5828 |
Adolfo Lopez-Garcia v. United States |
Seventh Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3582c-motion amendment-782 criminal-procedure criminal-sentencing district-court procedural-reasonableness sentence-reduction sentencing-discretion sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error substantive-reasonableness sufficient-but-not-greater-than-necessary |
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w… |
| 18-5554 |
Carlos Troche-Alvarado v. United States |
First Circuit |
2018-08-13 |
Denied |
Response WaivedIFP |
18-U.S.C-3553 18-usc-3553 above-guidelines-sentence adequate-explanation appellate-review criminal-sentencing district-court-discretion erroneous-factual-basis judicial-discretion procedural-reasonableness prosecution-recommended-sentence sentencing-factors sentencing-guidelines statutory-interpretation |
Whether a sentencing court violates 18 U.S.C. § 3553 when it imposes an above-Guidelines sentence, which also exceeds the prosecution's recommended se… |
| 18-16 |
Larone Frederick Elijah v. United States |
Fourth Circuit |
2018-07-02 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review criminal-procedure criminal-procedure-sentencing-guidelines-harmless- district-court federal-sentencing harmless-error procedural-reasonableness sentencing-guidelines substantive-reasonableness variance-sentence |
In Rosales-Mireles, 138 S. Ct. 1897 (2018), this Court held that "before a court of appeals can consider the substantive reasonableness of a sentence,… |