relevant-conduct
48 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-6753 | John Martin v. United States | Second Circuit | 2025-03-12 | Denied | Response WaivedIFP | criminal-activity joint-enterprise reasonably-foreseeable relevant-conduct second-circuit sentencing-guidelines | Whether the United States Court of Appeals for the Second Circuit incorrectly interpreted the Sentencing Guidelines' relevant conduct provisions for j… |
| 24-5882 | Tyrone Greenfield v. United States | Fourth Circuit | 2024-10-31 | Denied | Response WaivedIFP | criminal-history judicial-discretion miscalculation procedural-error relevant-conduct sentencing | Whether a sentence may be sustained if it relies upon an obvious and gross miscalculation pertaining to alleged wrongdoing that results in incorrect r… |
| 24-5071 | Dennis German v. United States | Seventh Circuit | 2024-07-12 | Denied | Response WaivedIFP | 4th-amendment 5th-amendment 8th-amendment criminal-procedure due-process effective-assistance eighth-amendment fifth-amendment relevant-conduct sentencing sentencing-guidelines | Whether the government violated the petitioner's 8th Amendment and 5th Amendment constitutional rights by using separate incidents as relevant conduct… |
| 23-1188 | Jonathon Owen Shroyer v. United States | District of Columbia | 2024-05-03 | Denied | Response Waived | appeal-waiver first-amendment free-speech protected-speech relevant-conduct relevant-offense-conduct sentencing substantive-reasonableness | Whether a prison sentence imposed as a result of the consideration of protected speech as 'relevant offense conduct' violates the First Amendment and … |
| 23-7304 | Michael Anthony Granado v. United States | Sixth Circuit | 2024-04-25 | Denied | Response WaivedIFP | criminal-law due-process firearms firearms-possession music-videos relevant-conduct sentencing-guidelines sixth-circuit uncharged-offenses | Whether district courts are misapplying the 'relevant-conduct' section of the United States Sentencing Guidelines |
| 23-7097 | Travis C. Crosby v. United States | Eleventh Circuit | 2024-03-28 | Denied | Response WaivedIFP | conspiracy criminal-evidence criminal-procedure due-process eleventh-circuit evidence fraud fraud-charges ppp-loans relevant-conduct rule-404b sentencing | Whether the Eleventh Circuit erred in admitting Rule 404(b) evidence of unrelated PPP loan fraud, |
| 23-5605 | Alfred John McDonald v. United States | Fifth Circuit | 2023-09-18 | Denied | Response WaivedIFP | criminal-history drug-quantity due-process evidence-standard hemp marijuana procedural-fairness relevant-conduct | Whether McDonald's right to due process was violated |
| 23-5583 | Fernando Lopez v. United States | Fifth Circuit | 2023-09-14 | Denied | Response WaivedIFP | crime-of-violence double-counting felon-in-possession fifth-amendment preponderance-of-the-evidence preponderance-standard relevant-conduct sentencing sixth-amendment | Whether alleged possession of a different gun 17 months after Mr. Lopez's charged felon-in-possession offense constituted relevant-conduct |
| 22-7814 | Joshua E. Preece v. United States | Sixth Circuit | 2023-06-20 | Denied | Response WaivedIFP | chapter-four criminal-history criminal-law due-process federal-sentencing-guidelines recidivism recidivist-enhancement relevant-conduct sentencing sentencing-guidelines statutory-interpretation united-states-sentencing-commission | Whether the relevant conduct principles of USSG § 1B1.3 govern application of Chapter Four recidivist enhancements |
| 22-7498 | Joel Armando Rodriguez v. United States | Fourth Circuit | 2023-05-09 | Denied | Response WaivedIFP | cooperating-defendants cooperating-witnesses criminal-procedure drug-weight fourth-circuit methamphetamine offense-level plea-bargaining relevant-conduct sentencing-guidelines | Whether the district court improperly expanded Guideline § 1B1.3 by including as relevant drug weight uncorroborated statements of two cooperating def… |
| 22-6264 | Randall Eddie Mellon v. United States | Eleventh Circuit | 2022-12-09 | Denied | IFP | administrative-law agency-deference auer-deference circuit-split judicial-review relevant-conduct seminole-rock-deference sentencing-guidelines statutory-interpretation | Whether Kisor constrains the deference courts may accord to the commentary to the Sentencing Guidelines |
| 22-6255 | Deonte Courtez Gates v. United States | Sixth Circuit | 2022-12-08 | Denied | Response WaivedIFP | blakely-v-washington circuit-court-conflict constitutional-interpretation eighth-amendment federal-law juvenile-defendant relevant-conduct sentencing-guidelines | Whether the relevant conduct sentencing guideline is unconstitutional under the Eighth Amendment as applied to conduct committed by a juvenile defenda… |
| 22-5730 | Quincy Campbell v. United States | Seventh Circuit | 2022-10-03 | Denied | Response WaivedIFP | appellate-review burden-of-proof coconspirator-testimony criminal-procedure due-process judicial-error relevant-conduct sentencing sentencing-guidelines | Whether the district court erred in sentencing the defendant |
| 22-5421 | Henry Wilke Eilders v. United States | Eighth Circuit | 2022-08-22 | Denied | Response WaivedIFP | conspiracy criminal-history drug-conspiracy drug-offenses federal-sentencing-guidelines methamphetamine methamphetamine-distribution relevant-conduct sentencing sentencing-enhancement sentencing-guidelines | Whether Petitioner's prior methamphetamine related convictions should have been classified as relevant conduct |
| 22-5338 | Chikosi Legins v. United States | Fourth Circuit | 2022-08-11 | Denied | Response WaivedIFP | 18-usc-1001 apprendi apprendi-rule criminal-law criminal-procedure evidence false-statement relevant-conduct sentencing sentencing-enhancement statutory-maximum sufficiency | Whether the evidence was sufficient to support the conviction under 18 U.S.C. 1001 |
| 21-7769 | Lonnell Tucker v. United States | District of Columbia | 2022-05-04 | Denied | Amici (1)Response WaivedIFP | appellate-review base-offense-level circuit-split drug-quantity narcotics-prosecution relevant-conduct sentencing-guidelines standard-of-review | Whether the Court should resolve the circuit conflict by requiring de novo review for contested methodologies used to determine Base Offense Levels in… |
| 21-1418 | Medardo Queg Santos v. United States | Eleventh Circuit | 2022-05-04 | GVR | Response RequestedRelisted (2) | controlled-substances expert-testimony good-faith good-faith-defense medical-practice medical-purpose relevant-conduct sentencing sentencing-guidelines | Whether a physician's good faith is a complete defense to a prosecution for prescribing controlled substances without a legitimate medical purpose or … |
| 21-6888 | Ryan Kenneth Richmond, aka Rich v. United States | Fourth Circuit | 2022-01-18 | Denied | Response WaivedIFP | appeal-waiver appellate-review attempted-murder criminal-defendant criminal-procedure plea-agreement relevant-conduct sentencing-guidelines | Does a criminal defendant's waiver of his right to appeal a within guideline's sentence bar appellate review where the district court used a cross ref… |
| 21-6182 | Erick Argueta Larios v. United States | First Circuit | 2021-11-04 | Denied | Response WaivedIFP | clear-and-convincing-evidence criminal-procedure due-process federal-district-court relevant-conduct sentencing sentencing-enhancement | Whether a federal district court may use relevant conduct not proven by clear and convincing evidence to disproportionately raise a defendant's senten… |
| 21-6148 | Lonnie Earl Parlor v. United States | Ninth Circuit | 2021-11-02 | Denied | Response WaivedIFP | criminal-sentencing drug-trafficking enhancement-factors firearm-possession firearms relevant-conduct sentencing-guidelines specific-offense-characteristics statutory-maximum uncharged-conduct | Whether a defendant's uncharged possession of firearms is 'relevant conduct' for sentencing enhancement |
| 21-633 | Gustavo Placancia-Rosendo v. United States | Fifth Circuit | 2021-10-29 | Denied | Response Waived | acceptance-of-responsibility burden-of-proof criminal-procedure due-process plea-agreement relevant-conduct sentencing standard-of-proof | Whether the government must meet a heightened standard of proof before claiming a defendant has 'falsely denied' uncharged 'relevant conduct' for purp… |
| 21-5985 | DeCarlos Titington v. United States | Sixth Circuit | 2021-10-15 | Denied | Response WaivedIFP | concurrent-sentences constitutional-rights criminal-sentencing discharged-sentences due-process equal-protection relevant-conduct sentencing-guidelines undischarged-sentences | Equal protection and due process rights for discharged vs. undischarged sentences |
| 21-5518 | John Perez v. United States | Fifth Circuit | 2021-08-30 | Denied | Response WaivedIFP | atascosa-county base-offense-level criminal-procedure drug-distribution drug-quantity mass-marketing relevant-conduct sentencing-enhancement sentencing-guidelines traffic-stop | Was it improper for the Court to find the base offense level was 34 because Mr. Perez should only have been held accountable for the 15 pounds of 'bot… |
| 20-8400 | Daryl Wendell Barley v. United States | Fourth Circuit | 2021-06-24 | Denied | Response WaivedIFP | clear-and-convincing-evidence criminal-procedure effective-assistance-of-counsel evidence-standard first-step-act preponderance-of-evidence relevant-conduct sec-404 sentencing-reduction sixth-amendment | Whether the 'clear and convincing evidence standard' should be used instead of the 'preponderance of evidence standard' when determining the relevant … |
| 20-8002 | Jason Andrew Cavazos v. United States | Fifth Circuit | 2021-05-12 | Denied | Response WaivedIFP | appellate-review criminal-sentencing plain-error relevant-conduct sex-offense u.s.s.g.-§2g1.3(b)(4) | Whether the court of appeals failed to properly apply the plain error analysis to the question of whether the sentencing court erred by including a tw… |
| 20-1565 | Michael Ryan Mitchan v. United States | Fifth Circuit | 2021-05-11 | Denied | Response Waived | confrontation-clause criminal-procedure due-process hearsay hearsay-evidence relevant-conduct sentencing-guidelines | Should defendants in criminal cases be permitted to confront witnesses against them at sentencing when their uncorroborated hearsay statements are sol… |
| 20-7475 | Corry Jessie v. United States | Fifth Circuit | 2021-03-17 | Denied | Response WaivedIFP | conviction enhancement extraneous-offense felony relevant-conduct sentencing-guidelines | Did the district court err in applying a 4-level enhancement for 'in connection with another felony offense'? |
| 20-7177 | Sandra Doyle v. United States | Fifth Circuit | 2021-02-19 | Denied | Response WaivedIFP | acceptance-of-responsibility criminal-procedure due-process post-arrest-interview prosecutorial-discretion relevant-conduct safety-valve sentencing witness-testimony | Is it a denial of due process to sentence petitioner based on a finding that she lied or minimized in her safety-valve interview? |
| 20-6655 | Alonso Sanchez Ochoa v. United States | Fifth Circuit | 2020-12-21 | Denied | Response WaivedIFP | consecutive-sentence criminal-sentencing defense-counsel district-court pre-sentence-report probation-officer relevant-conduct sentencing | Is it reasonable for a District Court to order a consecutive sentence despite an agreement among Probation Officer, Pre-Sentence Report Addendum, and … |
| 20-5910 | Robert Coleman v. United States | Fifth Circuit | 2020-10-05 | Denied | Response WaivedIFP | civil-rights constitutional-law constitutional-rights criminal-procedure due-process fifth-amendment relevant-conduct sentencing sentencing-enhancement statutory-interpretation | What constitutes relevant conduct? |
| 20-5894 | Jorge Eduardo Nava v. United States | Fifth Circuit | 2020-10-02 | Denied | Response WaivedIFP | criminal-liability criminal-sentencing due-process fifth-amendment preponderance-of-evidence relevant-conduct sentencing-guidelines standard-of-proof unrelated-offense | Does the Fifth Amendment's Due Process Clause require a heightened standard of proof to dramatically increase a criminal defendant's prison sentence f… |
| 20-5890 | Willie R. Benton, Jr. v. United States | Sixth Circuit | 2020-10-02 | Denied | Response WaivedIFP | criminal-procedure drug-conspiracy due-process mistake-of-fact relevant-conduct sentencing sixth-circuit | Is a criminal defendant denied Due Process of Law when the sentencing Court in a drug conspiracy case determines that a quantity of a substance should… |
| 20-5759 | Charles C. Williamson v. United States | Fourth Circuit | 2020-09-18 | Denied | Response WaivedIFP | accomplice-liability criminal-procedure drug-quantity drug-weight judicial-interpretation relevant-conduct sentencing-guidelines standard-of-review statutory-interpretation | Whether the district court and circuit court misinterpreted and misapplied the 'relevant conduct' provisions of United States Sentencing Commission, G… |
| 20-5540 | Ugunda Giovanni Sanders v. United States | Sixth Circuit | 2020-08-31 | Denied | Response WaivedIFP | conspiracy-charge constructive-amendment double-jeopardy due-process fifth-amendment grand-jury plea-agreement plea-bargaining prosecutorial-discretion relevant-conduct | Did the Government violate Sanders's rights under the Fifth Amendment to have a grand jury consider the charge and to have the Government honor its im… |
| 20-133 | Joseph Michael Diaz v. United States | Eleventh Circuit | 2020-08-07 | Denied | Response Waived | child-pornography criminal-appeal eleventh-circuit evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal relevant-conduct sentencing-guidelines sexual-contact | Whether the Eleventh Circuit Court of Appeals erred in holding that counsel was not ineffective assistance |
| 19-1407 | Mercy O. Ainabe v. United States | Fifth Circuit | 2020-06-24 | Denied | Response Waived | corporate-entities health-care-claims health-care-fraud loss-calculation medicare medicare-fraud relevant-conduct sentencing-guidelines victim-definition | Whether Medicare beneficiaries are 'victims' for purposes of sentencing enhancements |
| 19-7557 | Lance Yarbough v. United States | Third Circuit | 2020-02-05 | Denied | Response WaivedIFP | criminal-activity double-jeopardy drug-conspiracy jointly-undertaken-criminal-activity relevant-conduct sentencing statutory-minimum substantive-offenses successive-prosecution | Where a prosecution for drug conspiracy under 21 U.S.C. §846 is successive to separate sentences for substantive offenses that are included in the con… |
| 19-7430 | Richard L. Bryant v. United States | Fourth Circuit | 2020-01-27 | Denied | Response WaivedIFP | alleyne apprendi apprendi-alleyne apprendi-alleyne-rule drug-distribution-conspiracy fair-sentencing-act fair-sentencing-act-2010 first-step-act first-step-act-2018 relevant-conduct retroactive-sentencing sentencing-reduction statutory-ranges | Whether a defendant convicted of a drug distribution conspiracy involving multiple controlled substances is eligible for a sentence reduction under th… |
| 19-6619 | Genesis Lee Whitted v. United States | Fourth Circuit | 2019-11-13 | Denied | Response WaivedIFP | base-offense-level criminal-procedure drug-quantity drug-weight fourth-circuit indictment relevant-conduct sentencing-guidelines sentencing-guidelines-1b1.3 time-interval | Whether the district court improperly expanded Guideline § 1B1.3 by including drug amounts associated with conduct occurring significantly outside the… |
| 18-8079 | Christopher Loran Bentley v. United States | Eleventh Circuit | 2019-02-22 | Denied | Response WaivedIFP | abuse-of-discretion acceptance-of-responsibility criminal-sentencing judicial-discretion notice-requirement relevant-conduct sentencing-guidelines sentencing-reasonableness statutory-maximum substantive-reasonableness upward-departure | Whether the district court erred in sentencing Mr. Bentley |
| 18-7978 | Raymond Amerson v. United States | Eighth Circuit | 2019-02-14 | Denied | Response WaivedIFP | all-writs-act audita-querela clarification criminal-procedure jurisdictional-review relevant-conduct sentencing-guidelines united-states-v-morgan | Whether an All Writs Act petition pursuant to 28 U.S.C. § 1651 (Audita Querela) fills the gap where a defendant has no other appropriate vehicle to pu… |
| 18-7084 | Anthony Steven Young v. United States | Sixth Circuit | 2018-12-18 | Denied | Response WaivedIFP | abuse-of-discretion child-pornography close-scrutiny criminal-sentencing district-court-discretion internet-access relevant-conduct sentencing sentencing-guidelines standard-of-review ussg-2g2.2 | What standard of review applies to the district court's decision to use the guideline for receiving or distributing child pornography to sentence a ch… |
| 18-6900 | Jacob Scott Watters v. United States | Eighth Circuit | 2018-12-07 | Denied | Response WaivedIFP | child-pornography commerce-clause constitutional-limits criminal-law predicate-offense relevant-conduct sentencing-guidelines statutory-interpretation unconstitutional-law visual-depictions | Is 18 U.S.C. §2251(a) unconstitutional under the Commerce Clause? |
| 18-6518 | Gregory Crum v. United States | Fourth Circuit | 2018-10-31 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure district-court-discretion drug-crimes drug-offense drug-offenses foreign-origin leadership-enhancement methamphetamine relevant-conduct sentencing sentencing-guidelines standard-of-review | Whether the district court abused its discretion in determining relevant conduct |
| 18-6389 | Anthony Lomax v. United States | Seventh Circuit | 2018-10-19 | Denied | Response WaivedIFP | attempted-murder buyer-seller career-offender conspiracy crime-of-violence criminal-history drug-quantity heroin-attribution relevant-conduct sentencing sentencing-guidelines | Whether the district court properly attributed 16.8 kilograms of heroin to Anthony Lomax during sentencing despite the dismissal of his conspiracy cha… |
| 18-5917 | John Doe v. United States | Third Circuit | 2018-09-07 | Denied | Response WaivedIFP | appellate-review connected-conduct criminal-procedure federal-offense nexus obstruction obstructive-act reckless-endangerment relevant-conduct sentencing-guidelines | Whether the Court of Appeals erred by affirming the judgment of the District Court, which incorrectly applied the Sentencing Guidelines |
| 18-5388 | Albert William Roberts, III v. United States | Eighth Circuit | 2018-07-30 | Denied | Response WaivedRelisted (2)IFP | acquittal acquitted-conduct criminal-procedure double-jeopardy-clause due-process relevant-conduct sentencing sixth-amendment united-states-v-watts watts-precedent | Can acquitted conduct continue to be used at sentencing? |
| 18-5121 | Leslie Dominic Musgrove v. United States | Fourth Circuit | 2018-07-05 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | acquitted-conduct drug-quantity due-process jury-verdict nelson-v-colorado preponderance-of-evidence preponderance-of-the-evidence relevant-conduct sentencing sixth-amendment | whether-it-is-a-sixth-amendment-and-due-process-violation-for-a-judge-at-sentencing-to-attribute-acquitted-and-relevant-conduct-by-a-preponderance-of-… |