| 25-6796 |
Carlos Martinez v. California |
California |
2026-02-12 |
Pending |
IFP |
california-law constitutional-rights criminal-law judicial-interpretation resentencing sentencing-discretion |
Whether the California Supreme Court's interpretation of state sentencing law improperly restricts judicial discretion in resentencing proceedings for… |
| 25A390 |
John Elwood Tyrone Martin v. United States |
Fourth Circuit |
2025-10-03 |
Presumed Complete |
|
appellate-review guilty-plea ineffective-counsel mandate-rule resentencing withdrawal |
Whether the mandate rule permits federal appellate courts to review motions to withdraw guilty pleas filed after a case is remanded for resentencing |
| 25-5669 |
Stanislav Steven Yelizarov v. United States |
Fourth Circuit |
2025-09-17 |
Denied |
Response WaivedIFP |
actual-innocence appeal-waiver ineffective-counsel miscarriage-of-justice plea-agreement resentencing |
Whether an appeal waiver in a plea agreement bars an appeal of a resentenced term when the defendant is actually innocent of one of the original charg… |
| 24-7396 |
Arturo Garza, Jr. v. United States |
Fifth Circuit |
2025-06-11 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review circuit-split criminal-procedure mandate-rule resentencing sentencing-guidelines |
Whether the mandate rule precludes or permits a district court from recalculating a defendant's Sentencing Guidelines range at resentencing based on i… |
| 24-6106 |
In Re Freeman William Stanton |
|
2024-12-10 |
Denied |
IFP |
concurrent-sentences guilty-plea ineffective-counsel mental-disability plea-agreement resentencing |
Whether the petitioner is entitled to resentencing based on ineffective counsel, plea agreement terms, and mental disability claims |
| 24-594 |
Arthur Seale v. United States |
Third Circuit |
2024-12-03 |
Denied |
|
appellate-jurisdiction certificate-of-appealability criminal-judgment post-conviction-relief resentencing section-2255 |
Whether 28 U.S.C. § 2253(c) bars courts of appeals from exercising jurisdiction over post-conviction appeals seeking full resentencing |
| 24A479 |
Von Clark Davis v. Charlotte Jenkins, Warden |
Sixth Circuit |
2024-11-13 |
Presumed Complete |
|
constitutional-claims death-penalty habeas-corpus resentencing sixth-circuit supreme-court-precedent |
Whether the Sixth Circuit improperly denied habeas corpus relief by failing to fully address a defendant's constitutional claims and an intervening Su… |
| 24-5468 |
Dennis L. Flint v. Florida |
Florida |
2024-09-05 |
Denied |
IFP |
constitutional-law criminal-procedure double-jeopardy precedent resentencing sentence-enhancement |
Whether a sentence can be enhanced during resentencing without violating double jeopardy principles |
| 24-5048 |
Bernard Celestine v. United States |
Fourth Circuit |
2024-07-10 |
Denied |
Response WaivedIFP |
constitutional-right criminal-procedure criminal-sentencing due-process first-step-act resentencing sentencing statutory-interpretation |
Whether Congress incorporated a Constitutional right under the Due Process Clause to a plenary resentencing for an eligible Defendant under Section 40… |
| 24-5016 |
Michael Medina v. United States |
Fifth Circuit |
2024-07-08 |
GVR |
Relisted (2)IFP |
circuit-split criminal-justice-reform first-step-act mandatory-minimum post-conviction-relief resentencing retroactivity sentencing-reduction sentencing-reform statutory-interpretation |
Whether the First Step Act's sentencing reduction provisions apply to a defendant initially sentenced prior to the FSA's enactment; whose sentence was… |
| 23-7600 |
Keith Anthony Rosario v. Pennsylvania |
Pennsylvania |
2024-05-30 |
Denied |
Response WaivedIFP |
14th-amendment constitutional-rights due-process minimum-sentence north-carolina-v-pearce pearce-presumption presumption-of-vindictiveness resentencing sentencing-vindictiveness |
Whether increases in minimum sentences upon resentencing, when no new objective information since the previous sentencing exists to justify the increa… |
| 23-6994 |
Donald M. Reynolds v. United States |
Eleventh Circuit |
2024-03-14 |
Denied |
Response WaivedIFP |
appellate-review direct-appeal federal-prisoner guidelines-range resentencing retroactive-amendment sentencing sentencing-guidelines sentencing-modification |
Whether a federal prisoner's direct appeal for sentencing issues must be remanded to the district court for resentencing when a retroactive amendment … |
| 23-6960 |
Tasha Mercedez Shelby v. Mississippi |
Mississippi |
2024-03-11 |
Denied |
Amici (1)Response RequestedResponse WaivedRelisted (2)IFP |
14th-amendment cause-of-death death-certificate due-process fourteenth-amendment homicide-conviction medical-examiner recantation resentencing shaken-baby-syndrome |
Does the Due Process Clause require resentencing when the principal evidence supporting a conviction is later recanted? |
| 23-6097 |
Montrez Duncan v. United States |
Sixth Circuit |
2023-11-22 |
Denied |
Response WaivedIFP |
appellate-review constitutional-vindictiveness conviction criminal-sentencing double-jeopardy due-process judicial-discretion resentencing sentencing unconstitutional |
Is a court constitutionally vindictive in violation of due process when, after it vacates the conviction and sentence on a count that was deemed uncon… |
| 23-5758 |
Jimmy Jay Strayhorn, Jr. v. United States |
Fourth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
3553(a)-factors constitutional-review criminal-procedure due-process jury-trial pepper-v-united-states resentencing sentencing sentencing-modification statutory-interpretation unconstitutional |
Whether a defendant is entitled to a resentencing hearing when a count in their indictment is later found unconstitutional |
| 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 |
Whether reasonable jurists could debate whether habeas relief and resentencing is required when a defendant's sentence was premised on prior convictio… |
| 23-5569 |
Francisco Gutierrez v. United States |
Ninth Circuit |
2023-09-14 |
Denied |
Response WaivedIFP |
appeal appellate-procedure criminal-procedure de-novo-resentencing de-novo-review judicial-discretion law-of-case law-of-the-case open-record resentencing sentencing |
Does law of the case apply to an appeal from a de novo resentencing on an open record? |
| 23-5462 |
Victor Manuel Solorzano v. United States |
Fifth Circuit |
2023-08-29 |
Denied |
Response WaivedIFP |
circuit-split first-step-act intervening-law mandate-rule resentencing sentencing sentencing-package |
Does Section 403 of the First Step Act apply to post-Act resentencing hearings? |
| 23-88 |
Jerry L. Brown v. United States |
Seventh Circuit |
2023-07-31 |
Denied |
Response Waived |
circuit-split compassionate-release extraordinary-compelling-reasons first-step-act mandatory-minimum mandatory-minimum-sentence resentencing sentencing-commission sentencing-reduction |
Whether non-retroactive changes in law can be 'extraordinary and compelling reasons' warranting resentencing under 18 U.S.C. § 3582(c)(1)(A) |
| 23-5148 |
Bernard Edmond v. United States |
Sixth Circuit |
2023-07-20 |
Denied |
Response WaivedIFP |
18-usc-3553 circuit-split compassionate-release criminal-sentencing extraordinary-and-compelling-factors first-step-act resentencing retroactive-application sentencing-disparity |
Whether sentencing-disparities-can-serve-as-basis-for-compassionate-release |
| 22-7768 |
Nidal Ayyad v. United States |
Second Circuit |
2023-06-13 |
Denied |
Response WaivedIFP |
criminal-procedure direct-appeal double-jeopardy habeas-corpus resentencing section-2255 sentencing sentencing-review vacatur |
Whether, following the vacatur of a count of conviction (either on direct appeal or via a § 2255 motion), the district court must resentence the defen… |
| 22-7734 |
Christopher Alexander v. United States |
Fifth Circuit |
2023-06-08 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure due-process first-step-act resentencing sentencing sentencing-reduction statutory-interpretation |
Whether a Reduction of Sentence, Pursuant to Section 404 of the 'First Step Act of 2018, requires a Plenary Resentencing to provide procedural and sub… |
| 22-7735 |
Vivian R. Woodstock v. Florida |
Florida |
2023-06-08 |
Denied |
IFP |
constitutional-violation due-process equal-protection resentencing restitution sentencing sentencing-discretion |
Whether a court may impose a harsher sentence upon resentencing after it was determined the initial sentence violated equal-protection |
| 22-7582 |
Rodolfo A. Cuellar, Jr. v. United States |
Fifth Circuit |
2023-05-17 |
Denied |
Response WaivedIFP |
appeal criminal-law drug-convictions federal-prisoner first-step-act resentencing sentence-reduction sentencing sentencing-retroactivity statutory-interpretation statutory-maximum |
Whether the defendant is entitled to a reduced sentence under the First Step Act, and the proper interpretation of the statutory maximum authorized by… |
| 22-7121 |
Christopher Barret v. United States |
Second Circuit |
2023-03-27 |
Denied |
Response WaivedIFP |
28-usc-2255 criminal-procedure de-novo-resentencing de-novo-review direct-appeal resentencing sentencing sentencing-discretion vacatur |
Whether district courts must conduct full de novo resentencing following vacatur of one or more counts |
| 22-6727 |
Kenneth Baldwin v. Ricky D. Dixon, Secretary, Florida Department of Corrections |
Eleventh Circuit |
2023-02-08 |
Denied |
Response WaivedRelisted (2)IFP |
28-usc-2244 constitutional-rights double-jeopardy due-process habeas-corpus judicial-procedure resentencing sentencing state-court statutory-interpretation |
Legality of multiple judgments and double jeopardy |
| 22-5951 |
Cavon C. Clark v. United States |
Ninth Circuit |
2022-10-31 |
Denied |
Response WaivedIFP |
appeal concurrent-sentence consecutive-sentence criminal-appeal due-process recidivism recidivist-enhancement resentencing sentencing vindictiveness |
Whether a more severe sentence of incarceration must be numerically longer than previous sentences, and whether a consecutive sentence is considered m… |
| 22-5782 |
Matthew Tassin v. United States |
Eleventh Circuit |
2022-10-06 |
Denied |
Response WaivedIFP |
28-usc-2255 circuit-court circuit-court-authority criminal-procedure district-court federal-prisoner ineffective-assistance ineffective-counsel resentencing section-2255 sentencing-authority statutory-interpretation |
Whether a Circuit Court can limit the authority of a district court to resentence a federal criminal defendant or correct a criminal sentence 'as may … |
| 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 |
Did the district court violate the petitioner's rights under the Double Jeopardy Clause of the Fifth Amendment? |
| 21-7591 |
Donald Morris Lee v. Washington |
Washington |
2022-04-11 |
Denied |
IFP |
civil-rights constitutional-violation due-process habeas-corpus judicial-remedy judicial-review resentencing sentencing sentencing-error state-action |
Can the court void the illegally obtained 3&S? |
| 21-7471 |
Jacques Hernes Telcy v. United States |
Eleventh Circuit |
2022-03-25 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
district-court-authority first-step-act first-step-act-2018 habeas-corpus new-judgment resentencing sentencing sentencing-modification statutory-interpretation |
Whether a resentencing under the First Step Act of 2018 qualifies as a new judgment for the purpose of Magwood v. Patterson |
| 21-7318 |
Abraham A. Augustin v. United States |
Sixth Circuit |
2022-03-08 |
Denied |
Response WaivedIFP |
due-process federal-court mandatory-sentence resentencing right-to-counsel section-2255 section-3553a sentencing sentencing-guidelines statutory-requirements |
Whether the trial court erred by not complying with 18-U.S.C-3553(a) and conducting a plenary resentencing hearing after vacating a conviction and rem… |
| 21-7152 |
Jeremy Heath Barney v. Pennsylvania |
Pennsylvania |
2022-02-17 |
Denied |
Response WaivedRelisted (2)IFP |
14th-amendment constitutional-rights criminal-conviction criminal-procedure defendant-rights due-process post-conviction-relief resentencing undisturbed-conviction |
Does a defendant have a United States Constitutional 14th Amendment right under due process to attack his undisturbed conviction after being resentenc… |
| 21-6466 |
Ernest Romond Gibbs, Jr. v. United States |
Eleventh Circuit |
2021-12-01 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split criminal-procedure direct-appeal judicial-discretion pepper-v-united-states post-sentencing-rehabilitation resentencing sentencing sentencing-evidence |
Whether a district court violates Pepper v. United States when it refuses to allow a defendant to proffer evidence of post-sentencing rehabilitation a… |
| 21-6376 |
Antonio Soul Gonzalez v. United States |
Eleventh Circuit |
2021-11-23 |
GVR |
Relisted (2)IFP |
circuit-split criminal-resentencing eligibility first-step-act judicial-discretion resentencing sentencing sentencing-guidelines sentencing-reduction statutory-interpretation |
Whether a district court must calculate a defendant's sentencing range under current law when deciding whether to impose a reduced sentence under the … |
| 21-555 |
Benjamin A. Appleby v. Kansas |
Kansas |
2021-10-15 |
Denied |
Response Waived |
alleyne due-process fourteenth-amendment judicial-discretion jury-trial legislative-directive liberty-interest procedural-due-process resentencing sentencing-enhancement sixth-amendment |
Whether the Fourteenth Amendment's guarantee of procedural due process is violated |
| 21-5956 |
Nolan Nathaniel Edwards v. United States |
Eleventh Circuit |
2021-10-13 |
Denied |
Response WaivedIFP |
criminal-procedure due-process first-step-act incarceration notice resentencing sentencing-modification supervised-release |
Whether § 404 of the First Step Act allows a district court to impose a term of supervised release not previously imposed, as it was not a component o… |
| 21-5900 |
Justin Anderson v. Arkansas |
Arkansas |
2021-10-05 |
Denied |
IFP |
8th-amendment capital-case constitutional-rights criminal-sentencing due-process eighth-amendment prior-offense resentencing sentencing victim-impact victim-impact-evidence |
Whether the Eighth Amendment permits a State to present victim-impact evidence arising from a crime other than the murder for which the defendant is b… |
| 21-5879 |
Dheadry Powell v. United States |
Tenth Circuit |
2021-10-04 |
Denied |
Response WaivedRelisted (2)IFP |
criminal-procedure district-court district-court-discretion first-step-act guidelines justification money-laundering resentencing sentencing sentencing-guidelines |
Under the First Step Act, did the district court fail to provide a sufficiently compelling justification that thoroughly explains its above the guidel… |
| 21-5647 |
Adolphus Symonette v. United States |
Eleventh Circuit |
2021-09-13 |
Denied |
Response WaivedIFP |
2255-proceeding certificate-of-appealability constitutional-rights district-court-discretion habeas-corpus post-offense-rehabilitation reasonable-jurists resentencing sentencing |
Whether reasonable jurists would find the district court's decision to vacate Count 3 of the second superseding indictment while simultaneously denyin… |
| 21-5474 |
Antwoyn Terrell Spencer v. United States |
Eighth Circuit |
2021-08-25 |
Denied |
Response WaivedIFP |
5th-amendment civil-rights due-process fifth-amendment first-step-act jurisdiction resentencing standing |
Whether Petitioner is being deprived of his civil-rights, due-process, 5th-amendment, first-step-act |
| 20-8333 |
Carman Deck v. Paul Blair, Warden, et al. |
Eighth Circuit |
2021-06-17 |
Denied |
IFP |
delay eighth-amendment fourteenth-amendment mitigation resentencing sixth-amendment |
Does this Court's Sixth, Eighth and Fourteenth Amendment precedent protect a defendant's right to present mitigation when a delay occasioned by the St… |
| 20-8342 |
John Willie Johnson, aka Dewayne Henderson v. United States |
Fifth Circuit |
2021-06-17 |
Denied |
IFP |
armed-career-criminal-act certificate-of-appealability federal-jurisdiction fifth-circuit-review post-borden post-conviction-relief post-johnson resentencing sentencing-enhancement violent-felony |
Whether the Fifth Circuit erred by denying Mr. Johnson a Certificate of Appealability |
| 20-8347 |
Terron McAllister v. United States |
Fourth Circuit |
2021-06-17 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-resentencing discretion first-step-act guidelines guidelines-range judicial-discretion resentencing sentence-reduction sentencing sentencing-discretion |
Whether a District Court abuses its discretion in denying a sentence reduction under the First Step Act |
| 20-8329 |
Ines Colleen Robinson v. Florida |
Florida |
2021-06-16 |
Denied |
Response WaivedIFP |
court-of-appeal criminal-sentencing disqualification due-process florida-court-of-appeal florida-law judicial-bias resentencing writ-of-prohibition |
ROBINSON WAS DENIED DUE PROCESS WHEN THE FLORIDA COURT OF APPEAL REFUSED TO GRANT HER A RESENTENCING AFTER THE SAME FLORIDA COURT HAD GRANTED A WRIT O… |
| 20-1653 |
Lazelle Maxwell v. United States |
Sixth Circuit |
2021-05-27 |
Denied |
Relisted (2) |
circuit-split criminal-sentencing first-step-act legal-developments procedural-history resentencing sentencing-reduction statutory-interpretation |
Whether a district court must or may consider intervening legal and factual developments when deciding to impose a reduced sentence under the First St… |
| 20-1650 |
Carlos Concepcion v. United States |
First Circuit |
2021-05-26 |
Judgment Issued |
Amici (10) |
circuit-split criminal-procedure criminal-resentencing factual-developments first-step-act legal-developments resentencing sentencing sentencing-reduction statutory-interpretation |
Whether a district court must or may consider intervening legal and factual developments when deciding to impose a reduced sentence under the First St… |
| 20-7890 |
Antwoyn Terrell Spencer and Derrick Jerome Spencer v. United States |
Eighth Circuit |
2021-04-29 |
Denied |
Response WaivedIFP |
civil-procedure constitutional-law constitutional-provisions criminal-law due-process fifth-amendment first-step-act resentencing standing |
Whether Petitioners are being deprived of their right to due-process, due-process, fifth-amendment, first-step-act |
| 20-1464 |
Rahul Ramesh Joshi v. United States |
Fifth Circuit |
2021-04-20 |
Denied |
Response Waived |
constitutional-law criminal-procedure due-process government-breach government-misconduct judicial-review plea-agreement resentencing sentencing |
Whether the government's breach of the plea agreement constituted a due-process-violation, which required remand-for-de-novo-resentencing |
| 20-7767 |
Zonta Tavarus Ellison v. United States |
Fourth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
actual-innocence civil-rights due-process enactment-of-2255 fair-trial resentencing |
what-constitutes-a-fundamentally-just-resentencing-under-28-usc-2255 |
| 20-7474 |
Ezralee J. Kelley v. United States |
Ninth Circuit |
2021-03-17 |
Denied |
Amici (3)Response RequestedResponse WaivedRelisted (2)IFP |
as four circuits hold as three circuits hold or whether a resentencing court must correct a Gu career-offender circuit-split fair-sentencing-act first-step-act judicial-interpretation resentencing sentencing-guidelines |
Whether a district court imposing a reduced sentence under Section 404(b) of the First Step Act is prohibited from correcting an erroneous Sentencing … |
| 20-6969 |
Barto Edward Usry, Jr. v. United States |
Fifth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
acca armed-career-criminal-act armed-robbery business-burglary johnson-ruling mississippi-state-convictions resentencing robbery section-2255 sentencing violent-felony |
Whether Mr. Usry is entitled to resentencing without applying the ACCA |
| 20-6953 |
Dwyne Byron Deruise, aka Duke v. United States |
Eleventh Circuit |
2021-01-26 |
Denied |
IFP |
career-offender circuit-split criminal-justice-reform discretion discretionary-review first-step-act resentencing sentencing-guidelines |
Whether a district court that chooses to conduct a resentencing under § 404 of the First Step Act is prohibited from considering a defendant's current… |
| 20-6832 |
Shannon Keith Harris v. United States |
Fifth Circuit |
2021-01-11 |
Denied |
IFP |
cocaine-sentencing criminal-sentencing drug-trafficking fair-sentencing-act first-step-act mandatory-minimum mandatory-minimums resentencing retroactivity sentencing-guidelines |
Whether district courts are required to apply the current, legally correct Sentencing Guideline range or the old Sentencing Guideline range that appli… |
| 20-6759 |
Bernard Weiters, Jr. v. United States |
Fourth Circuit |
2021-01-04 |
Denied |
Response WaivedIFP |
3582(c)(2) criminal-procedure criminal-sentencing first-step-act resentencing section-404(b) sentencing-guidelines statutory-interpretation statutory-mandatory-minimum statutory-maximum |
Whether the court committed error by declining to resentence the petitioner under Section 3582(c)(2) when the court earlier reduced the petitioner's '… |
| 20-6417 |
Edwin Omar Almonte-Nunez v. United States |
First Circuit |
2020-11-24 |
Denied |
Response WaivedIFP |
18-usc-2112 abuse-of-discretion counsel-substitution crime-of-violence double-jeopardy due-process party-presentation resentencing sentencing-review |
Did the district court adequately vet Mr. Almonte-Nufiez's dissatisfaction with his counsel? |
| 20-535 |
Drew Samuel Bates v. United States |
Tenth Circuit |
2020-10-22 |
Denied |
|
circuit-split criminal-procedure first-step-act judicial-discretion resentencing sentencing-guidelines statutory-interpretation |
Whether a district court that chooses to conduct a resentencing under § 404 of the First Step Act is prohibited from considering a defendant's current… |
| 20-490 |
Damien Freeman v. Lyneal Wainwright, Warden |
Sixth Circuit |
2020-10-15 |
Denied |
|
aedpa circuit-split federal-habeas final-judgment habeas-corpus habeas-petition resentencing state-court-judgment statute-of-limitations |
Whether the statute of limitations for filing a habeas petition begins when the new judgment entered following resentencing becomes final |
| 20-5976 |
Dean Reynolds v. United States |
Sixth Circuit |
2020-10-09 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-sentencing obstruction-of-justice procedural-unreasonableness profit-calculation remand resentencing sentencing-disparities sentencing-guidelines sentencing-procedure |
Is defendant's sentence procedurally unreasonable due to errors in sentencing guidelines calculation and enhancement? |
| 20-5945 |
Shelby Clarmont v. Willis Chapman, Warden |
Sixth Circuit |
2020-10-07 |
Denied |
Response WaivedIFP |
advisory-guidelines constitutional-violation criminal-procedure due-process people-v-lockridge people-v-milbourn proportionality resentencing sentencing-guidelines |
Is the imposing of a sentence which was based on incorrectly scored sentencing guidelines and was a departure from applicable advisory guidelines wher… |
| 20-5564 |
Antonio U. Akel v. United States |
Eleventh Circuit |
2020-09-02 |
Denied |
Response WaivedIFP |
brown-opinion Brown-v-Board due-process Eleventh-Circuit fair-trial recusal recusal-statute resentencing sentencing |
Whether the Eleventh Circuit's decision affirming the district court's refusal to conduct a full resentencing with the defendant present renders the p… |
| 20-5411 |
Kwame Anderson v. United States |
Second Circuit |
2020-08-19 |
Denied |
Response WaivedIFP |
constitutional-rights effective-assistance-of-counsel federal-law presentence-report resentencing sentencing-procedure sentencing-proceeding |
Whether the Court must settle an important question of federal law that has not been, but should be, regarding Petitioner's resentence that was impose… |
| 20-5355 |
Eddie David Cox v. United States |
Eighth Circuit |
2020-08-14 |
Denied |
Response RequestedResponse WaivedRelisted (3)IFP |
appeal circuit-split constitutional-law criminal-procedure double-jeopardy due-process resentencing sentencing |
Whether the Double Jeopardy Clause bars resentencing on counts for sentences a defendant has already served? |
| 20-5264 |
Lakento Brian Smith v. United States |
Sixth Circuit |
2020-08-05 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
crack-cocaine criminal-sentencing first-step-act guideline-range mandatory-minimum post-sentencing-conduct resentencing sentence-reduction sixth-amendment statutory-interpretation |
Should the district court have held a hearing to consider petitioner's post-sentencing conduct and any other arguments before ruling on the motion? |
| 20-5176 |
Nicholas Harris v. California |
California |
2020-07-24 |
Denied |
Response WaivedIFP |
due-process ex-post-facto fourteenth-amendment penal-consequences resentencing serious-felony three-strikes-law witness-dissuasion |
Does California's Three Strikes Reform Act of 2012 violate the Ex Post Facto Clause and/or the Due Process Clause? |
| 19-8890 |
Richard Antonio Hodge, Jr. v. United States |
Third Circuit |
2020-07-02 |
Denied |
Response WaivedIFP |
criminal-law criminal-sentencing first-step-act resentencing retroactivity rule-of-lenity sentence-enhancement sentencing-provisions statutory-interpretation |
Whether the ameliorative sentencing provisions of the First Step Act apply to defendants who were initially sentenced pre-First Step Act, but whose se… |
| 19-8646 |
Leonard Griffin v. United States |
Fifth Circuit |
2020-06-09 |
Denied |
Response WaivedIFP |
aggravated-assault armed-career-criminal-act criminal-procedure due-process johnson-precedent johnson-v-united-states resentencing section-2255 sentencing statutory-interpretation violent-felony |
Whether Mr. Griffin should be resentenced without applying the armed career criminal provisions of the Armed Career Criminal Act |
| 19-8540 |
Antwoyn Spencer and Derrick Jerome Spencer v. United States |
Eighth Circuit |
2020-05-26 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights criminal-procedure criminal-sentencing due-process fifth-amendment first-step-act resentencing statutory-interpretation |
Whether Petitioners are being deprived of their right to due process of law |
| 19-1303 |
Earnest Cassell Woods, II v. California |
California |
2020-05-20 |
Denied |
|
criminal-law criminal-procedure due-process mens-rea murder-conviction natural-probable-consequences resentencing retroactive retroactivity self-defense senate-bill-1437 sentencing statutory-interpretation |
Does Senate Bill 1437 added Section 1170.95 permit persons convicted of murder under the natural and probable consequences theory to petition for vaca… |
| 19-7683 |
Marlon Blacher v. California |
California |
2020-02-18 |
Denied |
IFP |
access-to-courts appeal arbitrarily-denied civil-rights due-process federal-remedy habeas-corpus judicial-discretion resentencing standing state-court-proceedings statutory-interpretation |
Whether the arbitrary denial of an evidentiary hearing on a petition for writ of habeas corpus deprives the petitioner of due process |
| 19-7677 |
Sandchase Cody v. United States |
Eleventh Circuit |
2020-02-14 |
Denied |
Response WaivedIFP |
28-U.S.C.-2255 28-usc-2255 acca district-court due-process resentencing resentencing-hearing sentencing sentencing-enhancement |
Whether Mr. Cody was denied due process when after the removal of his unlawful ACCA sentencing enhancement, following a 28 U.S.C. § 2255 motion, the d… |
| 19-7564 |
In Re Michael Dewayne Seibert |
|
2020-02-06 |
Denied |
IFP |
criminal-procedure death-penalty-case due-process fraud-on-court fraud-on-the-court habeas-corpus ineffective-assistance-counsel ineffective-assistance-of-counsel jurisdiction jurisdiction-challenge pro-se-representation resentencing resentencing-hearing void-judgment |
Can a defendant raise a claim of fraud on the court pro se when their counsel refuses to do so? |
| 19-7418 |
Jody Gifford v. Florida |
Florida |
2020-01-27 |
Denied |
IFP |
constitutional-rights criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-offenders juvenile-sentencing life-sentence parole proportionality resentencing |
Whether the courts below decided an important federal question in a way that conflicts with the relevant decisions of this Honorable Court when they d… |
| 19-7243 |
Joshua Wolf v. Cindy Griffith, Warden |
Eighth Circuit |
2020-01-10 |
Denied |
Response WaivedIFP |
certificate-of-appealability constitutional-rights criminal-procedure eighth-amendment equal-protection fourteenth-amendment juvenile-offenders mandatory-life-without-parole mandatory-sentencing resentencing sentencing-procedures sixth-amendment |
Whether Missouri's decision to order resentencing for juvenile homicide offenders with mandatory 50-year sentences but not for Joshua, a juvenile homi… |
| 19-7132 |
Ric Thomason, Jr. v. United States |
Eleventh Circuit |
2019-12-31 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure defendant-presence defendant-rights district-court-discretion due-process judicial-procedure modified-sentence resentencing sentencing |
Whether the district court abused its discretion in failing to hold a resentencing hearing, with the defendant present, prior to imposing a modified s… |
| 19-6858 |
David Lamont Liddell v. United States |
Fifth Circuit |
2019-12-04 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
aggravated-assault armed-career-criminal-act armed-robbery constitutional-law criminal-procedure johnson-precedent johnson-v-united-states mississippi-state-law prior-conviction resentencing section-2255 sentencing statutory-interpretation violent-felony |
Whether Mr. Liddell should be resentenced without applying the armed career criminal provisions of the Armed Career Criminal Act |
| 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 |
| 19-6102 |
Roosevelt Brian Moore v. Debbie Asuncion, Warden |
Ninth Circuit |
2019-10-01 |
Denied |
Response WaivedIFP |
civil-rights constitutional-challenge court-review due-process graham-v-florida habeas-corpus juvenile-offenders legal-standards prisoner-rights resentencing sentencing sentencing-procedure standing state-court-decision |
Whether the U.S. Court of Appeals for the Ninth Circuit should grant petitioner's certificate of appealability pursuant to Miller v. Cockrell, 537 U.S… |
| 19-5629 |
Al-Malik Fruitkwan Shabazz v. United States |
Second Circuit |
2019-08-20 |
Denied |
Response WaivedIFP |
armed-career-criminal-act armed-career-criminal-act-1984 categorical-approach connecticut-general-statutes-53a-133 connecticut-robbery florida-robbery force-clause resentencing sentencing statutory-interpretation stokeling-v-united-states stokeling-vs-united-states supervised-release violent-felony |
Whether robbery under Connecticut General Statutes § 53a-133 categorically qualifies as a 'violent felony' under the force clause of the Armed Career … |
| 19-5128 |
Robert Vincent Salcedo v. United States |
Ninth Circuit |
2019-07-10 |
Denied |
Response WaivedIFP |
circuit-split direct-appeal discretionary-sentencing discretionary-sentencing-authority non-retroactive-amendment nonretroactive-amendment remand-for-resentencing resentencing retroactivity sentencing-guidelines |
When a non-retroactive amendment to the United States Sentencing Guidelines takes effect after a defendant is sentenced but while his direct appeal is… |
| 19-38 |
Malcolm McGee v. United States |
Tenth Circuit |
2019-07-03 |
Denied |
Response Waived |
california-law federal-sentence-enhancement felony-drug-offense recidivist-sentence-enhancement recidivist-sentencing resentencing retroactive-reduction sentence-enhancement state-post-conviction state-post-conviction-remedy state-prison-sentence successful-attack |
When does a state post-conviction remedy qualify as a 'successful attack' on a state prison sentence, such that a subsequent federal sentence enhancem… |
| 19-5027 |
Eddie David Cox v. United States |
Eighth Circuit |
2019-07-01 |
GVR |
IFP |
criminal-procedure criminal-procedure-rehaif-v-united-states,sentenci double-jeopardy eighth-circuit guidelines-calculation procedural-error rehaif-standard rehaif-v-united-states resentencing section-2241 sentencing sentencing-review |
Should the Court GVR the judgment of the Eighth Circuit so the appeals court may consider, whether Cox is entitled to relief from his conviction in li… |
| 18-9782 |
Carlous Lindell Daily v. United States |
Eighth Circuit |
2019-06-25 |
Denied |
Response WaivedIFP |
18-USC-924(c)(3)(B) 18-usc-924c constitutional-rights crime-of-violence ineffective-assistance ineffective-assistance-of-counsel Johnson johnson-precedent johnson-v-united-states resentencing sentencing sentencing-error statutory-interpretation statutory-maximum USSG-4B1.2 |
Whether the lower court(s) erred in concluding that petitioner did not suffer ineffective assistance of counsel |
| 18-9740 |
Myron Gregory Jessie v. Michigan |
Michigan |
2019-06-21 |
Denied |
IFP |
appeal appellate-review civil-rights constitutional-rights conviction criminal-procedure due-process evidence evidence-admission judicial-error life-imprisonment prior-misconduct resentencing sentencing |
Was the evidence insufficient to convict defendant of first-degree murder and also to support the sentence of life imprisonment, and did the resentenc… |
| 18-1550 |
Gilberto Ramos v. United States |
Fourth Circuit |
2019-06-19 |
Denied |
Response Waived |
due-process federal-sentence-enhancement federal-sentencing habeas judicial-review legal-remedy post-conviction-remedy prior-state-sentence proposition-64 resentencing retroactive-relief sentence-enhancement state-conviction state-post-conviction-remedy state-sentence successful-attack |
When does a state post-conviction remedy qualify as a 'successful attack' on a prior state sentence, such that a subsequent federal sentence enhanceme… |
| 18-9536 |
Shawn J. Gieswein v. United States |
Tenth Circuit |
2019-06-04 |
Denied |
Response WaivedIFP |
certificate-of-appealability crime-of-violence criminal-procedure ineffective-assistance ineffective-assistance-of-counsel resentencing second-amendment sentencing-guidelines upward-variance witness-tampering |
Whether the United States Court of Appeals for the Tenth Circuit erroneously denied Certificate of Appealability |
| 18-9431 |
William Maurice Smith v. United States |
Ninth Circuit |
2019-05-28 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
criminal-justice-reform criminal-procedure criminal-procedure-retroactivity,sentencing-reform drug-distribution due-process first-step-act griffith-v-kentucky ninth-circuit ninth-circuit-review resentencing retroactive-application retroactivity sentencing sentencing-reform statutory-interpretation |
Does Griffith v. Kentucky, 479 U.S. 314, (1987) apply to First Step Act of 2018? |
| 18-9199 |
Peter Alfred Perez v. Michigan |
Michigan |
2019-05-09 |
Denied |
IFP |
brady-violation constitutional-rights criminal-procedure crosby-hearing due-process impartial-jury ineffective-assistance ineffective-counsel jury-impartiality mistrial resentencing |
Did the trial court abuse its discretion in denying relief from judgment based on a violation of the right to an impartial jury and ineffective assist… |
| 18-8599 |
Antwon D. Jenkins v. United States |
Seventh Circuit |
2019-03-28 |
Denied |
Response WaivedIFP |
bail bail-reform-act due-process habeas-corpus liberty-interest post-verdict-bail resentencing sentencing stare-decisis statutory-right statutory-rights |
Does a petitioner have a statutory due process right to post-verdict bail and to be treated as a defendant being sentenced for the first time when his… |
| 18-8239 |
Negus Thomas v. United States |
Second Circuit |
2019-03-04 |
Denied |
Response WaivedIFP |
appellate-review court-of-appeals criminal-procedure crosby-remand district-court intervening-change-in-law jacobson-remand law-of-the-case law-of-the-case-doctrine manifest-injustice new-evidence reasonableness reasonableness-review resentencing sentencing |
Whether the district court erred in declining to resentence the defendant-Petitioner on remand |
| 18-8148 |
Johnathan Hawthorne v. United States |
Eleventh Circuit |
2019-02-27 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appeal armed-career-criminal-act constitutional-interpretation due-process first-step-act new-law pipeline resentencing retroactive-application retroactivity sentencing sentencing-enhancement |
Whether the 'New Law' of the First Step Act made this an appeal 'Pipeline' case with First Step Act legal protections |
| 18-1109 |
James Erin McKinney v. Arizona |
Arizona |
2019-02-26 |
Judgment Issued |
Amici (14)Relisted (2) |
aggravating-evidence arizona-supreme-court criminal-procedure death-penalty eddings-precedent eddings-v-oklahoma mitigating-evidence resentencing sentencing sentencing-review |
Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death sen… |
| 18-8010 |
Alimamy Barrie v. United States |
Fourth Circuit |
2019-02-19 |
Denied |
Response WaivedIFP |
amendment-retroactivity criminal-sentencing direct-appeal resentencing sentence-reduction sentencing-commission sentencing-guidelines statutory-interpretation |
Whether the petitioner is eligible for resentencing under 18 U.S.C. §3582(c)(2) when amendments relevant to the case were enacted by the Sentencing Co… |
| 18-8016 |
James Goff v. Ohio |
Ohio |
2019-02-19 |
Denied |
IFP |
capital-punishment death-penalty hurst-v-florida judicial-fact-finding jury-trial mitigation-evidence resentencing sentencing sixth-amendment |
Is a trial judge's independent weighing of new mitigation evidence and imposition of the death penalty at a resentencing hearing unconstitutional unde… |
| 18-7558 |
Brandon Lamar Hawkins v. Florida |
Florida |
2019-01-24 |
Denied |
Response WaivedRelisted (2)IFP |
competency-hearing criminal-procedure criminal-procedure-competency criminal-sentencing due-process ineffective-assistance judicial-procedure mental-competency mental-health resentencing sentencing trial-court trial-court-discretion |
Whether petitioner is entitled to discharge, new trial, and/or resentencing based on the trial court failing to conduct a competency hearing |
| 18-7478 |
Lloyd Michael Blair v. Michigan |
Michigan |
2019-01-17 |
Denied |
IFP |
constitutional-error criminal-procedure due-process habeas-corpus jurisdiction jurisdictional-defect jury-trial post-conviction-relief relief resentencing sentencing sentencing-procedure sixth-amendment |
Are the sentencing proceedings that were found to be unconstitutional made to be invalid? |
| 18-7249 |
John Doe v. United States |
Ninth Circuit |
2019-01-07 |
Denied |
Response WaivedRelisted (2)IFP |
18-usc-3582 circuit-court-review criminal-procedure criminal-sentencing dillon-v-united-states federal-criminal-procedure federal-sentencing-guidelines judicial-discretion resentencing sentencing sentencing-modification statutory-interpretation |
Whether the holding in Dillon v. United States, 560 U.S. 817 (2010) applies to 18 U.S.C. § 3582(c)(1)(B) in the same manner it applies to 18 U.S.C. § … |
| 18-6956 |
Jason Dirk Walton v. Florida, et al. |
Florida |
2018-12-07 |
Denied |
IFP |
capital-murder criminal-law due-process eighth-amendment first-degree-murder jury-unanimity resentencing retrospective-application retrospective-law sentencing-elements substantive-criminal-law |
When changes in a state's substantive criminal law apply retrospectively to cases involving homicides committed in 1981 and 1982, but not to cases inv… |
| 18-6469 |
Tyrone D. Morant v. Jason Lewis, Superintendent, Southeast Correctional Center |
Missouri |
2018-10-30 |
Denied |
IFP |
eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole parole-hearing resentencing resentencing-proceeding |
Whether the Eighth Amendment requires juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing pro… |
| 18-6377 |
Rashad Woodside v. United States |
Sixth Circuit |
2018-10-19 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
constitutional-rights counsel-presence criminal-procedure defendant-rights due-process limited-remand open-court resentencing right-to-be-present right-to-counsel sentencing |
Whether a defendant has the right to be present with counsel at a resentencing hearing |
| 18-6226 |
Roderick K. Forest v. Jason Lewis, Superintendent, Southeast Correctional Center |
Missouri |
2018-10-04 |
Denied |
Response WaivedIFP |
eighth-amendment habeas-corpus juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole-hearing resentencing |
Does the Eighth Amendment require juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing proceed… |
| 18-6178 |
Joseph A. Clark v. Eileen Ramey, Superintendent, Jefferson City Correctional Center |
Missouri |
2018-10-02 |
Denied |
Response WaivedIFP |
eighth-amendment habeas-corpus juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole-hearing resentencing |
Whether the Eighth Amendment requires juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing pro… |
| 18-6149 |
Christopher Polk v. Jason Lewis, Superintendent, Southeast Correctional Center |
Missouri |
2018-10-01 |
Denied |
Response WaivedIFP |
eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole parole-hearing resentencing resentencing-proceeding |
Whether the Eighth Amendment requires juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing pro… |
| 18-6113 |
Frank J. Ballesteros v. United States |
Eleventh Circuit |
2018-09-27 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-procedure fairness fairness-doctrine integrity judicial-proceedings judicial-review post-conviction-relief pro-se-applicant public-reputation resentencing sentencing sentencing-guidelines |
Should this Court grant review of the court of appeals' decision based on this Court's subsequent decision in Rosales-Mireles v. United States that re… |
| 18-6088 |
Joseph Burris v. Eileen Ramey, Superintendent, Jefferson City Correctional Center |
Missouri |
2018-09-26 |
Denied |
Response WaivedIFP |
eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole miller-montgomery miller-v-alabama montgomery-v-louisiana parole parole-hearing resentencing resentencing-proceeding |
Whether the Eighth Amendment requires juvenile defendants who received mandatory life without parole sentences to receive adversarial resentencing pro… |
| 18-5986 |
Damon L. Caldwell v. Stanley Payne, Superintendent, Eastern Reception, Diagnostic and Correctional Center |
Missouri |
2018-09-14 |
Denied |
Response WaivedIFP |
eighth-amendment juvenile-offenders juvenile-sentencing life-without-parole meaningful-opportunity miller-montgomery miller-v-alabama montgomery-v-louisiana parole parole-hearing realistic-opportunity resentencing resentencing-proceeding |
Whether Missouri's parole laws and procedures violate the Eighth Amendment by failing to provide juvenile offenders a meaningful and realistic opportu… |
| 18-5968 |
In Re Jose Prisciliano Gracia-Cantu |
|
2018-09-13 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-sentencing federal-appeals-court federal-courts federal-prisoner judicial-discretion mandamus mandate mandate-stay resentencing sentencing-guidelines unreasonable-sentence vacated-sentence writ-of-mandamus |
Whether a federal court of appeals can stay its mandate for more than five months, thereby keeping a federal prisoner in jail under an unreasonable se… |
| 18-5614 |
Alexander Jesus Santiago v. United States |
Fourth Circuit |
2018-08-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-admission probable-cause probation prosecutorial-burden resentencing sentencing supervised-release supervised-release-revocation |
Did the district court improperly revoke Mr. Santiago's supervised release and resentence him despite a lack of evidence that he violated supervised r… |
| 18-5484 |
William N. Washington v. California |
California |
2018-08-08 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-sentencing custody-credits due-process equal-protection habeas-corpus original-sentence penal-code penal-code-1170.18 proposition-47 resentencing safe-neighborhoods-act sentencing sentencing-discretion |
Whether the trial court erred in failing to recalculate all days of custody from the date of original judgment, and only awarded custody credits from … |
| 18-5496 |
Alfredo Perez, Jr. v. California |
California |
2018-08-07 |
Denied |
Response WaivedIFP |
apprendi-doctrine apprendi-v-new-jersey constitutional-interpretation criminal-sentencing due-process judicial-fact-finding judicial-findings jury-trial resentencing sentencing sixth-amendment three-strikes-law |
Does the federal constitution, as construed in Apprendi v. New Jersey, permit a court to find a defendant ineligible for resentencing based on judicia… |
| 18-5434 |
Troy Victorino v. Florida |
Florida |
2018-08-02 |
Denied |
IFP |
14th-amendment 5th-amendment capital-punishment criminal-punishment death-penalty double-jeopardy due-process ex-post-facto fifth-amendment florida-supreme-court fourteenth-amendment jury-sentencing resentencing statutory-interpretation |
Does the automatic-resentencing-to-life provision of Florida Statutes Section 775.082(2) violate due-process, double-jeopardy, ex-post-facto |
| 18-5222 |
Corvain T. Cooper, aka CV v. United States |
Fourth Circuit |
2018-07-12 |
Denied |
IFP |
collateral-review criminal-procedure due-process federal-sentencing federal-statute habeas-corpus invalidated-convictions life-without-parole resentencing sentencing state-convictions |
Whether a petitioner who was sentenced to life without the possibility of parole, which was enhanced by two later invalidated state convictions, may a… |
| 18-5168 |
Jose Palacios, Jr. v. United States |
Fifth Circuit |
2018-07-09 |
Denied |
IFP |
appeal appellate-review circuit-split criminal-procedure criminal-sentencing de-novo-resentencing due-process remand remand-rule resentencing sentencing sentencing-guidelines |
Should this Court resolve the conflict among the circuits concerning whether the remand rule should be interpreted restrictively, as held by three cir… |