resentencing
115 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-7151 | Abid Naseer v. United States | Second Circuit | 2026-04-07 | Pending | Response WaivedIFP | appellate-review due-process habeas-corpus resentencing section-2255 sentencing | After succeeding in vacating a 40 year sentence on §2255, Naseer had the remainder of his terms restructured to increase his term of incarceration. Th… |
| 25-7155 | Lonnie Eugene Lillard v. United States | Ninth Circuit | 2026-04-07 | Pending | IFP | appellate-jurisdiction ineffective-assistance-of-counsel procedural-error resentencing sentence-package-doctrine supervised-release-violations | Did the ninth circuit ruled erroneously when it failed to find that District Gourt had the authority and jurisdiction at the resenting hearing to exer… |
| 25-6796 | Carlos Martinez v. California | California | 2026-02-12 | Denied | Response WaivedIFP | california-law constitutional-rights criminal-law judicial-interpretation resentencing sentencing-discretion | Whether or not vwsf te * j w heVh tr net f Ae s'^.rioi/s h>w <JC A v ^5 'A. jjirvK^, f cdM^cdVon fh<ff Q&pofe$ F&l'* bi&Trt&r i~o a. ter-rn <?r b bt … |
| 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 | Question not identified. | |
| 25-5669 | Stanislav Steven Yelizarov v. United States | Fourth Circuit | 2025-09-17 | Denied | Response WaivedIFP | actual-innocence appeal-waiver ineffective-counsel miscarriage-of-justice plea-agreement resentencing | When a criminal defendant is resentenced after a conviction is vacated because he is actually innocent of the charge, does an appeal waiver in the ple… |
| 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 a district court from recalculating a defendant's Sentencing Guidelines range at resentencing based on convictions … |
| 24-6106 | In Re Freeman William Stanton | 2024-12-10 | Denied | IFP | concurrent-sentences guilty-plea ineffective-counsel mental-disability plea-agreement resentencing | 1. WHETHER OR NOT THE PETITIONER IS ENTITLED TO BE RESENTENCED IN ACCORDANCE WITH THE TERMS OF THE PLEA AGREEMENT THAT IN VOLVES A "QUID PRO QUO" AND … | |
| 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 | Can 28 U.S.C. § 2253(c) bar courts of appeals from exercising jurisdiction over cases like Dr. Seale's? | |
| 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 | Question not identified. | |
| 24-5468 | Dennis L. Flint v. Florida | Florida | 2024-09-05 | Denied | IFP | constitutional-law criminal-procedure double-jeopardy precedent resentencing sentence-enhancement | Can petitioner cl 3errfence cx\[ curbed during r£S£n4-epcin^ \mf-Photdr running afoui c*P double jeopardy principles and curren+ precedent Conrtroltin… |
| 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 | The First Step Act (FSA) significantly reduced the mandatory minimum sentences for several federal drug and firearm offenses. First Step Act of 2018, … |
| 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 | While a federal prisoner's direct appeal is pending for sentencing issues, and retroactive Amendment 821 is enacted which now lowers the appellant's g… |
| 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 | May a State, consistent with the Due Process Clause of the Fourteenth Amendment, refuse to resentence petitioner, who was sentenced to life in prison … |
| 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 mandatory-consecutive sentence on a count… |
| 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 OR NOT/WHEN ONE HAS EXCERSIZED HIS RIGHT TO TRIAL AND RF. FOUND GUILTY OF A COUNT IN HIS INDICTMENT THAT WOULD LATER RF. FOUND UNCONSTITUTIONA… |
| 23-312 | Lee E. Stephens, Jr. v. Carolyn J. Scruggs, Secretary, Maryland Department of Public Safety and Correctional Services, et al. | Fourth Circuit | 2023-09-26 | Denied | Response Waived | constitutional-challenge due-process habeas-relief impeachment ineffective-assistance-of-counsel ineffective-counsel prior-convictions resentencing right-to-testify sentencing unconstitutional-convictions | 1. Whether reasonable jurists could debate whether habeas relief and re sentencing is required when a defendant's sentence was premised on prior convi… |
| 23-5569 | 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 | 1. Does Section 403 of the First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 apply to a defendant at a post-Act resentencing hearing following vacat… |
| 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 THIS COURT SHOULD GRANT THIS APPLICATION FOR WRIT OF CERTIORARI AND RESOLVE A SPLIT BETWEEN THE FEDERAL CIRCUIT COURTS AND APPLY RETROACTIVELY… |
| 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 | Reduction of Sentence, Pursuant to Section 404 of the First Step Act of 2018, requires a Plenary Resentencing to provide procedural and substantial Du… |
| 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 and due process… |
| 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 | MoTioN For Reduction Pursuan To 404 Senience of OF thE First ACT And Pre-Booker Issues. Stop Drug CORRECDION OF IDCORLOCT CAlCUlATION f CORRECTiON ofa… |
| 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 | 1. Whether, following the vacatur of one or more counts, either pursuant to a direct appeal or a 28 U.S.C. § 2255 motion, a district court must conduc… |
| 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 | The first question presented is one who 's being illegally detained pursuant to October 15, 2012 resentencing which authorize custody on new judgment … |
| 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 | 1. Must a "more severe" sentence of incarceration be numerically longer than the sentences of incarceration previously imposed; and if not 2. Ata thi… |
| 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 | 1. Since the petitioner has been continuously in custody since October 4, 2007, he completely served the sentences of imprisonment imposed by the dist… |
| 21-7591 | 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 J&S? Can the court reverse and dismiss the conviction? Can the court order Lee released? Can the court di… |
| 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 | In the course of a "New Judgment " under the First Step Act of 2018 (FSA2018) new imposed sentence, what truly excess the reset clock for habeas corpu… |
| 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 | SENTENCING IN FEDERAL COURT IS GUIDED BY STATUTE AND CONSTITUTIONAL CONSIDERATIONS. STATUTORY REQUIREMENTS INCLUDE CONSIDERATION OF THE FACTORS IN 18 … |
| 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 | I. DOES A DEFENDANT HAVE A UNITED STATES CONSTITUTIONAL 14TH AMENDMENT RIGHT UNDER DUE PROCESS - TO ATTACK HIS UNDISTURBED CONVICTION AFTER BEING RESE… |
| 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 | In Pepper v. United States, 562 U.S. 476 (2011), this Court held that a district court, in resentencing a defendant, may consider evidence of post-sen… |
| 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 | The question presented here is analogous to the question presented in Concepcion v. United States, No. 20-1650, on which this Court recently granted c… |
| 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 | 1. Whether the Fourteenth Amendment's guarantee of procedural due process is violated when a State supreme court refuses to enforce its legislature's … |
| 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 | I. 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 componen… |
| 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 | 1. Whether the Eighth Amendment permits a State to present victim-impact evidence arising from a crime other than the murder for which the defendant i… |
| 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 | I. UNDER THE FIRST STEP ACT, DID THE DISTRICT COURT FAIL TO PROVIDE A SUFFICIENTLY COMPELLING JUSTIFICATION THAT THOROUGHLY EXPLAINS IT'S ABOVE THE GU… |
| 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 | 1. Whether Petitioner is being deprived of his civil right to due process of law against law (without due process of law) in violation of the Fifth Am… |
| 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 | This Court is familiar with Mr. Deck, having reversed his second death sentences due to state action that occurred over Mr. Deck's objection. Three ye… |
| 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 | The overall issue is whether the Fifth Circuit erred by denying Mr. Johnson a Certificate of Appealability. The underlying issue is whether Mr. Johnso… |
| 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 adjudicating a motion for a reduced sentence under the First Step Act abuses its discretion when a defendant would have a sig… |
| 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 | WAS ROBINSON 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, when deciding if it should "impose a reduced sentence" on an individual under Section 404(b) of the First Step Act of 2018, 21 U.S.C. § 841 n… |
| 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, when deciding if it should "impose a reduced sentence" on an individual under Section 404(b) of the First Step Act of 2018, 21 U.S.C. § 841 n… |
| 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 of law against law (without due process of law) in violation of the Fifth Amendme… |
| 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 A 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 | ThIS CASE pRESENMPRtANt NATONWI SUESCONCERNiNg WhAtCONSESA UNDER 28 U.S. C.$2AS5. THEQUESTION, Of WhAT CONSTiTUTES "FUNCAMENTAL FAiRNESS" hAS GONE UN… |
| 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 | Section 404(b) of the First Step Act of 2018 permits district courts to "impose a reduced sentence" on defendants who committed offenses for which the… |
| 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 because post-Johnson (2015), he no longer has three prior qualifying "violent f… |
| 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 | When deciding whether to impose a reduced sentence under Section 404 of the First Step Act, are district courts required to apply the current, legally… |
| 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 of the First Step Act, when the Court earlier reduced t… |
| 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-Nuñez's dissatisfaction with his counsel? Was the denial of his request for substitution an abuse of… |
| 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 | A state prisoner has one year from the time that "the judgment" becomes final to file a habeas petition. 28 U.S.C. § 2244(d)(1)(A). Applying this stat… | |
| 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 BECAUSE THE DISTRICTCOURT INCORRECTLY SCORED THESENTENCING GUIDELINES, ERRONEOUSLYCALCULATING THE PR… |
| 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 | 1. Whether the Court must settle an important question of federal law that has not been, but should be, regarding Petitioner's resentence that was imp… |
| 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 | The First Step Act changed the penalty for petitioner's crack cocaine crimes from life in prison to 10 years to life and changed petitioner's guidelin… |
| 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 ("the Reform Act"), as interpreted by California's Supreme Court, violate the Ex Post Facto 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, under the law established by this Court in Johnson v. United States, 135 S.Ct. 2551 (2015), Mr. Griffin should be resentenced without applyin… |
| 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 against law (without due process of law) in violation of the Fifth Amendme… |
| 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 | 1. DOES SENATE BILL 1437 ADDED SECTION 1170.95, WHICH PERMITS PERSONS CONVICTED OF MURDER UNDER THE NATURAL AND PROBABLE CONSEQUENCES THEORY TO PETITI… | |
| 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 | carse /evidantiary haaring af a fetition fon a writ of habaas corpus wherein the prasanted faets include : Marlon Blacher, hereinafter "Patitioner ", … |
| 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 | When a defendant is represented by counsel, who refuses to raise a substantial meritorious claim of fraud on the court, and therefore defendant's conv… | |
| 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 | Joshua Wolf has been serving an unconstitutional sentence since he was sentenced to mandatory life without parole for a homicide offense committed whe… |
| 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, under the law established by this Court in Johnson v. United States, 135 S.Ct. 2551 (2015), Mr. Liddell should be resentenced without applyin… |
| 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 | The specific question presented for review is whether the United States Court of Appeals for the Fifth Circuit erred by denying Mr. Hudson a Certifica… |
| 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 | GRANTED PETITSONER A CERTI FICATE of APPEAlAbIty PORSUANT TO MILlER -EL V.COCKER, 537 U.S.3a2 ON. QUESTIONS OF HIS THE U.S. CONSTITUIONAl RIGHTS? PERT… |
| 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 | I. Whether robbery under Connecticut General Statutes § 53a‐133 categorically qualifies as a "violent felony" under the force clause of the Armed Care… |
| 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 | 1. Should the Court GVR the judgment of the Eighth Circuit so the appeals court may consider, in the first instance, whether Cox is entitled to relief… |
| 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 | (1). Whether The Lower Court(s) Erred In Concluding That Petitioner Did Not Suffer Ineffective Assistance Of Counsel At His Resentencing On Appeal … |
| 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 | 1. Was the evidence insufficient to convict defendant - Appelart MyRon JEssle as an aider and abetter to armed bery and ist degree home invasion?Did h… |
| 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 in Mr. Gieswein's case. Was Mr. Gies… |
| 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? If so did the Ninth Circuit Court of Appeals fail to apply Griffith … |
| 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 MR. PEREZ RELIEF FROM JUDGMENT WHERE HE WAS DENIED HIS CONSTITUTIONAL RIGHT TO AN IMPARTIAL JURY B… |
| 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, AFTER BEING FOUND GUILTY BY A JURY, HAVE A STATUTORY DUE PROCESS RIGHT TO POST-VERDICT BAIL, AND TO BE TREATED AS A DEFENDANT BEING… |
| 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 | On a Crosby remand, the district court decided not to resentence the defendants. On a Jacobson remand, the district court again decided not to resente… |
| 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, sign into law on Dec. 18, 2018 made this an appeal "Pipeline" case, that fall under the First Step Act ne… |
| 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 | 1. Whether the Arizona Supreme Court was required to apply current law when weighing mitigating and aggravating evidence to determine whether a death … |
| 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 | A. Whether Under 18 U.S.C. S3582 (C) (2) should the Petitioner be eligible for a resentencing when two clariying amendments relevent to his case was e… |
| 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 AFTER IT … |
| 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 | 1. Are the sentencino proceedinos that was found to be urconstitutionel made to be invalid? 2. Did the 'trial court ebuse its discretion by refusinn … |
| 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 | 1. When changes in a state's substantive criminal set out the elements of capital murder which the prosecution must prove to the satisfaction of a una… |
| 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 | 1. Does the Eighth Amendment, as interpreted in Miller and Montgomery, require juvenile defendants, who had previously been illegally sentenced to man… |
| 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 where the reasons for the sentence are stated in open court aft… |
| 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 | 1. Does the Eighth Amendment, as interpreted in Miller and Montgomery, require juvenile defendants, who had previously been illegally sentenced to man… |
| 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 | 1. Does the Eighth Amendment, as interpreted in Miller and Montgomery, require juvenile defendants, who had previously been illegally sentenced to man… |
| 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 | 1. Does the Eighth Amendment, as interpreted in Miller and Montgomery, require juvenile defendants, who had previously been illegally sentenced to man… |
| 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 | 1. 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… |
| 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 | 1. Does the Eighth Amendment, as interpreted in Miller and Montgomery, require juvenile defendants, who had previously been illegally sentenced to man… |
| 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 | 1. Does the Eighth Amendment, as interpreted in Miller and Montgomery, require juvenile defendants who had previously been illegally sentenced to mand… |
| 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 | After it has issued a decision holding that a federal prisoner is entitled to resentencing due to a Sentencing Guidelines calculation error, can a fed… | |
| 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, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), permit a court charged wi… |
| 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 | 1. Does the Florida Supreme Court ruling that the automatic-resentencing-tolife provision of Florida Statutes Section 775.082(2) applies only if death… |
| 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 | 1. Whether a Petitioner Who Was Sentenced to Life Without the Possibility of Parole, Which was Enhanced By Two Later Invalidated State Convictions, Ma… |
| 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 | The Fifth Circuit, and two other circuits, have interpreted the mandate rule in a "restrictive" or "waiver" approach, meaning that when a case is rema… |