restitution
143 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25A781 | Joquetta Riley v. United States | Fifth Circuit | 2026-01-06 | Application | conspiracy joint-and-several-liability mail-fraud mandatory-victims-restitution-act restitution vicarious-liability | Does the Mandatory Victims Restitution Act (MVRA) of 1996 — as codified within 18 U.S.C. § 3663A — allow courts to confer vicarious restitution liabil… | |
| 25-6386 | Gavin Michael Harold v. United States | Eleventh Circuit | 2025-12-16 | Pending | Response RequestedResponse WaivedIFP | child-pornography criminal-punishment jury-trial mandatory-minimum restitution sixth-amendment | In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount o… |
| 25A679 | Matthew Lee Pelton v. United States | Ninth Circuit | 2025-12-09 | Application | criminal-statute ninth-circuit pecuniary-damages restitution statutory-interpretation victim-compensation | Question not identified. | |
| 25A620 | Malcolm Wilson v. Angelita Castaneda | Seventh Circuit | 2025-11-25 | Application | arbitrary-action due-process hill-standard medical-expenses prison-disciplinary-board restitution | Whether due process requires a prison disciplinary board to provide 'some evidence' of the actual or estimated loss before imposing a restitution sanc… | |
| 25-6010 | Karl Patrick Kluge v. United States | Eleventh Circuit | 2025-10-31 | Pending | Response RequestedResponse WaivedIFP | child-exploitation criminal-punishment jury-finding mandatory-minimum restitution sixth-amendment | In 2018, Congress enacted the Amy, Vicky, and Andy Child Pornography Victim Assistance Act, which established a mandatory minimum restitution amount o… |
| 25-5696 | Anatole Mbe v. United States | Ninth Circuit | 2025-09-22 | Pending | IFP | appeal-waiver criminal-procedure legal-error plea-agreement restitution sentencing | Did petitioner's appeal waiver as part of his plea agreement preclude an appeal challenging the amount imposed for restitution on grounds that the gov… |
| 25A206 | Arthur Fayne v. United States | Sixth Circuit | 2025-08-21 | Presumed Complete | effective-assistance-of-counsel material-misrepresentation non-victim-compensation pro-se-representation restitution right-to-defense | Whether a criminal defendant can seek post-conviction relief based on a supervening Supreme Court decision that undermines the legal theory supporting… | |
| 24-1231 | Andrew Dowd v. United States | Second Circuit | 2025-06-03 | Denied | Amici (2)Response Waived | due-process harmless-error judicial-impartiality prosecutorial-conduct recusal restitution | Whether a district judge impermissibly blends judicial and prosecutorial roles by urging investigation and then presiding over the trial, whether an a… |
| 24-7241 | Michael Rech v. United States | Second Circuit | 2025-05-19 | Denied | Response WaivedIFP | body-worn-camera incarceration restitution right-to-counsel speedy-trial suppression | Was petitioner deprived of his right to counsel of choice due to lack of timely notice and out-of-state incarceration, and should suppression have bee… |
| 24-7077 | Todd Stephens v. United States | Eleventh Circuit | 2025-04-25 | Denied | Response WaivedIFP | due-process eighth-amendment excessive-fines fifth-amendment pro-se-litigant restitution | Does imposing a restitution order of $130,220,803.65 derived from speculative calculations and disproportionately exceeding the petitioner's limited n… |
| 24-6405 | Sidney Joseph v. United States | Fifth Circuit | 2025-01-28 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | due-process federal-enforcement property-seizure restitution separation-of-powers statutory-interpretation | Does the Fifth Circuit's interpretation of 'all other available and reasonable means' in 18 U.S.C. § 3664(m)(1)(A)(ii) violate statutory interpretatio… |
| 24-6374 | James Clifford Goodwin, III v. United States | Ninth Circuit | 2025-01-23 | Denied | Response WaivedIFP | abuse-of-discretion congressional-intent constitutional-challenge ex-post-facto ineffective-assistance restitution | Whether it is an abuse of discretion to impose a judgment that does not adhere to congressional mandates or statutes when the defendant committed an o… |
| 24-5919 | Kent Booher v. United States | Sixth Circuit | 2024-11-05 | Denied | Response WaivedIFP | criminal-sentencing district-court judicial-discretion restitution sentencing-guidelines | Whether the district court improperly calculated restitution in a criminal case |
| 24A442 | Dale Scott Heineman v. United States | Ninth Circuit | 2024-11-04 | Presumed Complete | criminal-procedure due-process incarceration peonage restitution sentencing | Whether a criminal defendant's due process rights are violated when a sentencing hearing proceeds despite allegations of procedural defects and claims… | |
| 24-458 | Laurie Weinlein v. United States | Second Circuit | 2024-10-23 | Denied | Response RequestedResponse WaivedRelisted (2) | criminal-sentencing ex-post-facto legislative-extension restitution retroactive-application victim-compensation | Whether the retroactive enlargement of a restitution liability period violates the Ex Post Facto Clause |
| 24-453 | Emmanuel G. Louis, Jr., et al. v. Bluegreen Vacations Unlimited, Inc., et al. | Eleventh Circuit | 2024-10-22 | Denied | Amici (2) | article-iii-standing contract-enforcement federal-jurisdiction judicial-review restitution void-contract | Do plaintiffs who paid money under a void contract have Article III standing to challenge the enforcement of that contract and seek restitution of the… |
| 24-395 | William Edward Neilly v. Michigan | Michigan | 2024-10-09 | GVR | Response RequestedRelisted (8) | constitutional-law criminal-sentencing ex-post-facto legal-interpretation punishment restitution | Whether restitution ordered as part of a criminal sentence constitutes punishment under the Ex Post Facto Clause |
| 24-5032 | Jackson Jacob v. United States | Fifth Circuit | 2024-07-09 | Denied | Response RequestedResponse WaivedRelisted (5)IFP | anti-kickback-statute criminal private-health-insurers restitution scope sixth-amendment | Does the Anti-Kickback Statute extend to services paid for by private health insurers? |
| 23-7061 | Cody Dillon Hogan v. United States | Eleventh Circuit | 2024-03-22 | Denied | Response WaivedRelisted (2)IFP | 8th-amendment child-pornography civil-rights criminal-law due-process eighth-amendment mandatory-minimum restitution statutory-interpretation | Proximate causation, due process, conflicting interpretation, statutory interpretation, substantive due process |
| 23-6966 | Alison Lee Gendreau v. United States | Ninth Circuit | 2024-03-12 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | criminal-restitution fifth-amendment grand-jury grand-jury-right jury-trial proof-beyond-reasonable-doubt reasonable-doubt restitution sixth-amendment | Whether the Fifth Amendment grand jury right and the Sixth Amendment right to jury trial on proof beyond a reasonable doubt apply to restitution in a … |
| 23-6725 | Deonte Marques Curry v. United States | Fourth Circuit | 2024-02-12 | Denied | Response WaivedIFP | court-of-appeals criminal-procedure due-process electronic-filing forfeiture notice restitution sentencing sentencing-error | Whether due process is satisfied when the government relies solely on the district court's electronic case filing system to notify defendant's counsel… |
| 23-853 | Credit Bureau Center, LLC, et al. v. Federal Trade Commission | Seventh Circuit | 2024-02-07 | Denied | disgorgement equitable-monetary-relief federal-trade-commission restitution section-13(b) section-19 | Whether Section 19 of the FTC Act, 15 U.S.C. § 57b(b), which prohibits the award of 'any exemplary or punitive damages,' empowers the Commission to se… | |
| 23-6577 | Vahe Dadyan and Artur Ayvazyan, aka Arthur Ayvazyan v. United States | Ninth Circuit | 2024-01-25 | Denied | Response WaivedIFP | conspiracy conspiracy-liability criminal-law criminal-sentencing due-process mandatory-restitution proportional-punishment reasonably-foreseeable restitution sentencing statutory-interpretation victim-compensation | Whether 18 U.S.C. § 3663A permits a court to order the least culpable member of a conspiracy to pay the same amount of restitution as the most culpabl… |
| 23-6235 | John S. Romero, aka John Silva Romero v. United States | Ninth Circuit | 2023-12-12 | Denied | Response WaivedIFP | bargained-for-product district-court embezzlement federal-question health-care health-care-embezzlement insurance-coverage restitution victim-compensation victims | Whether a district court may award restitution in a health care embezzlement case where all of the alleged victims received the product they bargained… |
| 23-6173 | Akosua Aaebo Akhan v. Kwesi Akhan | District of Columbia | 2023-12-06 | Denied | IFP | anti-stalking-order civil-rights dna-testing forced-agreement human-trafficking legal-standing necessity-defense power-of-attorney restitution standing | Was Petitioner legally bound by the Anti-Stalking Order |
| 23-585 | John Duncan Fordham v. Georgia Department of Administrative Services, et al. | Eleventh Circuit | 2023-12-01 | Denied | Response Waived | civil-procedure equity equity-doctrine jurisdictional-challenge mandatory-victims-restitution-act money-had-and-received presidential-pardon restitution restitution-funds | Do funds collected under the Mandatory Victims Restitution Act vest in a claimant or are they subject to recoupment after a Presidential Pardon? |
| 23-5999 | Anson Chi v. United States | Fifth Circuit | 2023-11-13 | Denied | Response WaivedRelisted (2)IFP | appeal-procedure civil-rights constitutional-rights criminal-appeal criminal-case criminal-procedure due-process extension-of-time petition-for-rehearing petition-for-rehearing-en-banc restitution | Did the 5th Circuit Court violate Chi's due-process-right |
| 23-5706 | Darrell Smith v. United States | Eighth Circuit | 2023-10-03 | Denied | Response WaivedIFP | asset-seizure circuit-split constitutional-rights corporate-representation due-process indigent-company legal-counsel representative-counsel restitution | can-the-courts-prosecute-indigent-companies-without-legal-representation |
| 23-316 | Curtiss Davis, III v. Pedro Bonilla, et al. | Fourth Circuit | 2023-09-27 | Denied | Response WaivedRelisted (3) | civil-liberties civil-procedure civil-rights constitutional-protections due-process intelligence-identities-protection-act punitive-damages restitution sanctuary-policies standing summary-judgment | Whether both the US District and US Court of Appeals had inequitably applied US laws to deny restitution |
| 23-5365 | Marcus Roosevelt Taylor v. United States | Fourth Circuit | 2023-08-17 | Denied | Response WaivedIFP | asset-forfeiture civil-rights constitutional-rights criminal-procedure drug-proceeds drug-trafficking due-process mandatory-victim-restitution-act restitution restitution-order | Whether the $228,304 restitution order infringes upon Marcus Taylor's constitutional rights |
| 23-5192 | Phiet The Doan v. California | California | 2023-07-25 | Denied | Response WaivedIFP | due-process equal-protection excessive-fine fourteenth-amendment jury-trial restitution sixth-amendment victim-restitution | Did Mr. Doan have a Sixth and Fourteenth Amendment right to a jury trial on whether he owed almost $64,000 in victim restitution? |
| 22-7843 | George John Maslovar v. United States | Fifth Circuit | 2023-06-22 | Denied | Response WaivedIFP | child-pornography civil-procedure criminal-history paroline-v-united-states proximate-cause restitution statutory-interpretation victim-impact | Whether a defendant's criminal history, the nature of images typically trafficked of a child pornography victim, or the amount of restitution collecte… |
| 22-1197 | Jon Lawrence Frank v. United States | Fourth Circuit | 2023-06-09 | Denied | Response Waived | 401k-plan consumer-credit-protection-act employee-retirement-income-security-act erisa garnishment lump-sum-distribution mandatory-victims-restitution-act restitution retirement-plan-benefits | Whether ERISA precludes garnishment of 401(k) plan to satisfy restitution order |
| 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 |
| 22-7683 | Michael Dewayne Alfred v. United States | Fifth Circuit | 2023-06-01 | Denied | Response WaivedIFP | 18-usc-2259 causal-role causation criminal-procedure criminal-sentencing restitution sentencing statutory-interpretation statutory-maximum victim-compensation | Whether the district court's restitution order exceeds the statutory maximum under 18 U.S.C. § 2259(b)(2) when it fails to consider the measure of los… |
| 22-7518 | John William Iron Road v. United States | Eighth Circuit | 2023-05-10 | Denied | IFP | appeal-waiver appellate-review circuit-split criminal-sentencing proximate-causation proximate-cause restitution restitution-award sentencing statutory-interpretation unlawful-award | Whether an appellate court should enforce an appeal waiver where the appeal challenges an unlawful restitution award? |
| 22-945 | Jonathan Dean Davis v. United States | Fifth Circuit | 2023-03-29 | Denied | Response RequestedResponse WaivedRelisted (2) | criminal-procedure criminal-statute misrepresentation money-laundering restitution sentencing statutory-interpretation victim-loss wire-fraud | Is proof of misrepresentations sufficient to establish wire fraud or money laundering? |
| 22-6980 | In Re Michael Blodgett | 2023-03-10 | Denied | Response WaivedIFP | amg-v-ftc coram-nobis criminal-conviction due-process frap-rule-21 judicial-error mandamus mandamus-relief restitution stare-decisis vertical-stare-decisis | Where the record reveals uncontested facts that the Eighth Circuit committed more than seventeen structural errors over thirty years in three related … | |
| 22-6812 | Ernest Luther Taylor v. United States | Ninth Circuit | 2023-02-17 | Denied | Response WaivedIFP | appeal court-appointed-counsel criminal-procedure indigent-defendant mental-health mental-illness restitution social-security social-security-disability | Did the District Court err in ordering restitution interest for a defendant with mental illness and lack of income? |
| 22-6813 | Joshua Glowacki v. United States | Sixth Circuit | 2023-02-17 | Denied | Response WaivedIFP | child-pornography criminal-procedure due-process jury-determination jury-trial probable-cause restitution restitution-order search-warrant sentencing victim-rights | Does the defendant in a criminal case have the right to have a jury determine facts to support a restitution order? |
| 22-6666 | Leonel Ruiz-Lopez v. United States | Sixth Circuit | 2023-01-31 | Denied | Response WaivedIFP | criminal-law criminal-procedure federal-statute hughey-v-united-states legal-definition restitution sentencing-guidelines statutory-interpretation title-18 victim-and-witness-protection-act victim-restitution | What does an 'offense' mean for purposes of restitution awards under the VWPA? |
| 22-6627 | Kenneth Mobley v. United States | Sixth Circuit | 2023-01-26 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court-jurisdiction due-process jurisdiction loss-calculation restitution restitution-order sentencing-guidelines sentencing-reasonableness substantive-reasonableness | Was Mr. Mobley's sentence procedurally and substantively unreasonable |
| 22-6434 | Elvis Harold Reyes v. United States | Eleventh Circuit | 2022-12-30 | Denied | Response WaivedIFP | apprendi-rule apprendi-v-new-jersey blakely-v-washington criminal-restitution fifth-amendment jury-determination restitution sentencing-fact sixth-amendment southern-union-co-v-united-states | Whether the Sixth and Fifth Amendments are violated by the imposition of restitution based on the sentencing judge's determination of a fact (other th… |
| 22-6303 | Steven Riad Jalloul v. United States | Fifth Circuit | 2022-12-14 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing due-process fifth-circuit judicial-discretion plea-agreement plea-bargaining restitution sentencing statutory-interpretation | Whether the language in a defendant's plea agreement requiring the defendant to pay 'whatever restitution is ordered' is sufficiently specific to cons… |
| 22-6164 | Calvin Gary Walker v. Texas | Texas | 2022-11-29 | Denied | IFP | constitutional-law double-jeopardy due-process fifth-amendment judgment restitution sentencing | Does the Fifth Amendment's double jeopardy clause bar a restitution order entered ninety-nine days after Petitioner's sentence began and after entry o… |
| 22-5967 | Hunter Halver Brown v. Alabama | Alabama | 2022-11-01 | Denied | IFP | covid-19 covid-restrictions criminal-procedure due-process evidence interstate-agreement-on-detainers restitution speedy-trial trial-timeline | whether-interstate-agreement-on-detainers-act-was-violated |
| 22-5792 | Armad Jamall Gatling v. United States | Fourth Circuit | 2022-10-07 | Denied | Response WaivedIFP | appellate-review civil-procedure court-of-appeals dismissal district-court due-process merits restitution sentence-enhancement standing | Did the Court of Appeals err in dismissing Mr. Gatling's appeal without reviewing its merits? |
| 22-266 | Gary S. Christensen v. United States | Ninth Circuit | 2022-09-21 | Denied | Amici (1)Response Waived | 26-usc-6201(a)(4) criminal-tax criminal-tax-law due-process irs-assessment restitution return-mail-inc-v-united-states-postal-service return-mail-precedent subject-matter-jurisdiction tax-restitution | Does this Court's holding in Return Mail, Inc. v. United States Postal Service, 139 S. Ct. 1853 (2019) overturn every case holding the Internal Revenu… |
| 22-5399 | John Afriyie v. United States | Second Circuit | 2022-08-19 | Denied | Response WaivedIFP | attorneys-fees circuit-split corporate-expenses criminal-procedure criminal-restitution mandatory-victims-restitution-act noscitur-a-sociis restitution statutory-interpretation | Whether Section (b)(4) of the Mandatory Victims Restitution Act limits restitution for 'necessary ... other expenses' to out-of-pocket expenses simila… |
| 22-5305 | Aileen Kogera Njoroge v. United States | Eighth Circuit | 2022-08-09 | Denied | Response WaivedIFP | criminal-conviction criminal-procedure criminal-sentencing due-process fraud identity-theft legal-appeal probation restitution sentencing sufficiency-of-evidence trial-court-discretion | Whether the district court erred in denying Kogera's motion for judgment of acquittal on the basis of insufficient evidence to support the jury's verd… |
| 21-8077 | Duane Yates v. Iowa | Iowa | 2022-06-07 | Denied | Response WaivedRelisted (2)IFP | constitutional-review due-process ex-post-facto ex-post-facto-clause governor-executive-order indigent-status iowa-corrections iowa-department-of-corrections restitution sentencing-enhancement sentencing-enhancements | Whether the Iowa Courts have unlawfully determined the restitution that Duane Yates was ordered to pay |
| 21-8025 | Christopher Thieme, aka John Thieme v. United States | Third Circuit | 2022-06-01 | Denied | Response WaivedIFP | 18-usc-3664 all-writs-act criminal-law criminal-procedure illegal legal-relief restitution restitution-order sentencing sentencing-procedure statutory-interpretation writ-of-audita-querela | Does 18 U.S.C. §3664(k) and (0) permit a defendant to file a motion to vacate a restitution he asserts is illegal? |
| 21-7988 | Donald Tarnawa v. United States | Fifth Circuit | 2022-05-27 | Denied | Response WaivedIFP | appellate-review circuit-split criminal-procedure financial-factors financial-resources restitution restitution-modification sentencing sentencing-procedure standard-of-review | Whether the controlling standard of review for modification under 18 USCA § 3664(k) should be de novo or abuse of description |
| 21-1408 | Peter Efo v. Diane Fondjo | Maryland | 2022-05-02 | Denied | 13th-amendment civil-rights constitutional-interpretation court-order damages due-process employment-law labor labor-rights restitution thirteenth-amendment | Whether a Court Order for refund of paid labor cost for work ordered by an employer and was completed by a laborer violates the U.S.C. Amendment XIII … | |
| 21-1300 | Mark Gabriele, et al. v. Service Employees International Union, Local 1000, et al. | Ninth Circuit | 2022-03-29 | Denied | Response Waived | civil-rights constitutional-rights due-process fair-share-fees good-faith-defense janus-vs-afscme restitution retroactivity section-1983 union-fees | Whether this Court's application of a rule of federal law to the parties before it requires every court to give retroactive effect to that decision |
| 21-7268 | Ross Anthony Farca v. United States | Ninth Circuit | 2022-03-03 | Denied | Response WaivedIFP | circuit-split criminal-law criminal-restitution false-statement mental-health military-recruitment property-damage restitution statutory-interpretation | Whether petitioner's offense of making a false statement about his mental health history resulted in 'damage to or loss or destruction of property' of… |
| 21-7206 | Chuck Duckworth v. Illinois | Illinois | 2022-02-25 | Denied | Response WaivedIFP | bankruptcy-code bankruptcy-discharge bankruptcy-injunction creditor-recovery creditors criminal-procedure fresh-start restitution restitution-award state-prosecution | Whether a state prosecutor can recover previously discharged debts on behalf of bankruptcy creditors following a criminal prosecution and by way of a … |
| 21-6710 | Prince Charles Nana Yaw Owusu Boateng v. United States | Fifth Circuit | 2021-12-22 | Denied | Response WaivedIFP | conspiracy count-of-conviction court-of-appeals criminal-restitution loss-calculation mandatory-victims-restitution-act pattern-of-criminal-activity restitution scheme sentencing | Whether a court can impose restitution beyond the loss resulting from the conduct related to the count of conviction under the Mandatory Victims Resti… |
| 21-6499 | Henry Pratt v. Pennsylvania | Pennsylvania | 2021-12-03 | Denied | Response WaivedIFP | bias civil-litigation civil-procedure evidence evidence-admissibility insurance-bias motive restitution restitution-claim settlement-agreement trial-court-discretion | Whether the trial court erred by precluding the use of a civil settlement agreement between the parties, which was admissible to show the defendant's … |
| 21-681 | Andy Altahawi v. Securities and Exchange Commission | Second Circuit | 2021-11-09 | Denied | Response Waived | capital-gains-tax civil-procedure consent-judgment restitution rule-60 rule-60(b) sec second-circuit tax-implications | Whether the Second Circuit erred when it upheld the district court's denial of Altahawi's motion pursuant to Fed. R. Civ. P. 60(b)(5) and (6) to make … |
| 21-5930 | Albert M. Ranieri v. Vicky Moser, Warden | Third Circuit | 2021-10-08 | Denied | Response WaivedIFP | 18-usc-3613(b) ex-post-facto mandatory-victims-restitution-act mvra plea-agreement restitution restitution-order sentencing-procedure statutory-interpretation victim-witness-protection-act vwpa | Is the VWPA or MVRA the controlling law regarding payment of the Order of Restitution, and is the Ex Post Facto Clause being violated? |
| 21-338 | Gary S. Christensen v. United States | Ninth Circuit | 2021-09-02 | Denied | Response Waived | 16th-amendment criminal-tax due-process equal-protection federal-jurisdiction irs-determination precedent-interpretation restitution sixteenth-amendment tax-liability | Where no determination of federal tax liability has been made by the IRS and the court of appeals has ruled patently contrary to this court's decision… |
| 21-345 | Manpreet Singh v. United States | Fifth Circuit | 2021-09-02 | Denied | Response Waived | collateral-attack counsel due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel judicial-review legal-remedy restitution writ-of-error-coram-nobis | Is there no avenue for a collateral attack on a restitution award that was the result of ineffective assistance of counsel? |
| 21-5482 | Michael Deshon Matthews v. John Davids, Warden | Sixth Circuit | 2021-08-25 | Denied | IFP | 6th-amendment constitutional-rights court-costs due-process restitution right-to-counsel sixth-amendment speedy-trial substitute-counsel | Did trial court err in denying defendant's motion for substitute counsel? |
| 21-185 | Scott Solomon v. American Federation of State, County, and Municipal Employees, District Council 37, AFL-CIO | Second Circuit | 2021-08-10 | Denied | agency-fees civil-rights constitutional-rights first-amendment good-faith-defense janus-v-afscme restitution section-1983 state-law | Whether there is a categorical good-faith defense to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their … | |
| 21-128 | Roger Waldner, et al. v. United States | Eighth Circuit | 2021-07-30 | Denied | Response Waived | criminal-procedure due-process enforcement-order garnishment recoupment restitution statute-of-limitations takings-clause | Whether the USA's garnishment of $80,000 from Glenn Ambort was timely and proper under 18 U.S.C. § 3664(m)(1)(A) and 18 U.S.C. § 3613 |
| 21-75 | Ojin Kim v. United States | Fifth Circuit | 2021-07-21 | Denied | Response Waived | appellate-review criminal-procedure deprivation-of-liberty due-process liberty-deprivation methodology-challenge restitution restitution-order sentencing-guidelines | Whether a sentence should be reviewable on appeal if the restitution order is not barred from appellate review due to factually insufficient evidence |
| 21-5101 | Giuseppe Viola, aka Joseph John Viola v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. | Ninth Circuit | 2021-07-14 | Denied | Response WaivedRelisted (2)IFP | cares-act conditions-of-confinement criminal-law eighth-amendment federal-jurisdiction habeas-corpus restitution section-2241 supervised-release | Whether jurisdiction exists for presentation of grounds for relief from all custody under § 2241, challenging conditions of confinement |
| 20-1810 | Charles Landon Roberson v. Hanesbrands, et al. | Fourth Circuit | 2021-06-29 | Denied | access-to-courts civil-procedure civil-rights due-process employment-discrimination equal-protection in-forma-pauperis labor-law protected-activity restitution retaliation wrongful-termination | Whether the petitioner was denied due process and equal protection under the law when the court denied the petitioner's motion to proceed in forma pau… | |
| 20-8364 | David Gilmartin v. United States | Second Circuit | 2021-06-21 | Denied | Response WaivedIFP | civil-procedure criminal-sentencing earnings-definition economic-circumstances probation-conditions restitution restitution-order sentencing social-security social-security-benefits statutory-interpretation | Whether the district court erred in modifying the restitution order to require the defendant to pay 10% of all receipts of money, including Social Sec… |
| 20-8371 | Luz Hernandez v. United States | Eleventh Circuit | 2021-06-21 | Denied | Response WaivedIFP | counsel-withdrawal due-process ex-parte felony-sentencing restitution right-to-counsel sixth-amendment | Whether the imposition of financial penalties as part of a felony sentencing violates a defendant's Fifth Amendment right to due process and Sixth Ame… |
| 20-1725 | David Seidemann, et al. v. Professional Staff Congress Local 2334, et al. | Second Circuit | 2021-06-14 | Denied | Amici (2) | 42-U.S.C.-1983 42-usc-1983 civil-rights constitutional-violation due-process fair-share-fees good-faith-defense janus-v-afscme restitution retroactivity union-fees | Whether the proper remedy for the collection of an illegal fee is refund or restitution, regardless of the purported good faith of the fee collector |
| 20-8204 | Severiano Martinez-Rojas v. United States | Second Circuit | 2021-06-02 | Denied | Response WaivedIFP | appellate-review appellate-waiver circuit-split criminal-procedure judicial-review plea-bargaining restitution restitution-calculation sentencing sentencing-procedure vulnerable-victim-enhancement | whether-the-second-circuit-failed-to-follow-supreme-court-precedent |
| 20-1656 | Carmen Johnson v. United States | Fourth Circuit | 2021-05-27 | Denied | Response Waived | asset-forfeiture civil-rights coram-nobis criminal-procedure due-process ineffective-assistance restitution supervised-release | May an individual challenge non-custodial aspects of a criminal judgment through a petition for writ of error coram nobis? |
| 20-1593 | Devon E. Sanders v. United States | Third Circuit | 2021-05-18 | Denied | Response Waived | child-pornography criminal-law disaggregation double-jeopardy federal-sentencing paroline-v-united-states restitution sentencing statutory-interpretation | Whether the Double Jeopardy Clause takes into account only the essential facts for establishing the elements of two offenses |
| 20-7940 | Khaled Elbeblawy v. United States | Eleventh Circuit | 2021-05-05 | Denied | Response WaivedIFP | constitutional-rights criminal-forfeiture due-process fact-finding forfeiture jury-trial restitution sentencing-enhancements sixth-amendment | Whether the Sixth Amendment requires a jury trial on forfeiture, and whether the Sixth Amendment forbids a judge from finding facts that increase fine… |
| 20-1534 | Patrick Doughty, et al. v. State Employees’ Association of New Hampshire, SEIU Local 1984, CTW, CLC | First Circuit | 2021-05-04 | Denied | Amici (1) | 42-usc-1983 agency-fees compelled-association compelled-speech damages first-amendment restitution section-1983 | Does a First Amendment compelled speech and association claim for damages or restitution brought under 42 U.S.C. § 1983 require a plaintiff to prove m… |
| 20-7640 | Nicholas Corey Garner v. United States | Sixth Circuit | 2021-04-01 | Denied | Response WaivedIFP | constitutional-rights criminal-procedure email-search ineffective-assistance ineffective-assistance-of-counsel presentence-report restitution search-and-seizure sentencing sixth-circuit | Whether counsel was constitutionally ineffective for failing to object to presentence report and failing to raise objection to lack of restitution rec… |
| 20-7507 | Christopher Faella v. United States | Eleventh Circuit | 2021-03-18 | Denied | Response WaivedIFP | 18-usc-2259 appellate-rights eighth-amendment plea-agreement restitution sentencing sentencing-appeal statutory-interpretation statutory-maximum waiver | Whether a defendant's waiver in his plea agreement of the right to appeal his sentence precludes him from appealing an order of restitution that excee… |
| 20-1129 | Scott Phillip Flynn v. United States | Eighth Circuit | 2021-02-17 | Denied | Amici (1) | constitutional-rights criminal-procedure due-process guilty-plea irs jury-trial klein-conspiracy restitution seventh-amendment sixth-amendment | Whether the due process clause requires discussion of the elements of an 18 U.S.C. § 371 conspiracy to defraud the IRS before accepting a guilty plea |
| 20-6734 | John S. Mobasseri v. United States | Sixth Circuit | 2020-12-31 | Denied | Response WaivedIFP | 18-usc-2259 child-pornography criminal-procedure criminal-sentencing due-process restitution retroactive-application statutory-amendment | Whether it violates due process to retroactively apply the 2018 amendments to 18 U.S.C. § 2259 to offense conduct occurring prior to the effective dat… |
| 20-6255 | John Dubor v. United States | Fifth Circuit | 2020-11-09 | Denied | Response WaivedIFP | criminal-procedure due-process fifth-circuit-review loss-calculation medicare-fraud restitution restitution-award sentencing-guidelines | Did the Fifth Circuit's cursory review of the district court's record lead to an illegal, unreasonable sentence |
| 20-5929 | Tommy Lee Jones v. United States | Sixth Circuit | 2020-10-06 | Denied | Response WaivedIFP | 2g2.2(b)(5) burden-of-proof criminal-procedure offense-conduct police-report restitution sentencing-guidelines shepard-standard shepard-v-united-states unreliable-evidence | Can the government utilize an unreliable nearly thirty (30) year old police report to satisfy its burden the sentencing guideline five (5) level enhan… |
| 20-422 | Sarah R. Lee v. Ohio Education Association, et al. | Sixth Circuit | 2020-10-02 | Denied | Response RequestedResponse WaivedRelisted (3) | 42-usc-1983 civil-rights constitutional-rights good-faith-defense private-entities qualified-immunity restitution restitutionary-remedies retroactivity section-1983 | Does 42 U.S.C. § 1983 provide a 'good-faith defense' to private entities who violate another's constitutional rights before the courts have clearly es… |
| 20-5739 | David Rothenberg v. United States | Eleventh Circuit | 2020-09-17 | Denied | Response WaivedIFP | child-pornography circuit-split criminal-sentencing paroline-v-united-states physical-abuse restitution restitution-calculation statutory-interpretation victim-losses | When calculating restitution for a possessor of child pornography, must the victim's losses caused by the initial physical abuse be disaggregated from… |
| 20-214 | Akbar Ghaneh Fard v. United States | Eleventh Circuit | 2020-08-25 | Denied | Response Waived | bidding-practices contract-fraud cost-estimates cost-estimation fraud government-procurement loss-calculation procurement-programs restitution set-aside-program | Whether a government contractor's conservative bidding and reasonable overstatement of cost estimates in a competitive procurement program constitutes… |
| 20-5472 | Henry Dailey v. United States | Eighth Circuit | 2020-08-24 | Denied | Response WaivedIFP | civil-rights constitutional-authority criminal-procedure due-process federal-law jurisdictional-challenge restitution sentencing state-law statutory-interpretation | Whether the district court had legal and constitutional authority to impose restitution, in light of the clause in 18 U.S.C. 3231, and Mo. Rev. Stat. … |
| 20-5292 | Ashvinbhai Chaudhari v. United States | Fifth Circuit | 2020-08-06 | Denied | Response WaivedIFP | criminal-plea criminal-procedure downward-departure fifth-circuit involuntary-plea judicial-procedure plea-bargain plea-bargaining restitution supervisory-powers | Whether the decision of the United States Court of Appeals for the Fifth Circuit has so far departed from the accepted and usual course of judicial pr… |
| 20-5248 | Robert Bernal, Jr. v. United States | Third Circuit | 2020-08-04 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure plea-agreement restitution restitution-order sentencing statutory-interpretation statutory-limits unlawful-sentence | Whether a defendant's waiver of the right to appeal which explicitly permits appeal of a sentence that 'exceeds the applicable statutory limits set fo… |
| 20-5059 | Christopher Goodin v. United States | Sixth Circuit | 2020-07-14 | Denied | Response WaivedIFP | child-protection constitutional-rights criminal-penalty criminal-punishment jury jury-trial mandatory-restitution mandatory-statute restitution sexual-exploitation sixth-amendment | Does the Constitution's guarantee of trial by jury extend to awards of restitution under the Mandatory Restitution For Sexual Exploitation of Children… |
| 19-8874 | Robert Warren Scully v. United States | Fifth Circuit | 2020-07-01 | Denied | Response WaivedIFP | constitutional-rights criminal-sentencing fact-finding fifth-amendment jury-trial restitution restitution-order sixth-amendment | Whether a restitution order imposed as part of a federal criminal sentence and based on fact-findings made by the district court, rather than the jury… |
| 19-8876 | Solomon Jalloh v. United States | Ninth Circuit | 2020-07-01 | Denied | Response WaivedIFP | apprendi apprendi-rule common-law common-law-tradition criminal-procedure criminal-sentencing jury-findings loss-calculation restitution sentencing | Whether under Apprendi, the maximum restitution that can be imposed without additional jury findings as to any amount of loss is zero, consistent with… |
| 19-1424 | Kevin LeBeau v. United States | Seventh Circuit | 2020-06-26 | Denied | Response Waived | bank-fraud criminal-procedure due-process jury-instructions materiality restitution seventh-circuit strickland strickland-claim strickland-v-washington | Was the omission of the concept of materiality from the bank fraud elements instruction error requiring a new trial? |
| 19-1404 | Michael Lieberman v. United States | Third Circuit | 2020-06-23 | Denied | Response Waived | all-writs-act amendment criminal-defendant district-court judicial-relief post-conviction-remedies relief restitution restitution-order sentencing statutory-interpretation | What relief is available to a criminal defendant under the All Writs Act? |
| 19-8794 | Casey Rafael Tyler v. Erik A. Hooks, Warden | Fourth Circuit | 2020-06-23 | Denied | Response WaivedIFP | burden-of-proof criminal-possession criminal-procedure due-process habeas-corpus jurisdictional-requirements restitution territorial-jurisdiction | Has the burden of proof been removed in criminal possession cases? |
| 19-8562 | Alexander Rosenblatt v. United States | Fifth Circuit | 2020-05-29 | Denied | Response WaivedIFP | criminal-procedure district-court paroline-analysis plain-error restitution total-loss victim-loss | Whether a district court's failure to determine the total loss to the victims and its failure to conduct a Paroline analysis before entering an order … |
| 19-1130 | Dale Danielson, et al. v. Jay Inslee, Governor of Washington, et al. | Ninth Circuit | 2020-03-16 | Denied | Relisted (9) | 42-usc-1983 civil-rights civil-rights-42-usc-1983 constitutional-rights court-ruling good-faith-defense private-entities qualified-immunity restitution retroactivity takings | Does 42 U.S.C. § 1983 provide a 'good-faith defense' to private entities who violate another's constitutional rights before the courts have clearly es… |
| 19-1126 | Stacey Mooney v. Illinois Education Association, et al. | Seventh Circuit | 2020-03-13 | Denied | Relisted (9) | 42-usc-1983 civil-rights civil-rights-42-usc-1983 constitutional-rights good-faith-defense private-entities qualified-immunity restitution restitutionary-remedies retroactivity section-1983 takings | Does 42 U.S.C. § 1983 provide a 'good-faith defense' to private entities who violate another's constitutional rights before the courts have clearly es… |
| 19-7836 | Tajuddin Salahuddin v. United States | Fifth Circuit | 2020-03-03 | Denied | Response WaivedIFP | civil-rights criminal-forfeiture criminal-procedure due-process federal-statute property property-rights property-seizure restitution restitution-lien seizure third-party third-party-rights | When the United States of America seizes innocent third-party property and cash; applies 21 U.S.C 853 to forfeit the property but applies a separate r… |
| 19-1020 | Florence Bikundi v. United States | District of Columbia | 2020-02-14 | Denied | Response Waived | burden-of-proof continuance district-court-discretion due-process ends-of-justice ends-of-justice-continuance forfeiture fraud fraud-conduct restitution sentencing sentencing-guidelines speedy-trial-act | Whether a district court granting an ends-of-justice continuance under the Speedy Trial Act violates the requirement to set forth reasons |
| 19-7679 | Jonathan Brownlee v. Keith Hearns, et al. | Third Circuit | 2020-02-14 | Denied | Response WaivedRelisted (2)IFP | civil-rights criminal-procedure due-process probation-officer restitution sentencing supervised-release | Should the United States Probationary Officer Robert Cowan be held criminally liable for his actions which caused the Petitioner to take supervised re… |
| 19-7593 | Young Yi v. United States | Fourth Circuit | 2020-02-07 | Denied | Response WaivedIFP | brady-v-maryland brady-violation constitutional-rights criminal-procedure document-production due-process evidence exculpatory-evidence prosecutorial-misconduct restitution standard-of-review | Whether the government violated its Brady obligations by producing voluminous documents without identifying one document as Brady material |
| 19-7416 | James P. Griffin v. United States | Second Circuit | 2020-01-24 | Denied | Response WaivedIFP | abuse-of-discretion calculation-error civil-procedure continuance criminal-procedure due-process fifth-amendment financial-penalties forfeiture medical-hardship medical-issues restitution restitution-calculation sentencing sixth-amendment trial-continuance trial-court trial-court-discretion Whether the amount of restitution and forfeiture w | Whether the trial court abused its discretion in denying a continuance due to medical problems |
| 19-7240 | Damon S. Allen-Bey v. Michigan State Treasurer | Michigan | 2020-01-10 | Denied | IFP | 14th-amendment abuse-of-discretion administrative-rules constitutional-rights due-process judicial-discretion miscarriage-of-justice prisoner-funds restitution standard-of-review | Whether the trial court violated the defendant's constitutional rights by abusing its discretion in rendering a decision contrary to law, resulting in… |
| 19-825 | Federal Trade Commission v. Credit Bureau Center, LLC, et al. | Seventh Circuit | 2019-12-31 | Granted | Amici (1)Response RequestedRelisted (6) | circuit-split district-court enforcement-authority federal-trade-commission federal-trade-commission-act injunction permanent-injunction restitution section-13(b) statutory-interpretation | Whether Section 13(b) authorizes district courts to enter an injunction that orders the return of unlawfully obtained funds |
| 19-6511 | Roberto Trinidad Del Carpio Frescas v. United States | Fifth Circuit | 2019-11-07 | Denied | Response WaivedIFP | criminal-procedure fifth-circuit mandatory-victims-restitution-act preponderance-of-evidence preponderance-of-the-evidence reliable-evidence restitution restitution-standard sentencing | What is the meaning of 'reliable evidence' for establishing the amount of restitution under the Mandatory Victim's Restitution Act, 18 U.S.C. § 3663A? |
| 19-6554 | Brandon Gregory Leal v. United States | Fifth Circuit | 2019-11-07 | Denied | Response WaivedIFP | apportionment criminal-procedure judicial-procedure paroline-analysis paroline-v-united-states plain-error proximate-cause restitution victim-compensation | Whether failure to conduct a proximate cause and apportionment analysis as required by this Court's decision in Paroline v. United States, 572 U.S. 43… |
| 19-6478 | Abdul King Garba, et al. v. United States | Ninth Circuit | 2019-11-01 | Denied | Response WaivedIFP | apprendi-standard apprendi-v-new-jersey criminal-procedure evidence expert-testimony jackson-v-virginia kumho-tire ninth-circuit restitution sufficiency-of-evidence sufficient-evidence supreme-court-precedent weight-vs-admissibility | Whether the Ninth Circuit Memorandum conflicted with this Court's decisions (e.g., Kumho Tire) regarding whether unreliability of an expert's testimon… |
| 19-530 | James Kerr Schlosser v. United States | Third Circuit | 2019-10-22 | Denied | Response Waived | civil-rights constitutional-rights criminal-procedure due-process evidence-denial judicial-misconduct mens-rea reasonableness religious-beliefs restitution right-to-a-complete-defense state-of-mind statutory-authority willfulness | Whether the lower courts erred regarding the denied evidence, violating the defendant's constitutional right to a complete defense |
| 19-508 | AMG Capital Management, LLC, et al. v. Federal Trade Commission | Ninth Circuit | 2019-10-21 | Judgment Issued | Amici (9)Relisted (6) | administrative-law circuit-split federal-trade-commission federal-trade-commission-act injunctions injunctive-relief monetary-relief permanent-injunction preliminary-injunction restitution statutory-construction statutory-interpretation unfair-or-deceptive-acts | Whether §13(b) of the Federal Trade Commission Act authorizes the Commission to demand monetary relief such as restitution |
| 19-5371 | In Re Mary Capri | 2019-07-29 | Denied | Response WaivedIFP | civil-procedure civil-rights criminal-procedure due-process excessive-fines fourteenth-amendment habeas-corpus miscarriage-of-justice restitution supervised-release | Can the District Court Deny to Abide with the Supreme Court rulings on Restitution? | |
| 19-130 | In Re Randolph George | 2019-07-26 | Denied | Response Waived | coram-nobis costs-of-imprisonment custody due-process habeas-corpus habeas-corpus-2255 ineffective-assistance ineffective-assistance-of-counsel restitution section-2255 sentencing writ-of-error-coram-nobis writ-of-mandamus | Whether a petitioner can challenge a restitution order or order imposing costs of imprisonment based on an ineffective assistance of counsel claim in … | |
| 19-5336 | John S. Benchick v. United States | Sixth Circuit | 2019-07-25 | Denied | Response WaivedIFP | court-reporting due-process exculpatory-evidence government-misconduct mandatory-victims-restitution-act prosecutorial-misconduct restitution right-to-appeal trial-record trial-transcript unbiased-prosecutor witness-testimony | Does the Defendant have a right to a true and correct record of his trial |
| 18-9620 | Christopher J. Miller v. Joel Martinez, Warden | Ninth Circuit | 2019-06-13 | Denied | Response WaivedIFP | child-abuse civil-rights criminal-law due-process emotional-harm legal-precedent mental-health non-sexual-touch prosecutorial-misconduct restitution | Is being a pedophile criminal? |
| 18-1416 | Adam Bereki v. Gary Humphreys, et ux. | California | 2019-05-13 | Denied | Response Waived | civil-procedure civil-rights constitutional-law due-process excessive-fines penal-forfeiture restitution standing statutory-interpretation takings unjust-enrichment | Are sections §7031(a) and (b) of the California Business and Professions Code unconstitutional in effect or as applied? |
| 18-9243 | Chima Edozie Aligwekwe v. United States | Eleventh Circuit | 2019-05-13 | Denied | Response WaivedIFP | acquittal double-jeopardy due-process judicial-discretion jury-trial restitution sentencing sixth-amendment | Whether the right to a jury trial as guaranteed by the Sixth Amendment is violated when a district court increases the defendant's prison sentence and… |
| 18-9124 | Garland D. Miller v. United States | Fifth Circuit | 2019-05-03 | Denied | Response WaivedIFP | coram-nobis criminal-procedure federal-courts federal-criminal-procedure illegal-sentence judicial-jurisdiction restitution rule-35 sentencing sentencing-correction statutory-interpretation title-18 | Does jurisdiction exist to correct an illegal sentence at any time? |
| 18-8879 | Olusola Arojojoye v. United States | Seventh Circuit | 2019-04-17 | Denied | Response WaivedIFP | appellate-review criminal-procedure district-court-jurisdiction jurisdiction restitution sentencing statutory-interpretation | Does 18 USC §§3664(o) and USC §§3742 give the district court jurisdiction to review a sentence which the restitution was calculated in violation of th… |
| 18-8825 | Timeiki Hedspeth v. United States | Fourth Circuit | 2019-04-15 | Denied | Response WaivedIFP | appeal criminal-history criminal-procedure criminal-sentencing district-court due-process evidentiary-rulings fair-trial federal-sentencing-guidelines offense-level reasonable-doubt restitution sentencing sentencing-guidelines | Did the District Court use an incorrect criminal history category to sentence Ms. Hedspeth? |
| 18-8431 | David Kelly Brewster v. Florida | Florida | 2019-03-14 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | burden-of-proof compensation constitutional-rights due-process equal-protection fourteenth-amendment legal-precedent restitution wrongful-incarceration | Whether the Victims of Wrongful Incarceration Compensation Act, §961.03, Fla. Stat. is unconstitutional as a violation of due process and equal protec… |
| 18-7941 | Trevor Little v. United States | Fourth Circuit | 2019-02-13 | Denied | Response WaivedIFP | constitutional-law criminal-procedure due-process ex-post-facto ex-post-facto-clause restitution sentencing statute-of-limitations statutory-interpretation | Did the lower courts' Fourth Circuit violate the Ex Post Facto Clause of the United States Constitution Article I, Section 9, Clause 3, when it still … |
| 18-7662 | Nolan Lewis v. United States | Ninth Circuit | 2019-01-30 | Denied | Response WaivedIFP | abuse-of-discretion competency competency-evaluation criminal-procedure due-process guilty-plea judicial-discretion mental-competency ninth-circuit restitution restitution-hearing | Whether the Ninth Circuit Court of Appeals applied the proper legal standard for determining whether the district court abused its discretion in faili… |
| 18-7579 | David L. Price v. United States | Seventh Circuit | 2019-01-28 | Denied | Response WaivedIFP | criminal-enterprise drug-conspiracy drug-distribution due-process felon-in-possession heroin-conspiracy money-laundering restitution sentencing straw-purchaser | Whether the district court erred in sentencing the petitioner to a 37-year sentence for a non-violent drug conspiracy and related offenses |
| 18-7554 | Jack Ferm v. Office of the Attorney General of Nevada | Nevada | 2019-01-24 | Denied | IFP | attorney-general-misconduct contract-breach contract-damages fair-dealing false-statement gainful-employment good-faith good-faith-and-fair-dealing implied-covenant implied-covenant-of-good-faith-and-fair-dealing plea-agreement restitution | Whether the court below erroneously held that a false statement by the Attorney General did not breach the plea agreement or the 'Spirit the contract'… |
| 18-7183 | Christopher Jude Martin v. United States | Ninth Circuit | 2018-12-27 | Denied | Response WaivedIFP | consequential-damages criminal-law criminal-valuation damages enhancements evidence legal-damages property-damage restitution restitution-order sufficiency-of-evidence valuation | Whether there was sufficient evidence that the value of the items at the time that Mr. Martin damaged them was over $1,000? |
| 18-7122 | Jeffrey Thomas Gola v. United States | Eleventh Circuit | 2018-12-19 | Denied | Response WaivedIFP | ability-to-pay Ability-to-pay-restitution BOP-jurisdiction-over-payment-plan bureau-of-prisons Consideration-of-18-USC-3664-factors constitutional-liberties Delegation-of-authority-to-BOP financial-responsibility mandatory-victims-restitution-act payment-schedule plain-error Plain-error-in-restitution-order restitution restitution-payment | Is the BOP's Financial Responsibility Program voluntary when constitutional liberties are taken for non-participation? |
| 18-759 | Matthew D. Sample v. United States | Tenth Circuit | 2018-12-14 | Denied | Amici (3) | criminal-sentencing district-court district-court-authority district-court-discretion imprisonment income-earning probation restitution sentencing-discretion victim-compensation | Whether a district court may reduce a prison sentence, or impose a probationary term in lieu of imprisonment, to enable a defendant to earn income to … |
| 18-7023 | Webster Douglas Williams, III v. United States | Fourth Circuit | 2018-12-13 | Denied | Response WaivedIFP | constitutional-violation due-process effective-assistance-of-counsel eighth-amendment-cruel-and-unusual-punishment equal-protection exclusionary-rule forced-entry fourth-amendment restitution ruse search-and-seizure sixth-amendment-right-to-counsel third-party | When police officers attempt to gain voluntary admittance to a residence by use of a ruse, which fails, and are peacably asked to present a search war… |
| 18-6758 | Michael Bordman v. United States | Eighth Circuit | 2018-11-20 | Denied | IFP | child-pornography constitutional-vagueness continued-dissemination due-process harm-disaggregation initial-abuse restitution sentencing supervised-release | Whether the restitution award in child pornography sentencings must disaggregate the harm caused by the initial abuse from the harm caused by the poss… |
| 18-6738 | Jonathone J. Johnson v. United States | Sixth Circuit | 2018-11-19 | Denied | Response WaivedIFP | circuit-court circuit-court-split circuit-split criminal-law-and-procedure criminal-law-procedure de-novo-review due-process ineffective-assistance-of-counsel mandatory-victims-restitution-act presumption remand restitution sentencing | Whether Petitioner was entitled to a de novo resentencing hearing relative to his challenges to the restitution order following remand from the Sixth … |
| 18-6688 | Stephen D. Leonard v. Florida | Florida | 2018-11-14 | Denied | Relisted (2)IFP | civil-procedure civil-rights dade-county due-process public-defender public-leader restitution right-to-counsel standing universal-declaration-of-human-rights | Did the State court violate Petitioner's right to counsel by allowing 'pro waved' Dade County Public Defender to appear on behalf of the court ordered… |
| 18-6647 | Kiran Sharma v. United States | Fifth Circuit | 2018-11-09 | Denied | Response WaivedRelisted (2)IFP | constitutional-rights due-process evidentiary-hearing forfeiture forfeiture-restitution ineffective-assistance-of-counsel mandatory-victim-restitution-act plea-agreement restitution statutory-interpretation third-party-beneficiary trust-corpus | Does the language in the Mandatory Victim Act (MVRA) allow the courts to forfeit the third party beneficiary's 'Trust Corpus' without an 'Evidentiary … |
| 18-6535 | Rodney Williams v. Michigan | Michigan | 2018-11-01 | Denied | IFP | 6th-amendment due-process fourth-amendment-violation jurisdictional-defect jury-trial-rights restitution right-to-counsel sentencing sixth-amendment-right void-judgment void-restitution-order void-sentence | Was defendant denied his constitutional right to counsel at his sentencing and restitution hearing; constituting a void sentence and restitution order… |
| 18-6481 | Jeremy Fontanez v. Joseph Coakley, Warden | Fourth Circuit | 2018-10-29 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 28-usc-2241 bureau-of-prisons circuit-split criminal-sentencing due-process due-process-clause fifth-amendment inmate-financial-responsibility-program mandatory-victims-restitution-act restitution restitution-order voluntary | Does the sentencing court violate the Mandatory Victims Restitution Act (MVRA) when it delegates its restitution payments to the BOP? |
| 18-5934 | Deborah M. Wagner v. United States | Fourth Circuit | 2018-09-11 | Denied | Response WaivedIFP | appeal civil-procedure criminal-appeal criminal-law criminal-procedure district-court-jurisdiction due-process mandatory-victim-restitution-act mvra plea-agreement restitution restitution-order sentencing statutory-authority statutory-interpretation | Whether the district court's restitution order was outside the statutory authority of the MVRA |
| 18-288 | Philip A. Mearing v. United States | Fourth Circuit | 2018-09-05 | Denied | Amici (3) | appellate-review appellate-waiver criminal-appeal criminal-defendant-waiver criminal-procedure due-process plea-agreement plea-bargaining restitution restitution-order sentencing sentencing-procedure statutory-interpretation | Whether a criminal defendant's waiver of the right to appeal his 'sentence' covers an order of restitution |
| 18-5710 | Alejandro Amor v. United States, ex rel. Juan Pena, et al. | Eleventh Circuit | 2018-08-22 | Denied | Response WaivedIFP | double-jeopardy eighth-amendment election-of-remedies estoppel excessive-fines false-claims-act materiality res-judicata restitution seventh-amendment | Whether the False Claims Act 31 U.S.C. 3729-33 (FCA), estoppel provision violates the Seventh Amendment of the Constitution |
| 18-5607 | Friday Ogunyemi James v. United States | Third Circuit | 2018-08-16 | Denied | Response WaivedIFP | criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness | Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the evide… |
| 18-195 | William S. Poff v. United States | Ninth Circuit | 2018-08-14 | GVR | exemption exemptions federal-seizure-law government-seizure incarceration-payments mandatory-victims-restitution-act restitution restitution-enforcement seizure service-connected-disability statutory-exemption statutory-interpretation substantial-resources veterans-disability-benefits | Whether veterans disability benefits paid to an incarcerated individual constitute 'substantial resources' that can be seized under the Mandatory Vict… | |
| 18-5280 | Patrick Lanier v. United States | Fifth Circuit | 2018-07-20 | Denied | Response WaivedRelisted (2)IFP | appeal criminal-procedure eighth-amendment fifth-circuit judicial-proceedings judicial-review manifest-miscarriage plain-error plain-error-review restitution rule-52b sentencing sentencing-error | Whether the plain error standard requires a 'manifest miscarriage of justice' to correct a forfeited error affecting substantial rights |
| 18-5112 | Benjamin Fredrick Charles Robinson v. United States | Sixth Circuit | 2018-07-06 | Denied | Response WaivedIFP | base-offense-level criminal-procedure criminal-sentencing dismissed-count due-process mandatory-minimum restitution sentencing-guidelines statutory-minimum upward-departure | Whether a four-level upward departure for conduct underlying a dismissed count is reasonable when the conduct was already accounted for in the base of… |
| 18-29 | Shailendra Bhawnani, et al. v. United States District Court for the Eastern District of New York, et al. | Second Circuit | 2018-07-05 | Denied | criminal-procedure criminal-restitution fraud judicial-discretion legal-scope mandatory-victims-restitution-act restitution statutory-interpretation victim-compensation victim-definition | Whether the definition of 'victim' under the Mandatory Victims Restitution Act, 18 U.S.C. 3663A(a)(2), includes all victims directly and proximately h… | |
| 18-5035 | Sandra Grazzini-Rucki v. Minnesota | Minnesota | 2018-06-29 | Denied | IFP | civil-procedure coerced-testimony constitutional-law defense-evidence due-process false-statements jurisdiction prosecutorial-misconduct restitution standing statutory-interpretation | Whether the prosecutor committed misconduct by allowing false statements and filing additional charges after a witness was coerced to recant testimony… |