section-404

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23-5228 Patrick Frederick Williams v. United States Eleventh Circuit 2023-07-27 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split first-step-act procedural-reasonableness section-404 sentencing-reduction substantive-reasonableness Whether appellate review for 'abuse of discretion' of a district court's denial of a sentence reduction under Section 404(b) of the First Step Act req…
22-5562 Christopher Alexander v. United States Fifth Circuit 2022-09-12 Denied Response WaivedIFP due-process first-step-act government-response judicial-discretion misinformation reply section-404 sentencing sentencing-variance upward-variance Whether Petitioner was denied his due process rights when the district court granted his Section 404 of the First Step Act motion, but imposed upward …
21-6426 Lee Dale White v. United States Fifth Circuit 2021-11-24 Denied IFP appellate-review criminal-justice-reform first-step-act section-404 sentencing substantive-reasonableness Whether a district court's denial of a motion for relief from under Section 404 of the First Step Act is subject to substantive reasonableness review?
21-6190 Joe Lewis Finley v. United States Fifth Circuit 2021-11-04 Denied IFP appellate-review criminal-justice-reform first-step-act section-404 sentencing substantive-reasonableness Whether a district court's denial of a motion for relief from under Section 404 of the First Step Act is subject to substantive reasonableness review?
21-5634 Michael D. Forbes v. United States Third Circuit 2021-09-09 Denied IFP appellate-review criminal-resentencing criminal-sentencing first-step-act guideline-range reasonableness-standard section-404 sentencing-guidelines sentencing-review Should the reasonableness standard apply on appellate review of a ruling on a motion under Section 404 of the First Step Act?
21-5348 James H. Bates v. United States Fifth Circuit 2021-08-12 Denied Response RequestedResponse WaivedRelisted (2)IFP 18-usc-3553a criminal-sentencing discretionary-review district-court-discretion first-step-act individualized-explanation section-404 sentencing-factors statutory-interpretation Are district courts required to consider the sentencing factors listed in 18 U.S.C. § 3553(a) when deciding whether to impose a reduced sentence under…
20-6819 Frantz Sterlin v. United States Eleventh Circuit 2021-01-11 Denied Response WaivedIFP criminal-justice criminal-sentencing eligibility fair-sentencing-act first-step-act section-404 sentence-reduction sentencing-reduction u.s.-senate-bill-756 Whether Petitioner was eligible for a First Step Act reduction of his sentence
19-8877 Patrick D. Lomas v. United States Fifth Circuit 2020-07-01 Denied Response WaivedIFP abuse-of-discretion criminal-procedure discretion fair-sentencing-act first-step-act judicial-discretion section-404 sentencing sentencing-reduction statutory-interpretation Did the District Court abuse its discretion in denying Petitioner's motion for sentence reduction under the First Step Act and Fair Sentencing Act?
19-6255 Kunta Kenta Redd v. United States Fourth Circuit 2019-10-11 Denied Response WaivedIFP crack-cocaine crack-cocaine-sentencing criminal-justice-reform due-process first-step-act retroactivity section-404 sentencing-disparity sentencing-guidelines sentencing-reform sixth-amendment statutory-interpretation Whether the petitioner is entitled to relief from denial of a 404 motion at the district court level in light of the First Step Act