| 25-6454 |
Derek Capozzi v. United States |
First Circuit |
2025-12-30 |
Pending |
Response WaivedIFP |
armed-career-criminal-act collateral-review johnson-retroactivity residual-clause section-2255 sentence-enhancement |
1. Whether, to qualify under 18 U.S.C. § 2255 for relief from a sentence enhancement imposed by operation of the now abrogated residual clause of 18 U… |
| 25-6437 |
Sean Blaine James v. Oregon |
Oregon |
2025-12-29 |
Denied |
Response WaivedIFP |
due-process fifth-amendment fourteenth-amendment grand-jury-clause incorporation-doctrine sentence-enhancement |
Whether the Fourteenth Amendment fully incorporates the Grand Jury Clause of the Fifth Amendment? |
| 24-6553 |
Ramon Caldwell v. Bryan Morrison, Warden |
Sixth Circuit |
2025-02-12 |
Denied |
Response WaivedIFP |
constitutional-rights due-process jury-determination prior-convictions recidivism sentence-enhancement |
Whether a sentence enhancement based on prior convictions violates a defendant's Sixth and Fourteenth Amendment rights by not being submitted to a jur… |
| 24-5648 |
Aramian Scott v. Illinois |
Illinois |
2024-09-26 |
Denied |
IFP |
aggravating-factor constitutional-rights criminal-procedure due-process sentence-enhancement subject-matter-jurisdiction |
Whether a 25-year sentence enhancement is void due to lack of subject matter jurisdiction, insufficient notice, and failure to submit an aggravating f… |
| 24-5468 |
Dennis L. Flint v. Florida |
Florida |
2024-09-05 |
Denied |
IFP |
constitutional-law criminal-procedure double-jeopardy precedent resentencing sentence-enhancement |
Whether a sentence can be enhanced during resentencing without violating double jeopardy principles |
| 23-7106 |
Gemar Morgan v. United States |
Sixth Circuit |
2024-04-01 |
Denied |
Response WaivedIFP |
armed-career-criminal-act criminal-history guideline-commentary sentence-enhancement sentencing-guidelines statutory-interpretation stinson-v-united-states supreme-court-precedent united-states-v-havis |
Whether the U.S. Sentencing Commission's guideline application note 4B1.4 cmt.n.(1) is valid under 18 U.S.C. 924(e) |
| 23-6722 |
Jeffrey Holland v. United States |
Third Circuit |
2024-02-12 |
Denied |
Response WaivedIFP |
crack-cocaine criminal-sentencing due-process fair-trial first-step-act jury-trial sentence-enhancement sentencing-discretion sentencing-enhancements trial-transcript |
Whether a district court can refuse to review intervening changes in facts that contradict and undermine presentence report findings used to apply a s… |
| 23-6435 |
Norman Williams v. Colorado Department of Corrections Time Computation Department, et al. |
Colorado |
2024-01-08 |
Denied |
Response WaivedIFP |
colorado-dept-of-corrections conviction-classification criminal-procedure due-process non-categorical-approach prior-convictions sentence-enhancement sentencing-enhancement time-computation violent-crime |
Does § 17-22.5-403 C.R.S. violate due-process, sentence-enhancement, time-computation, non-categorical-approach, colorado-dept-of-corrections, prior-c… |
| 23-5623 |
Patrick Medearis v. United States |
Eighth Circuit |
2023-09-21 |
Denied |
Response WaivedIFP |
21-usc-846 conspiracy controlled-substance-offense crime-of-violence federal-criminal-law overt-act sentence-enhancement sentencing-guidelines ussg-4b1.2 |
Does conspiracy to distribute a controlled substance qualify as a 'controlled substance offense' under the Sentencing Guidelines? |
| 23-5522 |
Javier Guerra v. United States |
Fifth Circuit |
2023-09-06 |
Denied |
Response WaivedIFP |
certificate-of-appealability criminal-procedure drug-quantities fifth-circuit ineffective-assistance ineffective-assistance-of-counsel sentence-enhancement sentencing-enhancement strickland-standard strickland-v-washington |
Was the defense counsel ineffective according to the Strickland v. Washington 466 U.S. 668 (1984) precedent when failing to alert Guerra about potenti… |
| 23-5453 |
Pedro Ramirez-Urbina v. United States |
Fifth Circuit |
2023-08-25 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment alien-smuggling burden-of-proof causation causation-standard criminal-procedure due-process fifth-amendment sentence-enhancement sixth-amendment |
Whether the Fifth or Sixth Amendments prohibit conduct for which Ramirez was acquitted from being used to enhance his sentence for alien-smuggling |
| 23-5358 |
Devin Jerrod Long v. United States |
Sixth Circuit |
2023-08-15 |
Denied |
IFP |
controlled-substance controlled-substance-offense criminal-law drug-conviction drug-offense federal-judge prior-felony prior-felony-convictions sentence-enhancement sentencing-guidelines |
Can a federal judge impose a sentence enhancement based on a prior drug conviction inclusive of a substance that is no longer controlled at the time o… |
| 23-5254 |
David Serrano-Munoz v. United States |
Third Circuit |
2023-08-01 |
Denied |
Response WaivedIFP |
constitutional-challenge criminal-law due-process legal-definition sentence-enhancement sentencing sexual-abuse statutory-interpretation vagueness void-for-vagueness |
Whether the sentence enhancement provided by 18 U.S.C. § 2251(e) is void for vagueness due to lack of definitions of the term 'sexual abuse' |
| 22-7257 |
Santos Cuevas v. Tina Kotek, Governor of Oregon, et al. |
Ninth Circuit |
2023-04-12 |
Denied |
IFP |
constitutional-review double-jeopardy due-process federal-law judicial-discretion jury-trial sentence-enhancement sentencing sixth-amendment |
Has Oregon's Judiciary and legislature failed to incorporate landmark cases relevant for how and when to enhance a sentence, and to comport with the r… |
| 22-6839 |
Michael O. Brown v. United States |
Sixth Circuit |
2023-02-22 |
Denied |
Response WaivedIFP |
career-offender circuit-court-precedent conspiracy conspiracy-conviction criminal-career-offender prior-convictions sentence-enhancement sentencing-guidelines sixth-circuit state-convictions |
Whether the court erred in failing to grant appellant relief from his sentence enhancement based upon his prior state convictions |
| 22-716 |
Alexander Dockery v. William Lee, Superintendent, Eastern Correctional Facility |
Second Circuit |
2023-02-01 |
Denied |
Response Waived |
circuit-split constitutional-challenge custody-requirement federal-habeas habeas-corpus no-fault-of-petitioner prior-conviction sentence-enhancement |
Is the federal habeas custody requirement met where a petitioner makes a constitutional challenge to a previously unchallenged conviction that was use… |
| 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? |
| 22-5252 |
Carlos Fleitas v. United States |
Eleventh Circuit |
2022-08-02 |
Denied |
Response WaivedIFP |
criminal-procedure due-process eleventh-circuit expert-testimony federal-rules-of-evidence judicial-procedure non-expert-testimony sentence-enhancement sentencing-enhancement writ-of-certiorari |
Should a higher standard, apart from that permitted by Fed. R. Evid. 1101(d)(3), apply when a defendant's sentence is enhanced based on non-expert tes… |
| 21-8053 |
Ron Delano Kuntz v. United States |
Third Circuit |
2022-06-03 |
Denied |
Response WaivedIFP |
concurrent-representation conflict-of-interest crime-of-violence critical-stages cuyler-v-sullivan district-court jury-trial sentence-enhancement sixth-amendment |
Whether a conflict arises when trial counsel's concurrent representation ends prior to trial |
| 21-1282 |
Christopher Ryan Martin v. Nevada |
Nevada |
2022-03-23 |
Denied |
Response Waived |
6th-amendment apprendi-doctrine civil-rights criminal-sentencing due-process jury-trial prior-convictions sentence-enhancement sentencing-factors sixth-amendment |
Whether this Court should overrule AlmendarezTorres in light of Apprendi and its progeny |
| 21-6959 |
Kenneth J. Cox v. Ed Caley, Warden, et al. |
Tenth Circuit |
2022-01-25 |
Denied |
Response WaivedIFP |
AEDPA constitutional-rights federal-law jurisdiction procedural-default representation-right SAOC-elements sentence-enhancement sentence-enhancers state-court-judgment state-prisoner state-prisoners-claim |
Whether the jurisdiction of this court is invoked under 28-U.S.C.-1257(a) |
| 21-6282 |
Tannous Fazah v. United States |
Ninth Circuit |
2021-11-15 |
Denied |
IFP |
circuit-split criminal-sentencing drug-conspiracy due-process federal-sentencing mandatory-minimum misdemeanor-reclassification prior-conviction prior-convictions retroactive-reclassification sentence-enhancement |
Whether the sentence enhancements for prior felony drug convictions apply to state felony convictions that have been recalled and resentenced as misde… |
| 20-8234 |
Arian Lamont Brown v. United States |
Sixth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
career-criminal-guideline criminal-procedure en-banc en-banc-review judicial-discretion mandate mandate-recall precedent sentence-enhancement sentencing sixth-circuit |
Did the United States Court of Appeals for the Sixth Circuit abuse its discretion and err by denying the Motion to Recall the Mandate |
| 20-7977 |
Bobby Carl Terrick v. Darrel Vannoy, Warden |
Fifth Circuit |
2021-05-10 |
Denied |
Response WaivedIFP |
constitutional-rights criminal-procedure due-process ex-post-facto sentence-enhancement sentencing |
Whether the petitioner's due process rights were violated by the imposition of a sentence enhancement created after the commission of the offense |
| 20-7737 |
Marjuan Shondell Fleming v. United States |
Sixth Circuit |
2021-04-14 |
Denied |
Response WaivedIFP |
circuit-split constitutional-rights crack-cocaine criminal-justice-reform criminal-procedure first-step-act post-conviction right-to-counsel sentence-enhancement sentencing sixth-amendment statutory-interpretation |
Whether the First, Fourth, and Sixth Circuits have erred in their interpretation of the 'covered offense' provision of the First Step Act of 2018, inv… |
| 20-7617 |
Willie Lee Lewis v. United States |
Eleventh Circuit |
2021-03-31 |
GVR |
Relisted (4)IFP |
armed-career-criminal-act controlled-substances-act felony-drug-offense first-step-act sentence-enhancement serious-drug-offense statutory-interpretation |
Does the First Step Act's addition of a definition for 'felony drug offense' to section 102 of the Controlled Substances Act, 21 U.S.C. § 802, also al… |
| 20-6231 |
Mark Zavala v. Kim Holland, Warden, et al. |
Ninth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fair-trial fourteenth-amendment gang-enhancement sentence-enhancement street-terrorism-act unitary-proceeding |
Does the trial of a sentence enhancement allegation under California's Street Terrorism Enforcement and Prevention Act in a unitary proceeding with th… |
| 20-447 |
Francisco Rodriguez-Castro v. United States |
Fifth Circuit |
2020-10-08 |
Denied |
Response Waived |
28-usc-2255 career-offender criminal-sentencing miscarriage-of-justice petition-for-certiorari post-conviction-relief procedural-error section-2255 sentence-enhancement |
Whether the Fifth Circuit erred in holding that Rodriguez's erroneous sentence enhancement as a career offender was not a miscarriage of justice entit… |
| 20-400 |
James Avery, Jr. v. United States |
Eleventh Circuit |
2020-09-29 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
armed-career-criminal-act burglary-statute circuit-split criminal-procedure divisibility divisible-statute sentence-enhancement statutory-interpretation |
Whether a state burglary statute is divisible for purposes of a sentence enhancement under the Armed Career Criminal Act |
| 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… |
| 19-1365 |
Ramon Hueso v. J. A. Barnhart, Warden |
Sixth Circuit |
2020-06-12 |
Denied |
Relisted (2) |
28-usc-2255 circuit-law circuit-split federal-prisoner habeas-corpus mandatory-minimum post-conviction-relief retroactivity savings-clause sentence-enhancement sentencing sentencing-enhancement |
Whether an individual serving a wrongfully enhanced sentence is barred from obtaining relief solely because the wrongfulness of the sentence was estab… |
| 19-8132 |
Antoine T. Chest v. Michael P. Bald, Judge, Circuit Court of Illinois, Stephenson County |
Illinois |
2020-03-31 |
Denied |
IFP |
bodily-harm consecutive-sentences criminal-law criminal-sentencing cruel-and-unusual-punishment due-process judicial-discretion legal-ambiguity sentence-enhancement sentencing-interpretation statutory-construction statutory-interpretation |
Whether concurrent sentences are mandated by statute when the petitioner was found to have caused bodily harm, not severe bodily injury |
| 19-8129 |
Charles Ben Bounds v. United States |
Fifth Circuit |
2020-03-27 |
Denied |
Response WaivedIFP |
appeal bounds-case court-of-appeals criminal-appeal criminal-procedure due-process fifth-circuit jurisdiction legal-review sentence-enhancement sentencing statutory-interpretation |
Whether the Fifth Circuit Court of Appeals erred in affirming the application of Sentence Enhancement |
| 19-8034 |
Whitney Atkinson v. United States |
Sixth Circuit |
2020-03-18 |
Denied |
Response WaivedIFP |
crack-cocaine drug-offense fair-sentencing-act first-step-act mandatory-minimum retroactive-application sentence-enhancement statutory-interpretation |
Did Mr. Atkinson receive a sentence for a covered drug offense, such that he should be eligible for retroactive application of the Fair Sentencing Act… |
| 19-780 |
Willie Newton v. United States |
Seventh Circuit |
2019-12-17 |
Denied |
Response Waived |
criminal-procedure custis-v-united-states drug-offense due-process federal-sentencing habeas-corpus johnson-v-united-states post-conviction-relief prior-conviction proposition-47 sentence-enhancement sentencing state-law state-sentencing |
Under what circumstances is successful post-conviction litigation a 'successful attack' on a prior state sentence? |
| 19-5857 |
Jonathan P. Flom v. United States |
Second Circuit |
2019-09-06 |
Denied |
Response WaivedIFP |
acquittance civil-rights confrontation-clause constitutional-violation deliberation due-process fundamental-error government-misconduct material-disclosure sentence-enhancement vacatur |
Whether the Sense of Remized Plea Bargaining Acceptance provides exclusive Sixth Amendment right, requiring VACATUR |
| 19-5420 |
Kendrick Terrell v. United States |
Eleventh Circuit |
2019-07-31 |
Denied |
Response WaivedIFP |
appeal criminal-procedure due-process eighth-amendment ineffective-assistance ineffective-assistance-of-counsel plain-error prior-charges sentence-enhancement sentencing sentencing-calculation sentencing-guidelines sixth-amendment |
Whether the Petitioner's Sixth Amendment Rights were violated |
| 19-5289 |
Pharoah Brazell v. Louisiana |
Louisiana |
2019-07-23 |
Denied |
Response WaivedIFP |
constitutional-violation criminal-procedure criminal-sentencing due-process evidence forged-guilty-plea guilty-plea habitual-offender miranda-rights plea-bargaining right-to-attorney-during-questioning right-to-counsel right-to-remain-silent sentence-enhancement sentencing |
Can the State use a forged Guilty Plea form from a Florida predicate offense and used it to enhance his sentence as a Habitual Offender? |
| 19-5268 |
Thomas Bois v. United States |
First Circuit |
2019-07-22 |
Denied |
Response WaivedIFP |
assault-with-dangerous-weapon crime-of-violence enumerated-offenses federal-sentencing force-clause massachusetts-assault massachusetts-assault-with-dangerous-weapon massachusetts-law sentence-enhancement sentencing-guidelines statutory-interpretation |
Whether a prior conviction for Massachusetts Assault with a Dangerous Weapon qualifies as a crime of violence for sentence enhancement purposes under … |
| 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… |
| 18-9842 |
Alpidio Gonzalez v. Ralph Hanson, Warden |
Fifth Circuit |
2019-06-27 |
Denied |
Response WaivedIFP |
2241 2241-petition 2255 2255-motion habeas-corpus judicial-review mathis-v-united-states prior-conviction saving-clause savings-clause sentence-enhancement |
How can a person show that a Writ of Habeas Corpus 2241 is the proper way to demonstrate he is entitled relief when the lower courts deny a motion, wi… |
| 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… |
| 18-9664 |
Lilron Ravon Jones v. California |
California |
2019-06-13 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
apprendi apprendi-rule Apprendi-v-New-Jersey constitutional-procedure Descamps due-process jury-trial jury-trial-right juvenile-adjudication Mathis prior-conviction-exception sentence-enhancement sentencing-enhancement sixth-amendment |
Whether it is constitutionally permissible to use a prior juvenile adjudication to enhance a sentence regardless of whether the juvenile had a right t… |
| 18-1304 |
Richard Ashbaugh v. United States |
Fourth Circuit |
2019-04-15 |
Denied |
Response Waived |
burrage-decision burrage-v-united-states collateral-review criminal-law due-process habeas-corpus retroactive-application retroactivity sentence-enhancement sentencing statutory-interpretation substantive-rule |
Whether the courts below erred by failing to hold that this Court's decision in Burrage announced a substantive rule that courts must apply retroactiv… |
| 18-8187 |
Kelley Toney v. David Stock, Warden |
Illinois |
2019-02-28 |
Denied |
Response WaivedIFP |
civil-rights constitutional-rights corrections-department due-process sentence-enhancement sentencing sentencing-procedure statutory-interpretation supervised-release |
Should a convicted person be fully admonished at sentencing? |
| 18-8156 |
In Re Dennis Bowden |
|
2019-02-27 |
Denied |
Response WaivedIFP |
acquitted-conduct collateral-review due-process habeas-corpus nelson-v-colorado retroactive-application retroactivity sentence-enhancement sentencing united-states-v-watts |
Whether the Court should issue a writ of habeas corpus on the ground that Nelson v. Colorado has been or should be made retroactively applicable to ca… |
| 18-7966 |
Desmond Smith v. J. A. Terris, Warden |
Sixth Circuit |
2019-02-14 |
Denied |
Response WaivedRelisted (2)IFP |
armed-career-criminal-act constitutional-rights drug-offense generic-federal-offense generic-offense sentence-enhancement serious-drug-offense state-law-definition state-statute |
Whether the ACCA's definition of a 'serious drug offense' imposes a sentence enhancement or make an exception when a state's definition of 'delivery a… |
| 18-7624 |
Mario Griffin v. Michael Clark, Superintendent, State Correctional Institution at Albion, et al. |
Third Circuit |
2019-01-29 |
Denied |
IFP |
abuse-of-discretion apprendi-v-new-jersey apprendi-violation cruel-and-unusual-punishment due-process federal-law illegal-sentence ineffective-assistance ineffective-assistance-of-counsel judicial-discretion judicial-integrity manifest-injustice miscarriage-of-justice sentence-enhancement sentencing |
Does the sentence imposed constitute an illegal sentence under federal law and represent a manifest injustice calling in question the integrity of the… |
| 18-6926 |
James Valentine v. United States |
Eleventh Circuit |
2018-12-06 |
Denied |
Response WaivedRelisted (2)IFP |
circuit-court-conflict circuit-court-review circuit-split controlled-substance controlled-substance-offense criminal-sentencing criminal-sentencing-enhancement drug-conviction due-process ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentence-enhancement sentencing-guidelines statutory-interpretation |
Did the Eleventh Circuit Court of Appeals commit error in applying 21 U.S.C. §851 sentence enhancement? |
| 18-6896 |
Jeffrey S. Wingate v. United States |
Sixth Circuit |
2018-12-03 |
Denied |
Response WaivedIFP |
due-process fifth-amendment grand-jury ineffective-assistance ineffective-assistance-of-counsel presentment presentment-clause sentence-enhancement sentencing strickland strickland-standard uncharged-conduct |
Does a substantially greater sentence imposed based primarily on a count for which a grand jury refused to indict and which did not appear in a supers… |
| 18-6817 |
Michael Albert Focia v. United States |
Eleventh Circuit |
2018-11-26 |
Denied |
Response WaivedIFP |
criminal-procedure due-process judge-vs-jury judicial-fact-finding jury-instructions jury-trial obstruction-of-justice pro-se sentence-enhancement sentencing separation-of-powers sixth-amendment |
Whether the court's instructions to the jury violated the Separation of Powers doctrine |
| 18-6418 |
Denver Ivan Wilson v. Florida |
Florida |
2018-10-24 |
Denied |
Response WaivedIFP |
civil-rights due-process fourteenth-amendment habeas-corpus ineffective-assistance-of-counsel procedural-due-process sentence-enhancement sentencing-enhancement sixth-amendment |
Whether the trial court's denial of petitioner's writ of habeas corpus led to a violation of the petitioner's constitutional rights under the Fourteen… |
| 18-6056 |
Harley Blevins, Sr. v. Florida |
Florida |
2018-09-20 |
Denied |
Response WaivedIFP |
almendarez-torres constitutional-law criminal-procedure criminal-punishment-code due-process jury-trial jury-verdict prior-conviction sentence-enhancement sentencing sentencing-enhancement sixth-amendment |
Whether Florida's Prison Releasee Reoffender Act is unconstitutional and a violation of the Sixth Amendment in light of Hurst v. Florida, Alleyne v. U… |
| 18-5308 |
O'Neil Anthony Harris v. United States |
Eleventh Circuit |
2018-07-20 |
Denied |
Response WaivedIFP |
advisory-guidelines congressional-intent guideline-amendment judicial-discretion sentence-enhancement sentencing-factors sentencing-guidelines sentencing-reform upward-variance |
Whether a district court disregards congressional intent and imposes an unreasonable sentence when it applies an upward variance to the advisory sente… |
| 18-5241 |
Victor Maturino v. United States |
Fifth Circuit |
2018-07-16 |
Denied |
Response WaivedIFP |
administrative-law commentary-amendments destructive-devices double-jeopardy due-process firearms firearms-possession guideline-commentary offense-level-increases rulemaking-authority sentence-enhancement sentencing-commission-process sentencing-guidelines statutory-interpretation |
Whether the Sentencing Commission may amend the commentary to the Sentencing Guidelines to create new categories of conduct that increase sentences wi… |