sentencing-claim

3 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6888 Russell Wayne Driver v. United States Fifth Circuit 2025-03-31 Denied Response WaivedIFP certificate-of-appealability constitutional-error fifth-circuit habeas-corpus ineffective-assistance sentencing-claim Whether the Fifth Circuit's denial of a certificate of appealability for a §2255 claim of ineffective assistance of counsel is irreconcilable with con…
23A657 Pedro Rodriguez v. Jeff Macomber, Secretary, California Department of Corrections and Rehabilitation Ninth Circuit 2024-01-17 Presumed Complete constitutional-violation criminal-procedure due-process fair-trial post-conviction sentencing-claim Whether the lower court's denial of a post-conviction relief claim involving alleged constitutional violations in the petitioner's criminal trial and …
19-6600 Barry Lernard Davis v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP 2255-motion 60b-motion abuse-of-discretion coa-brief court-of-appeals due-process evidentiary-hearing manifest-injustice procedural-due-process psr psr-challenge section-2255 sentencing-claim sentencing-evidence sentencing-issue sentencing-review Where petitioner attacked evidence; State's Certified Motion to Dismiss allegation in his PSR, of R.D., to his 2255 Motion, and argued his evidence in…