sentencing-error

90 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6465 Ledale Deanthony Sawyer v. United States Fifth Circuit 2025-12-31 Pending IFP appeal-waiver appellate-review criminal-procedure habeas-corpus legal-argument sentencing-error Whether a defendant's appeal waiver bars appellate review of a clear sentencing error when the defendant preserved the exact legal argument below and …
25-6396 Javier Rivera Franco v. Texas Texas 2025-12-17 Pending IFP conviction-validity criminal-procedure due-process habeas-corpus judicial-procedure sentencing-error Whether the trial court's failure to orally render and pronounce a sentence violates a defendant's due process rights and renders a 75-year conviction…
25-6142 John Elwood Tyrone Martin v. United States Fourth Circuit 2025-11-17 Pending IFP appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error Whether the mandate rule precludes a district court from considering a defendant's motion to withdraw a guilty plea after a court of appeals remands f…
25A526 Martin Gutierrez-Barba v. United States Ninth Circuit 2025-11-06 Application 18-usc-3553a appellate-review circuit-split federal-sentencing preservation-of-error sentencing-error Whether a defendant must raise an objection after sentencing to preserve a nonfrivolous sentencing argument based on 18 U.S.C. § 3553(a) factors that …
25-5914 Martins Inalegwu v. United States Third Circuit 2025-10-20 Pending IFP appellate-review criminal-procedure harmless-error judicial-discretion sentencing-error variance Whether a district judge can render sentencing errors harmless by stating it would have imposed the same sentence regardless of any error, or by simpl…
25-5018 Lakeith Lynn Washington v. United States Fifth Circuit 2025-07-02 Denied Response WaivedIFP apprendi-error armed-career-criminal-act constitutional-error harmless-error judicial-review sentencing-error Whether Apprendi errors, including Erlinger violations, should be treated as trial errors subject to the Neder harmless-error test or as sentencing er…
24-7093 Alfred Velazquez v. United States Ninth Circuit 2025-04-29 Denied Response WaivedIFP circuit-split criminal-procedure judicial-review presentence-report sentencing-error structural-error Did the Ninth Circuit's disposition of Petitioner's claim under Rule 32(i)(1)(A) of the Federal Rules of Criminal Procedure conflict with the Sixth Ci…
24-6658 Donald Conelious Voltz v. United States Eleventh Circuit 2025-02-26 Denied Response WaivedIFP armed-career-criminal-act harmless-error-review judicial-finding preponderance-of-evidence sentencing-error structural-error Where a district court has erred in sentencing a defendant under the Armed Career Criminal Act based on a judicial finding by a preponderance of the e…
24-6543 Devin Chaney v. United States Fifth Circuit 2025-02-11 Pending Response RequestedResponse WaivedRelisted (4)IFP appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-agreement sentencing-error Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and…
24-6505 Jerome Jones v. United States Fifth Circuit 2025-02-07 Denied Response RequestedResponse WaivedRelisted (2)IFP appeal-waiver circuit-split criminal-procedure plea-agreement sentencing-error statutory-right Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made errors as part of his plea agreemen…
24-6181 Richard Grier v. United States Fourth Circuit 2024-12-20 Denied Response WaivedIFP case-dismissal court-discretion discovery-motion guilty-plea judicial-review sentencing-error Did the lower court abuse its discretion when it denied petitioner's motion to receive discovery files and dismissed the case in December 2022 despite…
24-6145 Jermaine Jamaica Campbell, Sr. v. William Gittere, Warden, et al. Ninth Circuit 2024-12-16 Denied IFP certificate-of-appealability habeas-corpus ineffective-assistance ninth-circuit-standard procedural-default sentencing-error Whether the Ninth Circuit Court of Appeals misapplied the standard governing the grant of a certificate of appealability for a federal habeas petition…
24-6060 Albert Trampis Dogskin v. United States Ninth Circuit 2024-12-03 Denied Response WaivedIFP appeal-waiver circuit-split false-information judicial-discretion plea-agreement sentencing-error Whether there is an exception to an appeal waiver in a plea agreement where the district court relied on false or unreliable information in sentencing
24-5600 Abimael Narvaez-Rosa v. United States First Circuit 2024-09-20 Denied Response WaivedIFP criminal-procedure first-circuit incarceration-term judicial-breach plea-agreement sentencing-error Whether the First Circuit erred in rejecting a sentencing claim when the district court and government breached a plea agreement by imposing a sentenc…
23-7116 Ricky L. Reese v. Oklahoma Oklahoma 2024-04-01 Denied IFP competency constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance judicial-review sentencing-error statute-of-limitations Does a person who is convicted have the right to judicial review from the courts even if they did not file within one year of their sentence becoming …
23-6924 Leonard Farrell Willis v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2024-03-07 Denied IFP actual-innocence certificate-of-appealability exhaustion-doctrine habeas habeas-corpus limitation-period mcquiggin-v-perkins procedural-bars procedural-default sentencing-error Does a federal habeas petitioner's claim of actual innocence of a non-capital sentence exception operate, in the wake of McQuiggin v. Perkins, 133 S.C…
23-6754 Rodwick F. Abadam v. United States Ninth Circuit 2024-02-14 Denied Response WaivedIFP 2nd-amendment appellate-review appellate-waiver constitutional-violation miscarriage-of-justice plea-agreement second-amendment sentencing sentencing-error Did the Ninth Circuit err when it failed to find that sentencing errors that violated Mr. Abadam's Second Amendment rights can amount to a 'miscarriag…
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…
23-6134 Rajon Jamison v. United States Sixth Circuit 2023-11-29 Denied Response WaivedIFP armed-career-criminal-act armed-career-offender base-level base-level-calculation constitutional-rights criminal-procedure due-process juvenile-conviction sentencing-error sentencing-guidelines statutory-interpretation Whether the trial court erred in applying a 26-point base level instead of the appropriate 24-point base level, and in sentencing the petitioner under…
23-6070 Eric V. Bartoli v. United States Sixth Circuit 2023-11-21 Denied Response WaivedIFP criminal-procedure ex-post-facto habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargain plea-bargaining prosecutorial-misconduct sentencing sentencing-error statutory-maximum Whether a guilty plea should be vacated when the underlying plea bargain contains an error of law (an illegal sentence) at its core
23-5608 George Butler v. Mississippi Mississippi 2023-09-19 Denied IFP civil-rights constitutional-violation criminal-procedure due-process habeas-corpus habitual-offender indictment ineffective-assistance-of-counsel ineffective-counsel intervening-decision sentencing-error Whether the conviction and/or sentence was in violation of the United States Constitution, Mississippi Constitution, and Laws of Mississippi
23-5150 Augustus Quintrell Light v. United States Eighth Circuit 2023-07-20 Denied Response WaivedIFP constitutional-due-process criminal-procedure government-misconduct illegal-sentence ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining prosecutorial-discretion sentencing sentencing-error Did the Eighth Circuit Court of Appeals commit plain error when it found that the district court did not abuse its discretion in denying petitioner's …
23-5059 Savon Hardaway v. United States Fourth Circuit 2023-07-07 Denied Response WaivedIFP career-offender criminal-procedure felon-in-possession guilty-plea harmless-error mens-rea plea-agreement rehaif-advisement rehaif-v-united-states sentencing-error Whether Mr. Hardaway made a sufficient showing that if he had been properly advised, there is a reasonable probability that he would not have pleaded …
22-7569 Andrew Payton v. United States Fifth Circuit 2023-05-16 Denied Response WaivedIFP appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors voluntary-forfeiture Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl…
22-7389 Gerald Lee Banks v. A. W. Wingfield, Acting Warden Fourth Circuit 2023-04-27 Denied Response WaivedIFP appeal appellant-court case-law criminal-procedure due-process fourth-circuit judicial-review legal-precedent precedent sentencing-error Did the Appellant err when it violated its own precedent in denying Banks sentencing error?
22-7288 Gilberto Gonzalez-Enriquez v. United States Fifth Circuit 2023-04-14 Denied Response WaivedIFP appellate-review criminal-procedure due-process error-calculation harmless-error judicial-discretion sentencing sentencing-error sentencing-guidelines standard-of-review u.s-sentencing-guidelines Whether a sentencing court can insulate a substantial error in calculating the U.S. Sentencing Guidelines range from appellate review simply by assert…
22-6789 Juan Francisco Turcios v. Texas Texas 2023-02-15 Denied IFP compensation criminal-procedure due-process illegal-confinement judicial-discretion judicial-misconduct plea-agreement plea-bargain sentencing sentencing-error Whether the 20-year sentence imposed was legal after the plea bargain agreement for no more than 10 years was approved
22-738 Robert A. Mangine v. Shannon D. Withers, Warden Seventh Circuit 2023-02-07 Denied Relisted (2) 18-usc-3582 career-offender circuit-split habeas-corpus miscarriage-of-justice savings-clause sentence-reduction sentencing-error sentencing-errors statutory-rights Whether and under what circumstances relief is available under § 2255(e) for federal prisoners challenging errors in their sentences
22-6702 Jason Boyet v. United States Fifth Circuit 2023-02-06 Denied Response WaivedIFP appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors waiver-enforceability Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl…
22-6436 Timothy D. Robertson v. Illinois Illinois 2022-12-30 Denied IFP due-process effective-assistance-of-counsel post-conviction-petition prior-conviction reversal sentencing sentencing-error sixth-amendment Whether the petitioner's Sixth Amendment right to effective assistance of counsel was violated when the trial court failed to conduct a hearing on the…
22-6392 Adam Tello v. United States Fifth Circuit 2022-12-23 Denied Response WaivedIFP appellate-review civil-rights criminal-procedure due-process ineffective-assistance jurisdiction jurisdictional-defect legal-correction sentencing sentencing-error standing strickland-standard Whether a jurisdictional defective sentence must be noticed, heard, adjudicated and legally corrected at any time, whether on appeal or any other moti…
22-6067 Yazan Al-Madani v. United States Sixth Circuit 2022-11-16 Denied Response WaivedIFP appellate-review enterprise fraud hobbs-act mens-rea public-official rico rico-act sentencing-error victim Whether an entity can be both an 'enterprise' and a 'victim' under RICO
22-5206 Shain Duka v. United States Third Circuit 2022-07-27 Denied Response RequestedResponse WaivedRelisted (2)IFP 924(c) actual-innocence circuit-court-review concurrent-sentence-doctrine criminal-conviction criminal-procedure invalid-conviction judicial-procedure jury-instruction sentencing-error statutory-interpretation Whether the Third Circuit Erred in Utilizing the Concurrent Sentence Doctrine to Uphold a Concededly Invalid 924(c) Conviction
21-7709 David C. Morris v. Ohio Ohio 2022-04-28 Denied IFP cruel-and-unusual-punishment direct-appeal ineffective-assistance-of-counsel res-judicata sentencing sentencing-error statutory-authority statutory-authorization Whether res judicata may bar correction of a sentence of 'natural life' that does not exist and is not authorized by statute, which constitutes cruel …
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 3&S?
21-7486 Eric Jamar Goodall v. United States Ninth Circuit 2022-03-29 Denied Response WaivedIFP criminal-appeal illegal-sentence jurisdictional-defect ninth-circuit plea-agreement sentencing-error waiver waiver-doctrine Did the Ninth Circuit err in dismissing the appeal when Mr. Goodall's plea agreement contains a count of conviction and resulting sentence that is no …
21-6701 Nakyia D. Parker v. Douglas Fender, Warden Sixth Circuit 2021-12-22 Denied Response WaivedIFP consecutive-sentences constitutional-rights constructive-possession criminal-evidence due-process fair-trial jury-instructions motion-to-suppress sentencing-error sufficiency-of-evidence Whether Parker was denied a fair and impartial trial due to several major constitutional and due process right violations
21-6687 Rory Lee Zirkelbach v. United States Eighth Circuit 2021-12-21 Denied Response WaivedIFP 18-usc-3582 career-offender district-court-discretion extraordinary-and-compelling extraordinary-reasons sentence-reduction sentencing-disparity sentencing-error sentencing-guideline statutory-interpretation Whether a sentencing error and resulting disparity can constitute an 'extraordinary and compelling reason' for a sentence reduction under 18 U.S.C. § …
21-6542 Juan Trujillo v. United States Fifth Circuit 2021-12-07 Denied Response WaivedIFP appellate-review clear-error criminal-procedure judicial-discretion limited-remand plain-error remand-standard sentencing sentencing-error statutory-maximum substantial-rights Whether a limited remand to assess the impact of a plain error on a defendant's substantial rights extends to miscalculations of the statutory maximum
21-6240 Michael Roger Clemons, aka Chinaman v. United States Fourth Circuit 2021-11-12 Denied Response WaivedIFP appellate-review district-court guidelines-error harmless-error sentencing-error standard-of-review Whether any procedural sentencing error can be deemed harmless if the district court announces, without further explanation, that it would have impose…
21-5801 Carlos Benitez Penalosa v. United States Ninth Circuit 2021-09-28 Denied Response WaivedIFP appellate-review appellate-waiver circuit-split criminal-sentencing miscarriage-of-justice plain-error plea-agreement sentencing-error Did the Ninth Circuit err when it failed to find that a sentencing error can amount to a 'miscarriage of justice' allowing appellate review even if th…
21-5499 Joel Reyna-Aragon v. United States Fifth Circuit 2021-08-30 Denied Response WaivedIFP burden-of-proof court-of-appeals-division federal-sentencing-guidelines molina-martinez-v-united-states presumption-of-prejudice sentencing-error Whether an error in applying the Federal Sentencing Guidelines occasions a presumption of prejudice?
21-5286 Gerald M. Calmese v. Arizona Arizona 2021-08-04 Denied IFP conviction criminal-indictment double-jeopardy due-process essential-elements fraudulent-schemes indictment legal-sufficiency multiplicity sentencing-error Is there legally sufficient evidence to establish beyond a reasonable doubt the required element for fraudulent schemes for which the petitioner was c…
21-5185 Lexton Pellew v. United States District of Columbia 2021-07-22 Denied Response WaivedIFP appeal conviction-count criminal-procedure double-jeopardy due-process jury-instruction jury-instructions legal-review sentence-calculation sentencing sentencing-error Whether the convictions on counts 13-14 should be vacated due to erroneous jury instructions, given that the 10-year consecutive sentence was derived …
20-8221 Terrence Lavaron Thomas v. Michigan Michigan 2021-06-03 Denied IFP constitutional-rights criminal-defense due-process ineffective-assistance plea-withdrawal right-to-counsel right-to-speedy-trial sentencing sentencing-error speedy-trial Was defense counsel ineffective in failing to contest the sufficiency of evidence?
20-7473 Ivan Dario Obregon v. United States Fifth Circuit 2021-03-17 Denied Response WaivedIFP appeal-waiver criminal-law criminal-sentencing due-process federal-jurisdiction federal-procedure judicial-discretion plain-error plea-agreement sentencing-error sentencing-guidelines Are unforeseeable sentencing mistakes beyond the scope of federal appeal waivers?
20-7313 Leonard Glen Overmyer, III v. United States Sixth Circuit 2021-03-03 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion post-conviction-relief sentencing sentencing-error supervised-release Whether a Defendant should be allowed to seek a reduction of, or discharge from, an imposed supervised release after being improperly sentenced, and r…
20-6631 Aaron Sebastian Redmond v. United States Fifth Circuit 2020-12-15 Denied Response WaivedIFP advisory-sentencing constitutional-law district-court-discretion due-process federal-sentencing fifth-circuit guidelines-error harmless-error sentencing-error sentencing-guidelines Whether the Fifth Circuit's rule that a Guidelines error is harmless if the district court states it would have imposed the same sentence regardless o…
20-6516 Eric Dynell McGadney v. United States Eleventh Circuit 2020-12-03 Denied Response WaivedIFP appellate-review criminal-procedure eleventh-circuit judicial-discretion molina-martinez per-se-rule prejudice prejudicial-error sentencing-error sentencing-framework sentencing-guidelines Whether a sentencing court's statement that it would have imposed the same sentence regardless of the Guidelines creates a per se rule that a miscalcu…
20-6390 Rigoberto Cabrera v. United States Eleventh Circuit 2020-11-19 Denied Response WaivedIFP certificate-of-appealability due-process evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-amount prosecutorial-misconduct sentencing sentencing-error witness-testimony Whether Cabrera received ineffective assistance of counsel
20-6305 Roosevelt Leon Cooper v. United States Eleventh Circuit 2020-11-13 Denied Relisted (2)IFP criminal-law criminal-procedure due-process felon-in-possession firearm-statute guilty-plea plain-error sentencing sentencing-error Whether a defendant who pleaded guilty to possessing a firearm as a felon is automatically entitled to plain error relief if the district court did no…
20-6079 In Re Dale McKenzie 2020-10-20 Denied IFP constitutional-violation conviction-challenge criminal-procedure due-process ineffective-assistance ineffective-assistance-of-counsel prejudice-standard sentencing sentencing-error trial-court-discretion unconstitutional-law void-conviction Has prejudice been shown where the trial court overruled the defendant's motion for continuance to show that his prior Georgia conviction was void, an…
19-8260 Alvin Fulton v. New York New York 2020-04-15 Denied IFP criminal-procedure double-jeopardy due-process ex-post-facto fundamental-miscarriage judicial-discretion post-release-supervision sentencing sentencing-error sex-offenses Whether issuance of the writ is agreeable to the usages and principles of law, whether the State of New York Court of Appeals has decided an important…
19-7877 Tyrone Rogers v. Josie Gastelo, Warden Ninth Circuit 2020-03-05 Denied IFP Conflict-counsel Enhanced-sentence In-custody in-custody-determination ineffective-assistance Ineffective-assistance-of-counsel new-trial ninth-circuit-conflict procedural-default Procedural-defaults sentencing-error Sexual-elements Sentencing-error
19-7304 Anthony Michael Salazar v. United States Tenth Circuit 2020-01-16 Denied Response WaivedIFP case-law certificate-of-appealability criminal-procedure-appeal due-process habeas-corpus illegal-sentence incarceration judicial-review sentencing sentencing-error united-states-v-haymond Whether the Court of Appeals erred in denying a Certificate of Appealability when the Petitioner is incarcerated on an illegally-imposed sentence in l…
19-7013 Kenneth M. Gray v. Paul S. Kemper, Warden Seventh Circuit 2019-12-19 Denied Response WaivedIFP civil-rights confession criminal-procedure due-process false-confession false-promises ineffective-assistance interrogation no-merit-report parent-attorney post-conviction-counsel sentencing sentencing-error waiver waiver-petition Whether the petitioner's constitutional rights were violated due to ineffective assistance of post-conviction counsel, false promises by detectives du…
19-6928 Lee Dale Lofton, Jr. v. Wendy Kelley, Director, Arkansas Department of Correction Eighth Circuit 2019-12-12 Denied Response WaivedRelisted (2)IFP appeals civil-rights constitutional-violations criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-error sixth-amendment standing Whether the petitioner was denied effective assistance of counsel and due process under the Sixth and Fourteenth Amendments when the district court fa…
19-6146 Hector Rosario-Rivera v. United States First Circuit 2019-10-03 Denied Response WaivedIFP constitutional-rights due-process due-process,sixth-amendment,fifth-amendment,ineffe fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing sentencing-error sixth-amendment Whether the Petitioner's Fifth and Six Amendment Rigths were violated by plain error made in calculating petitioner's sentence, and the numerous ways …
19-6086 Luis Alberto Torres v. United States Ninth Circuit 2019-09-27 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof circuit-conflict criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure harmless-error sentencing sentencing-error standard-of-review Does the government meet its burden to prove that a sentencing error is harmless under Fed. R. Crim. P. 52(a) if it shows that it is more probable tha…
19-5872 Philip Hugh Wentzel v. United States Seventh Circuit 2019-09-09 Denied Response WaivedIFP appeal certificate-of-appealability collateral-review constitutional-rights conviction criminal-charge criminal-procedure double-jeopardy due-process jurisdiction sentencing sentencing-error Were petitioner's double jeopardy and due process rights violated?
19-5613 Luis Samayoa-Castillo v. United States Eleventh Circuit 2019-08-16 Denied Response WaivedIFP appellate-review criminal-procedure district-court-discretion federal-sentencing-guidelines gall-v-united-states harmless-error molina-martinez-v-united-states rosales-mireles-v-united-states sentencing sentencing-error Whether the district court's reliance on a clearly erroneous fact in selecting the defendant's sentence was harmless error
19-5549 Anthony Dion Collins v. Francisco Lara, Warden Fifth Circuit 2019-08-09 Denied Response WaivedIFP constitutional-law criminal-procedure due-process fundamental-defect habeas-corpus judicial-review saving-clause sentencing sentencing-error statutory-maximum Whether a fundamental defect is sufficient to satisfy the saving clause where petitioner's erroneous sentence fell beneath the statutory maximum?
19-5505 Jose Hernandez-Carbajal v. United States Fourth Circuit 2019-08-08 Denied Response WaivedIFP due-process effective-assistance-of-counsel evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel notice-of-appeal plea-agreement plea-bargaining sentencing sentencing-error sentencing-guidelines sixth-amendment Whether Petitioner's Sixth Amendment Rights to the Effective Assistance of Counsel Was Violated
18-9844 Garner Wood v. Les Parish, Warden Sixth Circuit 2019-06-27 Denied Response WaivedIFP appeal appellate-procedure civil-rights constitutional-rights due-process ineffective-assistance ineffective-assistance-of-counsel post-conviction post-conviction-relief postsentencing-motion sentencing sentencing-credit sentencing-error trial-counsel Whether the trial court denied Petitioner Wood's due process right under the Fourteenth Amendment by not granting his jail credit for 14-30 days after…
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 Whether the lower court(s) erred in concluding that petitioner did not suffer ineffective assistance of counsel
18-9775 Dustin Washington v. United States Fourth Circuit 2019-06-24 Denied Response WaivedIFP 4th-amendment affidavit criminal-procedure drug-weight forfeiture fourth-amendment fourth-circuit motion-to-suppress probable-cause search-and-seizure search-warrant sentencing-error standard-of-review sufficiency-of-evidence Whether the Fourth Circuit erred in failing to find that the trial court erred in denying Mr. Washington's motion to suppress the search of the BMW
18-9365 Jose Antonio Ramirez-Jaramillo v. United States Fifth Circuit 2019-05-22 Denied Response WaivedIFP criminal-procedure federal-rule federal-rules-of-criminal-procedure judicial-discretion plain-error sentencing sentencing-error statutory-interpretation statutory-range substantial-rights Whether an error in selecting the defendant's statutory range of imprisonment affects his or her substantial rights within the meaning of Federal Rule…
18-9299 Frankie Karen Washington v. Deborah Johnson, Warden Ninth Circuit 2019-05-16 Denied Response WaivedIFP appellate-review apprendi apprendi-v-new-jersey circuit-split constitutional-review harmless-error judicial-discretion sentencing sentencing-error sixth-amendment statutory-maximum Whether Apprendi error at sentencing is harmless based on the entire record or only whether the sentence exceeded the statutory maximum
18-9291 Adrian Green v. United States Eleventh Circuit 2019-05-15 Denied Response WaivedIFP 6th-amendment career-offender criminal-history due-process ineffective-assistance ineffective-assistance-of-counsel plain-error plea-agreement prior-convictions sentencing sentencing-error Was defense counsel ineffective or deficient in their representation of the defendant?
18-8741 Francisco Frank Apodaca, Jr. v. United States Fifth Circuit 2019-04-09 Denied Response WaivedIFP association-in-fact corporation enterprise enterprise-definition guilty-plea individuals ineffective-assistance legal-entity rico rico-statute sentencing-error statutory-interpretation union Can a corporation or other legal entity be associated in fact with a union or one or more individuals under the 'enterprise' definition of the RICO st…
18-8352 Lino Hernandez v. United States Ninth Circuit 2019-03-08 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3553(a)-factors 3582(c)(2)-motion amendment-782 amendment-782-788 criminal-sentencing district-court-discretion procedural-reasonableness sentence-disparity sentence-reduction sentencing-disparities sentencing-error sentencing-guidelines statutory-interpretation Whether the District Court committed substantive error in sentencing
18-8176 Anthony James Brightwell, Jr. v. Mark Capozza, Superintendent, State Correctional Institution at Fayette, et al. Third Circuit 2019-02-28 Denied IFP constitutional-rights criminal-procedure due-process guilty-plea ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing sentencing-error sixth-amendment Was the petitioner's guilty plea knowingly and intelligently made?
18-8087 Joseph Michael Kurz v. Louisiana Louisiana 2019-02-25 Denied Response WaivedIFP burden-of-proof capital-trial criminal-procedure due-process harmless-error judicial-discretion prosecutorial-misconduct sentencing sentencing-error standard-of-review statute-of-limitations time-limitations witness-testimony Whether the district court erred in allowing the State to prosecute the defendant for an allegation that the time limitations had expired
18-8044 Lois Brooks v. United States Second Circuit 2019-02-21 Denied Response WaivedIFP criminal-procedure government-rights judicial-integrity judicial-proceedings mandatory-minimum plain-error sentencing sentencing-error substantial-rights Does the government have 'substantial rights' such that actions taken in derogation of them may constitute 'plain error' under Fed. R. Crim. Pro. 52(b…
18-7969 Willie Ed Smith v. Mississippi Mississippi 2019-02-15 Denied Response WaivedIFP constitutional-rights criminal-conviction criminal-procedure due-process equal-protection habeas-corpus illegal-sentence ineffective-assistance-of-counsel judicial-misconduct legal-procedure prosecutorial-misconduct sentencing sentencing-error Whether Smith's conviction and sentence derived from judicial misconduct
18-7944 Jerkeno Wallace v. United States Second Circuit 2019-02-13 Denied Response WaivedIFP confrontation-clause criminal-procedure defendant-rights due-process evidence judicial-discretion non-testifying-defendant remorse remorse-consideration right-to-silence sentencing sentencing-error Was there an error by the court at sentencing when court considered observations of the non-testifying defendant as basis of proving no remorse
18-7913 Travis Thomas v. United States Third Circuit 2019-02-12 Denied Response WaivedIFP career-offender due-process expert-reports expert-testimony harmless-error jailhouse-call johnson-analysis johnson-v-us sentencing sentencing-error Whether the District Court's failure to conduct the analysis required by the Supreme Court in Johnson v. U.S. violated due process
18-7918 Rutilio Hernandez v. United States Fifth Circuit 2019-02-12 Denied Response WaivedIFP 18-usc-3553 18-usc-3553(a) 18-usc-3553a 18-usc-924 abuse-of-discretion constitutional-law criminal-procedure district-court district-court-discretion sentence-reduction sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error sufficient-but-not-greater-than-necessary Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w…
18-7399 Gene Donta Carter v. Pennsylvania Pennsylvania 2019-01-14 Denied IFP consecutive-sentences criminal-conspiracy drug-delivery drug-offenses due-process non-violent-crime offense-gravity offense-gravity-scores sentence-proportionality sentencing sentencing-error Did the sentencing court err in applying incorrect offense gravity scores in violation of the appellant's due process rights based on the unproven wei…
18-7228 Dashawn D. Brown v. United States Fourth Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release Whether the sentencing court erred in admitting hearsay statements as excited utterances
18-7086 Alex Joe Hernandez v. United States Tenth Circuit 2018-12-18 Denied Response WaivedIFP armed-career-criminal-act constitutional-retroactivity due-process johnson-ruling johnson-v-united-states judicial-interpretation prior-convictions residual-clause sentencing sentencing-error standing welch-v-united-states When a Johnson movant would not be an armed career criminal if sentenced today, how can he show that his sentence is infected with error under Johnson…
18-6767 Brent Galbreath v. United States Tenth Circuit 2018-11-21 Denied Response WaivedIFP armed-career-criminal-act constitutional-vagueness due-process error johnson-retroactivity johnson-v-united-states retroactivity sentencing sentencing-error violent-felony violent-felony-definition Whether a Johnson v. United States, 135 S.Ct. 2551 (2015), movant can show that his sentence is infected with error under Johnson when the sentencing …
18-6141 Damian O'Neil Towne v. United States Fifth Circuit 2018-09-28 Denied Response WaivedIFP appellate-waiver criminal-procedure government-objection ineffective-assistance ineffective-assistance-of-counsel judicial-review notice-of-appeal sentencing-error sentencing-guidelines sentencing-miscalculation untimely-notice-of-appeal Whether a gross miscalculation of the sentencing guideline range should be corrected where a defendant's appellate waiver does not preclude an appeal …
18-5994 Ricky Wayne White v. Arkansas Arkansas 2018-09-14 Denied Response WaivedIFP criminal-procedure due-process habeas-corpus judicial-error legal-relief maximum-sentence misdemeanor-enhancement sentencing sentencing-error state-court-jurisdiction state-courts Is an error of a lower State Court in exceeding the maximum sentence legally allowed, cognizable for relief at any time?
18-5828 Adolfo Lopez-Garcia v. United States Seventh Circuit 2018-08-29 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3582c-motion amendment-782 criminal-procedure criminal-sentencing district-court procedural-reasonableness sentence-reduction sentencing-discretion sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error substantive-reasonableness sufficient-but-not-greater-than-necessary Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w…
18-5787 Danyale Sharron Tubbs v. Michigan Michigan 2018-08-28 Denied IFP competency competency-defense due-process ineffective-assistance ineffective-assistance-of-counsel mental-competency mental-illness plain-error procedural-default sentencing sentencing-error strickland-standard Was Michigan's application of Strickland v. Washington unreasonable?
18-5586 William Knight v. Florida Florida 2018-08-15 Denied IFP abuse-of-authority appellate-procedure criminal-procedure double-jeopardy due-process habitual-offender illegal-sentence judicial-abuse judicial-authority jurisdiction sentencing sentencing-error sentencing-guidelines statutory-maximum Whether trial court abused their authority by allowing the state attorney office to impose a sentence contrary to the requirements of the law on doubl…
18-5559 Travis Michael Easter v. Brigitte Amsberry, Superintendent, Eastern Oregon Correctional Institution Ninth Circuit 2018-08-13 Denied Response WaivedIFP criminal-sentencing criminal-sentencing-enhancement due-process factual-innocence habeas-corpus ineffective-assistance-of-counsel ineffective-counsel legal-innocence miscarriage-of-justice recidivism recidivist-enhancement recidivist-statute sentencing-error three-strikes three-strikes-law Whether the state of Oregon's imposition of a true life sentence under a three strikes sentencing recidivist enhancement statute is a miscarriage of j…
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
18-5230 John Parker Murphy v. United States Tenth Circuit 2018-07-17 Denied IFP armed-career-criminal armed-career-criminal-act constitutional-error due-process johnson-movant johnson-v-united-states retroactivity sentencing sentencing-error statutory-interpretation welch-v-united-states Whether a Johnson movant can show sentencing error when he would not be an Armed Career Criminal if sentenced today