sentencing-errors

15 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-6258 Michael Collins Iheme v. Minnesota Minnesota 2025-01-10 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ineffective-counsel judicial-bias sentencing-errors Whether a defendant's conviction should be voided due to ineffective assistance of counsel, judicial bias, and procedural irregularities during crimin…
23-6178 Decardo Moore v. United States Sixth Circuit 2023-12-06 Denied Response WaivedIFP concurrent-sentencing criminal-sentencing fact-finding intent-finding mental-health mental-illness plea-colloquy procedural-reasonableness second-degree-murder sentencing-errors substantive-reasonableness venue-insufficiency Adequacy-of-sentencing-consideration-for-mental-illness
23-5340 Lewis Gilmore Hurst v. United States Fifth Circuit 2023-08-11 Denied Response WaivedIFP 18-usc-3582 appellate-review court-of-appeals criminal-sentencing due-process fifth-circuit judicial-discretion sentencing-errors statutory-interpretation Whether the Court of Appeals for the Fifth Circuit may prohibit consideration of sentencing errors under 18 USC §3582(c)(1)(A)
22-7584 Kahliq Williams v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process plea-agreement policy-concerns sentencing-errors 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…
22-7569 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…
22-7501 Leon Caril, II v. Washington Washington 2023-05-09 Denied IFP appeals-process criminal-procedure double-jeopardy due-process improper-witness-testimony ineffective-assistance-of-counsel legal-errors sentencing-errors sentencing-review sixth-amendment witness-testimony Whether the petitioner's constitutional rights were violated by the issues raised regarding double jeopardy, ineffective assistance of counsel, improp…
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…
21-6901 Wilbert Mathes v. United States Fifth Circuit 2022-01-18 Denied Response WaivedIFP appellate-counsel certificate-of-appealability criminal-procedure drug-quantity drug-quantity-enhancement evidentiary-hearing fifth-circuit ineffective-assistance ineffective-assistance-of-counsel leadership-enhancement sentencing sentencing-errors Whether the Fifth Circuit's denial of a certificate of appealability
20-8236 Brady Lee Ray v. Kentucky Kentucky 2021-06-07 Denied IFP criminal-procedure direct-appeal due-process first-degree-robbery fourteenth-amendment kentucky-supreme-court sentencing-errors supreme-court-rule uscs-supreme-court-rule-10 wanton-endangerment Did Kentucky Supreme Court Violate Section C of USCS of Supreme Court Rule 10 and therefore the Fourteenth Amendment of the United States Constitution
19-8256 Jerry Browdy v. United States Eleventh Circuit 2020-04-14 Denied Response WaivedIFP appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judicial-review motion-for-acquittal sentencing-errors sufficiency-of-evidence Whether the evidence was insufficient to support Browdy's conviction and his motion for judgment of acquittal should have been granted
19-7945 Zacharias Abab Aguedo v. United States Eleventh Circuit 2020-03-11 Denied Response WaivedIFP appeals appellate-review criminal-conviction criminal-procedure due-process eleventh-circuit insufficient-evidence judgment-of-acquittal sentencing sentencing-errors sufficiency-of-evidence Whether the evidence was insufficient to support Aguedo's conviction and his motions for judgment of acquittal should have been granted
19-7625 Robert L. Swinton, Jr. v. Florida Florida 2020-02-12 Rehearing Response WaivedRelisted (2)IFP appeal constitutional-rights criminal-procedure criminal-procedure-appeal due-process ineffective-assistance-of-counsel right-to-counsel sentencing sentencing-errors sentencing-guidelines sixth-amendment structural-error Whether sentencing errors were corrected by appeals court on direct appeal without defense counsel, and whether there was a constitutional denial of c…
18-6180 Brian Deronceler v. United States Eleventh Circuit 2018-10-02 Denied Response WaivedIFP appeal appellate-review criminal-conviction criminal-procedure district-court due-process eleventh-circuit insufficient-evidence judgment-of-acquittal motion-for-acquittal sentencing sentencing-errors sufficiency-of-evidence Whether the evidence was insufficient to support the defendant's conviction and the motion for judgment of acquittal should have been granted
18-5538 Shawn J. Gieswein v. United States Tenth Circuit 2018-08-09 Denied Response WaivedRelisted (2)IFP appellate-review criminal-procedure criminal-sentencing guidelines molina-martinez-v-united-states peugh-v-united-states sentencing sentencing-errors sentencing-guidelines tenth-circuit volina-martinez-v-united-states Whether the United States Court of Appeals for the Tenth Circuit erroneously speculated that the District Court would have imposed the same sentence o…