| 23-7398 |
Jamaal Parker v. United States |
Sixth Circuit |
2024-05-07 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion new-trial new-trial-standard preservation-of-error reversible-error sentencing sentencing-explanation |
Whether a new criminal trial requires trial error that would have been reversible on appeal |
| 22-6659 |
Armando Lopez-Rivera v. United States |
First Circuit |
2023-01-30 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard concurrent-sentence gall-precedent gall-v-united-states individualized-assessment intellectual-disability judicial-explanation sentencing-courts sentencing-explanation sentencing-review |
Whether a sentencing court must provide a reasonable explanation, on the record, as to why it is not considering a sentencing factor advanced by a def… |
| 19-5071 |
Erwin Burley v. United States |
Eleventh Circuit |
2019-07-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure criminal-sentencing district-court district-court-discretion eleventh-circuit judicial-discretion sentencing-explanation sentencing-factors sentencing-guidelines supervisory-power upward-variance |
Whether this Court should exercise its supervisory power and grant review because the Eleventh Circuit has permitted an upward variance sentence almos… |
| 18-9233 |
Michael Perales v. United States |
Fifth Circuit |
2019-05-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-appeals criminal-procedure district-court-discretion due-process plain-error procedural-reasonableness reasonableness sentencing sentencing-explanation sentencing-guidelines sentencing-procedure |
Is a district court's gross failure to explain an above-range sentence or to respond to arguments for a lesser sentence reversible on plain error? |
| 18-642 |
Morris E. Zukerman v. United States |
Second Circuit |
2018-11-19 |
Denied |
Amici (1)Relisted (2) |
18-usc-3742 appellate-review criminal-procedure criminal-sentencing district-court-discretion sentencing-explanation sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance shocks-the-conscience substantive-reasonableness substantive-unreasonableness |
Whether a court of appeals that finds that a district court has failed adequately to explain a sentence can simply request further elaboration without… |