sentencing-exposure
16 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6521 | Romeo Valentin Sanchez v. United States | Eleventh Circuit | 2026-01-09 | Pending | Response WaivedIFP | constitutional-rights criminal-procedure ineffective-assistance-of-counsel judicial-review plea-bargaining sentencing-exposure | 1. May a conviction be overturned if Counsel gave erroneous advice regarding a sentence exposure that induced Petitioner to reject a favorable plea of… |
| 25-5588 | Terry Willis v. United States | Sixth Circuit | 2025-09-09 | Denied | Response WaivedIFP | criminal-procedure judicial-involvement lafler-v-cooper missouri-v-frye plea-negotiations sentencing-exposure | The district court participated in plea discussions, in violation of Federal Rule Criminal Procedure 11(c)(1), by discussing the merits of a plea offe… |
| 24-5924 | Elliot Morales v. New York | New York | 2024-11-06 | Denied | Response WaivedIFP | criminal-procedure due-process right-to-counsel sentencing-exposure trial-court-procedure waiver | Does a criminal trial court violate Iowa v. Tovar in failing to advise a defendant of his potential sentencing exposure before waiving right to trial … |
| 24A228 | Elliot Morales v. New York | New York | 2024-09-03 | Presumed Complete | criminal-procedure pro-se-representation right-to-counsel sentencing-exposure sixth-amendment waiver | Whether a criminal trial court violates the Sixth Amendment right to self-representation when it fails to inform a defendant of his actual sentencing … | |
| 22-5448 | Roger C. Cassidy v. Florida | Florida | 2022-08-25 | Denied | Response WaivedIFP | civil-rights constitutional-law criminal-defendant due-process equal-protection judicial-fact-finding judicial-review mandatory-sentencing preponderance-of-evidence prior-conviction sentencing-exposure standing | Whether the lower court erred in its interpretation and application of the Fourteenth Amendment's Due Process Clause |
| 21-7060 | Christopher N. Bilynsky v. Maine | Maine | 2022-02-04 | Denied | Response WaivedIFP | boykin-v-alabama constitutional-rights due-process jury-trial self-incrimination sentencing-exposure stipulation waiver | Do the Due Process Clauses and Boykin v. Alabama mandate a colloquy before accepting stipulations to offense elements that increase sentencing exposur… |
| 21-5089 | Martin Thomas Lawrence v. United States | Eighth Circuit | 2021-07-13 | Denied | Response WaivedIFP | criminal-procedure ineffective-assistance ineffective-assistance-of-counsel lafler-v-cooper plea-bargaining sentencing sentencing-exposure sixth-amendment trial-counsel | Whether, in light of trial counsel's express admission that he underestimated Petitioner's sentencing exposure if he went to trial, this Court should … |
| 20-8310 | Kenrick Brathwaite v. United States | Second Circuit | 2021-06-15 | Denied | Response WaivedIFP | apprendi-rule circuit-split controlled-substance controlled-substances criminal-law drug-conspiracy jury-instructions jury-verdict sentencing sentencing-exposure statutory-interpretation statutory-penalties | What is the statutory maximum sentence for a conspiracy conviction under 21 U.S.C. §§ 963 or 846, where the jury has declined to make any specific fin… |
| 20-776 | Gregory Williams v. Leonta Jackson, Warden | Seventh Circuit | 2020-12-07 | Denied | Response Waived | criminal-defendant criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sentencing-exposure strickland-standard strickland-test | When a criminal defendant is considering whether to accept a plea offer, is defense counsel's failure to advise the defendant of his or her sentencing… |
| 20-5423 | Edwin Jassiel Peralta-Castro v. United States | Fifth Circuit | 2020-08-20 | Denied | Response WaivedIFP | constitutional-rights due-process fifth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-bargaining plea-proceedings pre-trial-stage sentencing-exposure | Did the Fifth Circuit Court of Appeals err in determining there was no 'Substantial Showing of Denial of a Constitutional Right' — Failure to Explain … |
| 19-1068 | Keith Inchierchiere v. Florida Department of Corrections, et al. | Eleventh Circuit | 2020-02-28 | Denied | Response Waived | attorney-misconduct criminal-procedure guilty-plea ineffective-assistance ineffective-assistance-of-counsel public-defender retained-attorney sentencing-exposure seventy-year-term trial-rights | Does a defendant receive ineffective assistance of counsel where his retained attorney fails to appear on the first day of trial, and, after receiving… |
| 19-5728 | Kristin L. Hardy v. Kelly Santoro, Acting Warden | Ninth Circuit | 2019-08-28 | Denied | Response WaivedIFP | appellate-review district-court evidentiary-hearing federal-habeas-review habeas-corpus ineffective-assistance ineffective-assistance-of-counsel performance-prong plea-negotiations sentencing-exposure state-court | Whether a federal appellate court fails to provide legitimate federal habeas review |
| 18-9770 | Lionel Toye v. Steven Racette, Superintendent, Great Meadows Correctional Facility | Second Circuit | 2019-06-24 | Denied | Response WaivedIFP | criminal-procedure ineffective-assistance lafler-v-cooper plea-bargaining plea-negotiations right-to-counsel sentencing sentencing-exposure strickland-standard strickland-v-washington trial-counsel | Whether this court should revisit the claim of ineffective assistance of trial counsel during plea negotiations |
| 18-8938 | Elza Budagova v. United States | Ninth Circuit | 2019-04-22 | Denied | IFP | apprendi apprendi-rule constitutional-procedure criminal-fines criminal-restitution judicial-discretion jury-findings sentencing sentencing-exposure southern-union-co | Should Apprendi's rule apply to the imposition of criminal restitution? |
| 18-6035 | Zachary Chambers v. United States | Third Circuit | 2018-09-20 | Denied | Response WaivedIFP | abuse-of-discretion constitutional-rights criminal-procedure habeas-corpus ineffective-assistance-of-counsel plea-bargaining right-to-counsel sentencing sentencing-exposure sixth-amendment trial-counsel | Whether the lower court abused its discretion in ruling that trial counsel's erroneous advice about petitioner's sentencing exposure if he proceed to … |
| 18-5302 | Terry Dixon v. United States | Fifth Circuit | 2018-07-20 | Denied | Response WaivedIFP | 18-usc-922 18-USC-922g 18-usc-922g1 carachuri-rosendo-v-holder crime-punishable-by-imprisonment criminal-firearm felon-in-possession prosecutorial-discretion sentencing-exposure underlying-felony | Whether the sentencing exposure for the underlying felony offense is determined by prosecutorial discretion in a felon-in-possession case |