sentencing-retroactivity

6 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
22-7582 Rodolfo A. Cuellar, Jr. v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP appeal criminal-law drug-convictions federal-prisoner first-step-act resentencing sentence-reduction sentencing sentencing-retroactivity statutory-interpretation statutory-maximum Whether the defendant is entitled to a reduced sentence under the First Step Act, and the proper interpretation of the statutory maximum authorized by…
20-8094 Corey L. Johnson v. United States Seventh Circuit 2021-05-20 Denied Response WaivedIFP covered-offense criminal-law drug-conspiracy federal-sentencing first-step-act multi-object-conspiracy rule-of-lenity sentencing sentencing-retroactivity statutory-interpretation Where there is ambiguity as to which penalty applies in a multi-object conspiracy that is a covered offense pursuant to the First Step Act of 2018, do…
20-7931 Oscar Segura-Resendez v. United States Fifth Circuit 2021-05-05 Denied Response WaivedIFP appeal constitutional-due-process due-process ex-post-facto fifth-circuit guidelines harmless-error post-conviction-relief sentencing sentencing-retroactivity Whether violation of the ex post facto clause of the U.S. Constitution is harmless if the specific definition of the conduct was done by the court
20-6099 Malcolm Moore v. United States Third Circuit 2020-10-21 Denied Response WaivedRelisted (2)IFP criminal-law criminal-procedure direct-review due-process first-step-act judicial-discretion retroactivity sentencing sentencing-retroactivity statutory-interpretation Whether Section 403 of the First Step Act of 2018 should apply to defendants whose convictions and sentences remain pending on direct review
19-8005 Harrison Garcia v. United States Eleventh Circuit 2020-03-16 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing direct-appeal edwards-v-arizona first-step-act mandatory-minimum mandatory-minimums right-to-counsel sentencing sentencing-retroactivity statutory-interpretation Whether Section 403 of the First Step Act of 2018 applies where Petitioner's sentence is not final and he would no longer be subject to multiple, mand…
19-5870 Shakeem Heratio Crawford v. United States Fourth Circuit 2019-09-09 Denied Response WaivedIFP career-offender civil-rights criminal-justice criminal-law criminal-procedure due-process eighth-amendment ex-post-facto first-step-act parole retroactivity sentencing sentencing-retroactivity statutory-interpretation Did the judge abuse discretion by categorically denying career offenders benefits under the First Step Act?