sentencing-standard

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-5342 Raymond Arthur Verrill v. United States Fifth Circuit 2025-08-13 Denied Response WaivedIFP appellate-review criminal-procedure judicial-discretion plain-error sentencing-guidelines sentencing-standard Some sentencing judges routinely assert that they would have selected the exact same sentence regardless of any error in applying the Sentencing Guide…
23A1174 Kevin Deane Jones v. United States Eleventh Circuit 2024-07-01 Presumed Complete appellate-review criminal-conviction eleventh-circuit federal-jurisdiction sentencing-standard statutory-interpretation Whether the federal appellate court correctly applied the standard of review in affirming a criminal conviction under 18 U.S.C. § 3742
23-6251 Jonathan Rodriguez v. United States Fifth Circuit 2023-12-13 Denied Response WaivedIFP acquitted-conduct confrontation-clause due-process fifth-amendment preponderance-of-evidence sentencing sentencing-standard sixth-amendment suppression-motion Whether the use of a preponderance of the evidence standard at sentencing violated Rodriguez's Fifth Amendment and Sixth Amendment rights?
20-6933 Seledonio Martinez v. United States Fourth Circuit 2021-01-26 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion reasonableness reasonableness-review sentencing sentencing-guidelines sentencing-standard totality-of-the-circumstances Whether the 46-month sentence is reasonable given the totality of the circumstances
19-7569 Stanley Noel Ames v. United States Ninth Circuit 2020-02-05 Denied Response RequestedResponse WaivedRelisted (3)IFP 18-usc-924(c) 18-usc-924c bank-robbery carter-v-united-states crime-of-violence criminal-law-procedure federal-bank-robbery force-clause general-intent intent sentencing-standard specific-intent Did the Ninth Circuit err in holding that federal bank robbery is a crime of violence under the force clause of 18 U.S.C. § 924(c)
19-5741 Jose Marin Saldana-Reyes v. United States Ninth Circuit 2019-08-29 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process judicial-consideration non-frivolous-arguments procedural-reasonableness reasonableness sentencing sentencing-procedure sentencing-standard Whether an appellate court may affirm as procedurally reasonable a sentence imposed where the record contains no indication the sentencing judge consi…
19-5162 Frederick Johnson v. United States Fifth Circuit 2019-07-12 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure discretionary-review plain-error plainly-unreasonable post-revocation-sentence sentencing sentencing-standard supervised-release What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release?
18-9698 Ruben Perez Gomez v. California California 2019-06-18 Denied IFP constitutional-requirement death-penalty fifth-amendment fourteenth-amendment jury jury-beyond-reasonable-doubt jury-finding reasonable-doubt sentencing-standard sixth-amendment statutory-maximum statutory-maximum-punishment Does California's death penalty scheme violate the requirement under the Fifth, Sixth, and Fourteenth Amendments that every fact other than a prior co…
18-6067 Edward Lee Lewis v. United States Fourth Circuit 2018-09-21 Denied Response WaivedIFP armed-career-criminal-act booker-standard circuit-split criminal-procedure due-process overserved-sentence plainly-unreasonable reasonableness revocation-sentence sentencing sentencing-standard standard-of-review supervised-release Whether the appropriate standard of review for a sentence following the revocation of supervised release is the plainly unreasonable' standard or the …