sentencing-standards

12 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-7490 Clint Robert Schram v. United States Eighth Circuit 2025-06-24 Denied Response WaivedIFP child-pornography criminal-evidence due-process minor-exploitation sentencing-standards uncharged-misconduct I. Given the increasing ease of creating of artificial images, is the government required to present evidence that the images it contends are of minor…
23-7126 Alberto Perez v. United States Ninth Circuit 2024-04-02 Denied Response WaivedIFP arbitrary-sentences criminal-procedure criminal-sentencing drug-offenses due-process judicial-discretion methamphetamine methamphetamine-distribution sentencing-guidelines sentencing-standards Does the district court's blind reliance upon United States Sentencing Guideline § 2D1.1(c)(1)'s draconian base offense level of 38 for distribution o…
23-5776 Andrea Lamont Medlock v. United States Fifth Circuit 2023-10-12 Denied Response WaivedIFP criminal-procedure federal-authority imprisonment-review judicial-discretion plain-error reasonableness revocation sentencing-review sentencing-standards standard-of-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
22-6209 Mayeli Molina v. United States Fifth Circuit 2022-12-02 Denied Response WaivedIFP civil-rights criminal-procedure criminal-trial dual-role-witnesses due-process expert-testimony jury-instructions sentencing sentencing-standards substantial-rights witness-testimony 1. Whether Molina's substantial rights were affected when two-thirds of the Government's witnesses testified in dual roles as experts and fact witness…
22-5895 Quinton Deairre Gardner v. United States Eleventh Circuit 2022-10-24 Denied Response WaivedIFP aggravating-facts armed-career-criminal-act circuit-split federal-criminal-law maximum-term maximum-term-of-imprisonment presumptive-sentencing-standards sentencing-standards statutory-interpretation statutory-limits Where a state structured-sentencing regime sets mandatory legal limits on courts' sentencing power, is the upper limit of the structured-sentencing ra…
19-1453 Michigan v. Gerald Raynard Fuller Michigan 2020-07-02 Denied acquittal acquittal-consideration acquitted-conduct conflict-of-authority criminal-procedure due-process federal-circuits judicial-discretion preponderance-of-evidence sentencing sentencing-guidelines sentencing-standards state-courts The federal circuit courts have uniformly held that a sentencing judge may consider conduct for which the defendant has been acquitted, and this Court…
19-8842 Angel Prado v. United States Third Circuit 2020-07-02 Denied Response WaivedIFP appellate-review civil-rights constitutional-provisions constitutional-review criminal-procedure due-process judicial-discretion jurisdiction search-and-seizure sentencing-standards speedy-trial The ticket was Printed 9:56 the WArNiNg An sva CCourt Distriet The Middle recorded stop 9:58AM. Was MHX agree Lindsay D Trooper IN for ISoue the Momen…
19-7348 Raymond Alston, aka Raymond Austin v. New York New York 2020-01-21 Denied IFP appellate-jurisdiction civil-procedure constitutional-review criminal-procedure double-jeopardy due-process grand-jury indictment judicial-discretion malicious-prosecution sentencing-standards standing WAS APPELLANT DENIED DUE PROCESS BY THE COURTS SUA SPONTE DECISION, PURSUANT TO CPL DIVISION TO CONSIDER THE ERROR INCLUDED CHARGE OF BURGLARY IN THE …
19-6817 Anthony Wheeler v. Ron Neal, Superintendent, Indiana State Prison Seventh Circuit 2019-12-03 Denied Response WaivedIFP certificate-of-appealability constitutional-rights due-process expungement ineffective-assistance ineffective-assistance-of-counsel sentencing sentencing-standards sixth-amendment standard-of-review I. Did the Seventh Circuit err under Miller-El v. Cockrell , 537 U.S. 322, 336–38 (2003) and Buck v. Davis , 137 S. Ct. 759, 773–74 (2017), when it de…
19-5394 Michael Leon Bell v. California California 2019-07-30 Denied IFP aggravating-circumstances capital-punishment constitutional-procedure death-penalty due-process fourteenth-amendment jury-fact-finding jury-trial mitigating-circumstances reasonable-doubt sentencing sentencing-standards sixth-amendment Does California's death penalty scheme, which permits the trier of fact to impose a sentence of death without finding beyond a reasonable doubt (1) th…
18-6833 Jose Ramon Zuniga, aka Josue Ararel Zuniga-Zaragoza, aka Jose Ramon Zuniga-Garcia v. United States Fifth Circuit 2018-11-27 Denied Response WaivedIFP criminal-procedure discretion due-process federal-jurisdiction judicial-discretion offense-level residual-clause sentencing sentencing-guidelines sentencing-standards statutory-interpretation 1. Whether a Guideline which incorporates by reference § 16(b)'s residual clause may serve as the basis for increasing the defendant's offense level u…
18-6849 Steven James v. Massachusetts Massachusetts 2018-11-27 Denied Response WaivedIFP appellate-review constitutional-rights due-process federal-constitutional-rights jdb-v-north-carolina jury-instructions juvenile-brain-science juvenile-homicide juvenile-justice juvenile-rights miller-retroactivity miller-v-alabama retroactivity sentencing-standards This case presents two questions of national importance concerning the federal constitutional rights of juvenile homicide defendants (like Steven Jame…