| 25-6867 |
Richard Henry Kayian v. United States |
Fourth Circuit |
2026-02-20 |
Denied |
Response WaivedIFP |
apprendi-violation drug-quantity-enhancement first-step-act serious-drug-felony sixth-amendment-sentencing substantive-reasonableness |
1. whether a prior state conviction for simple possession of 1.5 grams of cocaine - punished with probation only - qualities as a "serious drug felony… |
| 25-6748 |
John Edwin Corn, Jr. v. United States |
Eleventh Circuit |
2026-02-06 |
Denied |
Response WaivedIFP |
18-USC-3553a criminal-sentencing mitigating-factors sentencing-guidelines substantive-reasonableness upward-variance |
Following this Court's decision s in United States v. Booker , 543 U.S. 220 (2005), and Gall v. United States , 552 U.S. 38 (2007), whether a district… |
| 25-6705 |
Chad B. Wolf v. United States |
Sixth Circuit |
2026-02-03 |
Denied |
Response WaivedIFP |
criminal-enterprise managerial-role procedural-reasonableness sentencing-guidelines sixth-circuit substantive-reasonableness |
Question I - Was Wolf's Sentence Substantively and Procedurally Unreasonable as Rendered Given The District Court Used a Sentencing Guidelines Calcula… |
| 25-6212 |
Nicolas Mondragon-Gonzalez v. United States |
Fifth Circuit |
2025-11-24 |
Pending |
Response RequestedResponse WaivedRelisted (2)IFP |
causation-standard circuit-split death-enhancement sentencing-guidelines statutory-interpretation substantive-reasonableness |
In the case of petitioner Nicolas Mondragon Gonzalez, he received a forty year sentence under the death enhancement in USSG § 2L1.1(b)(7)(D) based sol… |
| 24-7316 |
Miguel Yepson-Cortez v. United States |
Fifth Circuit |
2025-05-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 24-7303 |
Donterrian M. Lavender v. United States |
Fifth Circuit |
2025-05-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-appeal defendant-rights federal-sentencing sentencing substantive-reasonableness |
Whether Lavender's sentence is substantively unreasonable. |
| 24-5995 |
Manuel Espinoza-Camacho v. United States |
Fifth Circuit |
2024-11-19 |
Denied |
Response WaivedIFP |
appellate-review circuit-split judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 24-5482 |
Travis Adam Brown v. United States |
Fifth Circuit |
2024-09-06 |
Denied |
Response WaivedIFP |
constitutional-law criminal-procedure gun-rights second-amendment statutory-interpretation substantive-reasonableness |
Whether 18 U.S.C. § 922(g)(1) is constitutional under the Second Amendment.
Whether substantive reasonableness review necessarily requires the court … |
| 24-5224 |
Michael Paul Gianfrancesco v. United States |
Eleventh Circuit |
2024-08-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review court-proceedings criminal-law criminal-procedure due-process federal-sentencing jurisdiction sentencing-guidelines substantive-reasonableness |
Question not identified. |
| 23-7583 |
Shawn Hill v. United States |
Second Circuit |
2024-05-29 |
Denied |
Response WaivedIFP |
acceptance-of-responsibility criminal-procedure mental-health plea-bargaining remorse sentencing sentencing-guidelines substantive-reasonableness supervised-release |
1. Was petitioner improperly denied credit for acceptance of responsibility based on an incident in a Hartford jail that appeared to be a mental healt… |
| 23-7431 |
Avery Lans v. United States |
Eleventh Circuit |
2024-05-09 |
Denied |
Response WaivedIFP |
18-usc-3553 abuse-of-discretion circuit-court-review criminal-sentencing federal-sentencing gall-v-united-states procedural-reasonableness sentencing-guidelines substantive-reasonableness |
QUESTON NUMBER ONE:
Did the Eleventh Circuit abused its discretion by the affirmance of
Petitioner's 240-month federal sentence when the district cou… |
| 23-1188 |
Jonathon Owen Shroyer v. United States |
District of Columbia |
2024-05-03 |
Denied |
Response Waived |
appeal-waiver first-amendment free-speech protected-speech relevant-conduct relevant-offense-conduct sentencing substantive-reasonableness |
1. Whether a prison sentence imposed as a result of the consideration of protected speech as "relevant offense conduct" violates the First Amendment a… |
| 23-7256 |
John Pedelahore v. United States |
Fifth Circuit |
2024-04-18 |
Denied |
Response WaivedIFP |
criminal-procedure district-court-discretion due-process eighth-amendment federal-sentencing sentencing sentencing-guidelines substantive-reasonableness supervised-release |
Whether the district court erred by ordering Mr. Pedelahore to serve 30 months in prison for nonviolent supervised release violations when the recomme… |
| 23-6977 |
Dasmore T. Coleman v. United States |
Fifth Circuit |
2024-03-13 |
Denied |
Response WaivedIFP |
criminal-appeal criminal-sentencing defendant-rights due-process federal-sentencing procedural-history sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
Whether Coleman's sentence is substantively unreasonable. |
| 23-6884 |
Alexander Yoichi Duberek v. United States |
Fifth Circuit |
2024-03-04 |
Denied |
Response WaivedRelisted (2)IFP |
appellate-review criminal-procedure due-process judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 23-6827 |
Victor Leon-Moya v. United States |
Eighth Circuit |
2024-02-26 |
Denied |
Response WaivedIFP |
conspiracy criminal-procedure drug-importation drug-trafficking enhancement-factors importation jurisdiction sentencing-guidelines substantive-reasonableness |
1) Whether a defendant's suggestion for a codefendant to pay a supplier
what the codefendant owed said supplier constitutes "directing" per
USSG § 3… |
| 23-6739 |
John Richard Brinson v. United States |
Ninth Circuit |
2024-02-13 |
Denied |
Response WaivedIFP |
8th-amendment child-pornography criminal-history criminal-sentencing due-process life-without-parole rehabilitation sentencing-reasonableness substantive-due-process substantive-reasonableness |
Whether a life without parole sentence for a 24 year old with no prior criminal record for producing child pornography is substantively unreasonable? |
| 23-6712 |
Abner Renato Natareno-Calderon v. United States |
Fifth Circuit |
2024-02-09 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-presumption reasonableness-standard rita-precedent rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges
the substantive reasonableness of a within-Guidelines sentence may
rebut an appellate … |
| 23-6178 |
Decardo Moore v. United States |
Sixth Circuit |
2023-12-06 |
Denied |
Response WaivedIFP |
concurrent-sentencing criminal-sentencing fact-finding intent-finding mental-health mental-illness plea-colloquy procedural-reasonableness second-degree-murder sentencing-errors substantive-reasonableness venue-insufficiency |
Question I - Was there adequate consideration at sentencing of Moore's mental illness such as to make his sentence procedurally and substantively erro… |
| 23-5764 |
Kevin Lynn Tucker v. United States |
Eighth Circuit |
2023-10-11 |
Denied |
Response WaivedIFP |
criminal-procedure due-process nolle-prosequi nolle-prossed plea-agreement pretrial-detention sentencing sentencing-credit substantive-reasonableness waiver |
1. Whether the District Court's failure to give credit in sentencing for
state pretrial detention on subsequently nolle prossed "related" charges
crea… |
| 23-5636 |
Javon Montreal King v. United States |
Fifth Circuit |
2023-09-21 |
Denied |
Response WaivedIFP |
appeal background criminal-sentencing district-court-discretion due-process sentencing-guidelines statutory-maximum substantive-reasonableness youth youth-consideration |
Whether the district court erred, considering Mr. King's youth and background, when it sentenced him to the statutory maximum of 120 months' imprisonm… |
| 23-5432 |
Kyle Vaughn v. United States |
Fifth Circuit |
2023-08-24 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure judicial-presumption presumption-of-reasonableness reasonableness-standard rita-precedent rita-v-united-states sentencing sentencing-guidelines substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges
the substantive reasonableness of a within-Guidelines sentence may
rebut an appellate … |
| 23-5437 |
Adedayo Hakeem Sanusi v. United States |
Fifth Circuit |
2023-08-24 |
Denied |
Response WaivedIFP |
circuit-split due-process fundamental-fairness sentencing-guidelines sophisticated-means substantive-reasonableness upward-variance |
1. Whether the Appellant is deprived of Due Process and fundamentalsairness
where the district court applies a sophisticated means enhancement based
u… |
| 23-5276 |
German Martinez v. United States |
Fifth Circuit |
2023-08-03 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-guidelines sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 23-5228 |
Patrick Frederick Williams v. United States |
Eleventh Circuit |
2023-07-27 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split first-step-act procedural-reasonableness section-404 sentencing-reduction substantive-reasonableness |
Where a district court exercises its discretion under Section 404(b) of the First Step Act to deny a sentence reduction to a defendant with a "covered… |
| 22-7833 |
Jeremy Randall Ezell v. United States |
Fifth Circuit |
2023-06-21 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-sentencing judicial-presumption reasonableness-standard rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges
the substantive reasonableness of a within-Guidelines sentence may
rebut an appellate … |
| 22-7725 |
James Earl Green, Jr. v. United States |
Fifth Circuit |
2023-06-07 |
Denied |
Response WaivedIFP |
appeals appellate-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness-review sentencing sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 22-7717 |
Christopher A. Bernard v. United States |
Fifth Circuit |
2023-06-06 |
Denied |
IFP |
appellate-review below-guidelines-sentence circuit-split district-court-discretion holguin-hernandez procedural-error procedural-reasonableness sentencing sentencing-reasonableness substantive-reasonableness |
This Court in Holguin-Hernandez held that a defendant's argument in the district court for
a lower sentence preserves appella te review to the substan… |
| 22-7703 |
Jacob Patrick Krafft v. United States |
Tenth Circuit |
2023-06-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process presumption-of-reasonableness sentencing-guidelines substantive-reasonableness within-guidelines-sentence |
How does a court of appeals determine whether a defendant has rebutted the presumption of reasonableness when the defendant is challenging the substan… |
| 22-7106 |
Brian Keith Wells, aka B. K. Wells v. United States |
Sixth Circuit |
2023-03-24 |
Denied |
Response WaivedIFP |
counsel-denial criminal-procedure criminal-sentencing ineffective-assistance procedural-review role-enhancement sentencing sentencing-guidelines sixth-amendment sixth-circuit substantive-reasonableness ussg-3b1.1 |
Whether this honorable Court should grant certiorari to review whether Mr. Wells request for new counsel should have been granted?
Whether this honor… |
| 22-6953 |
Curtis Bradley v. United States |
Sixth Circuit |
2023-03-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing substantive-reasonableness |
Was the sentence imposed on Petitioner substantively reasonable? |
| 22-6927 |
Derrick Deshon Collins v. United States |
Fifth Circuit |
2023-03-03 |
Denied |
Response WaivedIFP |
appellate-presumption appellate-review certiorari criminal-procedure fifth-circuit presumption-of-reasonableness sentencing-guidelines substantive-reasonableness within-guidelines-sentence |
How does a court of appeals determine whether a defendant has rebutted the presumption of reasonableness when the defendant is challenging the substan… |
| 22-6844 |
Eladio Loya-Palma v. United States |
Fifth Circuit |
2023-02-23 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 22-6808 |
Erich Deolax Riker v. United States |
Tenth Circuit |
2023-02-16 |
Denied |
Response WaivedIFP |
criminal-procedure due-process fact-finding federal-sentencing jury-finding jury-trial sentencing sentencing-guidelines substantive-reasonableness |
Whether a factual finding that is necessary to render a federal sentence substantively reasonable must be found by a jury beyond a reasonable doubt. |
| 22-6732 |
David Alvarado-Rios v. United States |
Fifth Circuit |
2023-02-08 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-sentencing judicial-discretion presumption-of-reasonableness rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
How does a defendant who challenges the substantive reasonableness of a within-Guidelines sentence rebut an appellate presumption of reasonableness of… |
| 22-6718 |
Justin Stabler v. United States |
Fifth Circuit |
2023-02-07 |
Denied |
Response WaivedIFP |
18-usc-3553 abuse-of-discretion alcohol-consumption criminal-sentencing electronic-searches section-3553a sentencing-guidelines sentencing-reasonableness substantive-reasonableness supervised-release |
1) Whether the 120-month sentence ordered by the district court is substantively unreasonable because, among other reasons, the Guidelines sentencing … |
| 22-6627 |
Kenneth Mobley v. United States |
Sixth Circuit |
2023-01-26 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure district-court-jurisdiction due-process jurisdiction loss-calculation restitution restitution-order sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Was Mr. Mobley's sentence procedurally and substantively unreasonable as it was calculated on an excessive amount of loss unjustified by the facts of … |
| 22-6560 |
Candido Gomez-Santacruz v. United States |
Fifth Circuit |
2023-01-18 |
Denied |
Response WaivedIFP |
18-usc-3553a district-court-discretion federal-sentencing gall-v-united-states imprisonment-duration prior-term-of-imprisonment sentencing sentencing-factors sentencing-guidelines statutory-interpretation substantive-reasonableness |
In light of its nuanced, holistic approach to federal sentencing, whether a district court may, consistent with § 3553(a)'s plain text, treat the dura… |
| 22-5993 |
Malik Ross v. United States |
Eighth Circuit |
2022-11-04 |
Denied |
Response RequestedResponse WaivedRelisted (10)IFP |
criminal-procedure due-process fifth-amendment preponderance-of-evidence reasonable-doubt sentencing sentencing-guidelines substantive-reasonableness |
Does a judge deny a defendant's Fifth Amendment rights by increasing a prison sentence based on disputed facts the Court did not find beyond a reasona… |
| 22-5983 |
Cordavia Daniels v. United States |
Fifth Circuit |
2022-11-03 |
Denied |
Response WaivedIFP |
18-usc-3553(a) age-consideration criminal-appeal criminal-sentencing fifth-circuit mitigating-factors sentencing-guidelines standard-of-review substantive-reasonableness |
I. Whether the Fifth Circuit erred by affirming the district court's consideration of Cordavia's age and mitigating factors.
II. Whether the Fifth Ci… |
| 22-5985 |
Islam Yaser-Abdel Said v. United States |
Fifth Circuit |
2022-11-03 |
Denied |
Response WaivedIFP |
appellate-review constitutional-challenge criminal-defendants criminal-procedure facial-attacks facial-vagueness first-amendment johnson-v-united-states sentencing-review substantive-reasonableness substantive-reasonableness-review unconstitutionally-vague |
1. Whether criminal defendants challenging a statute as unconstitutionally
vague may raise facial attacks in cases not involving the First Amendment?
… |
| 22-5979 |
Demetrice R. Devine and Brandon Jowan Mangum v. United States |
Fourth Circuit |
2022-11-02 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
blockburger-test consecutive-sentences constitutional-review criminal-sentencing double-jeopardy modified-blockburger new-sentencing-hearings sentencing sentencing-enhancements substantive-reasonableness |
1. Should this Court adopt the predominant modified Blockburger approach and find the maximum consecutive sentences imposed on the Petitioners on all … |
| 22-5232 |
Jesus Javier Cruz-Hernandez v. United States |
Fifth Circuit |
2022-07-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure federal-sentencing judicial-presumption reasonableness-standard rita-v-united-states sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Court should clarify how a defendant who challenges the substantive reasonableness of a within-Guidelines sentence may rebut an appellate … |
| 22-5105 |
Tanner Lance King v. United States |
Fifth Circuit |
2022-07-14 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process presumption-of-reasonableness sentencing-guidelines substantive-reasonableness within-guidelines-sentence |
How does a court of appeals determine whether a defendant has rebutted the presumption of reasonableness when the defendant is challenging on appeal t… |
| 22-5097 |
Hidey Diaz, aka Silvio Manuel Amador, aka Celio Alvarez-Carrasco v. United States |
Tenth Circuit |
2022-07-13 |
Denied |
Response WaivedIFP |
10th-circuit circuit-court-review criminal-sentencing federal-prosecution government-action guideline-range sentencing-disparity sentencing-guidelines statutory-directive substantive-reasonableness unwarranted-disparity |
Did the Tenth Circuit err in concluding that it was barred from considering, on review for the substantive reasonableness of Mr. Diaz's sentence, the … |
| 22-5017 |
Travaris Devon Bishop v. United States |
Fifth Circuit |
2022-07-01 |
Denied |
Response WaivedIFP |
18-USC-3553(a) criminal-procedure criminal-sentencing district-court-discretion due-process sentencing-factors sentencing-guidelines statutory-maximum substantive-reasonableness |
Whether the district court ordered a substantively unreasonable statutory maximum sentence of 120 months in prison, when the Guidelines range was only… |
| 21-8269 |
James Paris Williams v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
advisory-guidelines advisory-range criminal-procedure criminal-sentencing district-court district-court-discretion sentencing sentencing-guidelines substantive-reasonableness upward-variance |
1. Did the district court impose a substantively unreasonable sentence when it varied upward from the advisory sentencing range? |
| 21-8277 |
Matthew Michael Cimino v. United States |
Fifth Circuit |
2022-06-29 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors sentencing-guidelines standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily requires the court of appeals to reweigh the sentencing factors? |
| 21-8093 |
Albert Aiad-Toss v. United States |
Sixth Circuit |
2022-06-08 |
Denied |
Response WaivedIFP |
18-usc-3553 18-USC-3553a abuse-of-discretion criminal-procedure district-court-discretion procedural-reasonableness reasonableness sentencing sentencing-guidelines substantive-reasonableness supervised-release |
Whether Mr. Aiad-Toss's lifetime supervised release term was procedurally unreasonable because the district court failed to adequately explain its dec… |
| 21-7445 |
Juniel B. Rios v. United States |
Eleventh Circuit |
2022-03-24 |
Denied |
Response WaivedIFP |
apprendi-rule apprendi-v-new-jersey constitutional-law criminal-procedure due-process federal-rules-of-criminal-procedure procedural-due-process sentencing sentencing-guidelines substantive-reasonableness upward-variance |
1. Whether Constitutional Due Process requires that Irizarry v. United States, 553 U.S. 708 (2008) that limited the Notice requirement in Fed.R.Crim.P… |
| 21-7332 |
Marlon Sisnero-Gil v. United States |
Second Circuit |
2022-03-10 |
Denied |
Response WaivedIFP |
appellate-review circuit-conflict circuit-split criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines sentencing-reasonableness substantive-reasonableness substantive-unreasonableness supervisory-power |
Whether the Petition should be granted because the Court of Appeals' decision holding that Petitioner's sentence was not substantively unreasonable co… |
| 21-7097 |
Sinmyah Amera Ceasar v. United States |
Second Circuit |
2022-02-10 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
18-usc-3553(a) appellate-standard circuit-split criminal-sentencing gall-v-united-states sentencing-review standard-of-review statutory-interpretation substantive-reasonableness terrorism terrorism-cases |
In Gall v. United States, 128 S. Ct. 586 (2007), this Court held that appellate courts must review the substantive reasonableness of all sentences und… |
| 21-7065 |
Lori Majors v. United States |
Fifth Circuit |
2022-02-07 |
Denied |
Response WaivedIFP |
criminal-sentencing procedural-reasonableness ransom-demand sentencing-guidelines substantive-reasonableness upward-adjustment vulnerable-victim |
DID THE DISTRICT COURT ERR BY ASSIGNING A TWO-LEVEL UPWARD ADJUSTMENT PURSUANT TO U.S.S.G. §3A1.1(b)(1) BASED ON ITS ERRONEOUS FINDING THAT THE CASE I… |
| 21-7062 |
Michael Devell Smith v. United States |
Fifth Circuit |
2022-02-04 |
Denied |
Response WaivedIFP |
3553(a) criminal-procedure criminal-sentencing district-court-discretion guidelines section-3553a sentence-disparity sentencing sentencing-guidelines substantive-reasonableness unwarranted-disparities |
Whether the district court ordered an unreasonable 24-month sentence considering the facts of this case and the Guidelines sentence range of 12 to 18 … |
| 21-6937 |
Colin Michael v. United States |
Eighth Circuit |
2022-01-21 |
Denied |
Response WaivedIFP |
appellate-review district-court district-court-discretion judicial-presumption rita-v-united-states sentencing sentencing-commission sentencing-guidelines substantive-reasonableness united-states-sentencing-commission |
Should an appellate court automatically presume that a within - or below guideline sentence is substantively reasonable when the underlying rationale … |
| 21-6566 |
Steven Craig Bethea v. United States |
Fourth Circuit |
2021-12-09 |
Denied |
Response WaivedIFP |
abuse-of-discretion constitutional-review criminal-sentencing discretion eighth-amendment judicial-abuse sentencing sentencing-discretion substantive-reasonableness upward-variance |
WHETHER THE DISTRICT COURT ERRED IN SENTENCING THE APPELLANT STEVEN BETHEA TO A GREATER SENTENCE THAN NECESSARY AS THE COURT ABUSED ITS DISCRETION BY … |
| 21-6450 |
Steven Zinnel v. United States |
Ninth Circuit |
2021-11-30 |
Denied |
Response WaivedIFP |
apprendi-v-new-jersey criminal-procedure gall-v-united-states jury-determination sentencing sentencing-enhancement sentencing-guidelines sixth-amendment substantive-reasonableness substantive-unreasonableness |
Any fact that increases the penalty to which a defendant is exposed constitutes an element of a crime under and must be found by a jury, not a judge. … |
| 21-6426 |
Lee Dale White v. United States |
Fifth Circuit |
2021-11-24 |
Denied |
IFP |
appellate-review criminal-justice-reform first-step-act section-404 sentencing substantive-reasonableness |
Whether a district court's denial of a motion for relief from under Section 404 of the First Step Act is subject to substantive reasonableness review? |
| 21-6362 |
Rocky Krupa v. United States |
Sixth Circuit |
2021-11-19 |
Denied |
Response WaivedIFP |
booker booker-standard district-court-discretion due-process family-circumstances probabilistic-model procedural-reasonableness sentencing-guidelines substantive-reasonableness u.s.s.g.-§5h1.6 |
Question I. – Was Rocky Krupa's sentence procedurally and substantively unreasonable as the district court did not consider nor articulate why the app… |
| 21-6318 |
Michael Aaron Aldridge v. United States |
Fifth Circuit |
2021-11-17 |
Denied |
Response WaivedIFP |
consecutive-sentences criminal-sentencing sentencing-guidelines statutory-interpretation substantive-reasonableness supervised-release |
1. Whether the district court exceeded the statutory maximum sentence of 24 months imprisonment when it imposed five separate sentences of imprisonmen… |
| 21-6207 |
Philip Bernard Friend v. United States |
Fourth Circuit |
2021-11-05 |
Denied |
Response WaivedIFP |
appellate-review comparable-cases comparative-sentencing criminal-procedure federal-sentencing-guidelines juvenile-offenders sentencing-disparities sentencing-reasonableness sentencing-review substantive-reasonableness substantive-review |
The question presented is whether an appellate court reviewing a sentence for substantive reasonableness should consider, when presented, a comparison… |
| 21-6190 |
Joe Lewis Finley v. United States |
Fifth Circuit |
2021-11-04 |
Denied |
IFP |
appellate-review criminal-justice-reform first-step-act section-404 sentencing substantive-reasonableness |
Whether a district court's denial of a motion for relief from under Section 404 of the First Step Act is subject to substantive reasonableness review? |
| 21-5999 |
Steven Dewayne Gilbert v. United States |
Fifth Circuit |
2021-10-19 |
Denied |
Response WaivedIFP |
appellate-procedure career-offender-guideline circuit-split criminal-sentencing district-court-discretion guideline-interpretation holguin-hernandez procedural-reasonableness sentencing-review substantive-reasonableness |
1. This Court in Holguin-Hernandez recently held that a defendant's argument in the district court for a lower sentence preserves appellate review to … |
| 21-5973 |
Jesus Lopez-Mejia v. United States |
Fifth Circuit |
2021-10-14 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines substantive-reasonableness |
I. Whether Petitioner's sentence was substantively unreasonable? |
| 21-5899 |
Joseph Vasquez, Jr. v. United States |
Ninth Circuit |
2021-10-05 |
Denied |
Response WaivedIFP |
career-offender guidelines individualized-sentencing judicial-discretion sentencing-factors sentencing-guidelines sentencing-reasonableness sentencing-review substantive-reasonableness substantive-review |
Whether a below guidelines sentence can still result in a
substantively unreasonable sentence? |
| 21-5229 |
Jevante Marcus Richmond and Arthur Gene Evans, Jr. v. United States |
Fourth Circuit |
2021-07-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing district-court fourth-circuit procedural-reasonableness sentencing-review substantive-reasonableness |
Whether the Fourth Circuit failed to apply substantive reasonableness review of the sentences imposed by the district court? |
| 20-8405 |
Robert Allen Vestal v. United States |
Fifth Circuit |
2021-06-23 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-8316 |
Michael Lawrence Williams v. United States |
Fifth Circuit |
2021-06-15 |
Denied |
IFP |
appellate-review criminal-sentencing district-court first-step-act sentencing-reform substantive-reasonableness |
Whether a district court's denial of a motion for relief from under Section 404 of the First Step Act is subject to substantive reasonableness review? |
| 20-8254 |
Demario M. Peterson v. United States |
Sixth Circuit |
2021-06-08 |
Denied |
Response WaivedIFP |
acquitted-conduct due-process fifth-amendment jury-trial procedural-reasonableness sentencing sentencing-variance sixth-amendment substantive-reasonableness |
Whether the Sixth Amendment, Fifth Amendment, and this Court's jurisprudence on the procedural and substantive reasonableness of sentences are implica… |
| 20-8230 |
Jorge De Los Santos v. United States |
Ninth Circuit |
2021-06-04 |
Denied |
Response WaivedIFP |
criminal-history criminal-procedure due-process liberty-interest liberty-restriction rehabilitation sentencing-conditions sex-offender substantive-reasonableness supervised-release |
For a low-level sex offender (like a mere possessor of child pornography with no prior criminal history), is a supervised-release condition prohibitin… |
| 20-7912 |
Jorge Gomez-Gomez v. United States |
Ninth Circuit |
2021-05-04 |
Denied |
Response WaivedIFP |
appellate-review criminal-law criminal-procedure due-process judicial-discretion sentencing sentencing-guidelines substantive-reasonableness |
Whether the court of appeals erred by concluding that Petitioner's 99-month sentence was substantively reasonable. |
| 20-7409 |
Eduardo Pena-Garcia v. United States |
Fifth Circuit |
2021-03-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-7052 |
Joshua Wright v. United States |
Fourth Circuit |
2021-02-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion mitigating-factors procedural-reasonableness reasonableness sentencing substantive-reasonableness |
Where the court failed to address Petitioner's mitigating arguments and failed to justify its sentence, whether the 151-month sentence is procedurally… |
| 20-6971 |
Jason Alfred Martinez v. United States |
Fifth Circuit |
2021-01-28 |
Denied |
Response WaivedIFP |
circuit-split criminal-procedure plain-reasonableness revocation-of-supervised-release revocation-sentence sentencing sentencing-review standard-of-review substantive-reasonableness |
I. Did the court of appeals err when it reviewed the district court's sentence for plain reasonableness?
II. Did the district court impose a plainly … |
| 20-6946 |
Barry Cashin v. United States |
Sixth Circuit |
2021-01-26 |
Denied |
IFP |
appellate-jurisdiction appellate-review circuit-split criminal-procedure due-process procedural-reasonableness sentence-reduction sentencing statutory-interpretation substantive-reasonableness |
Does 18 U.S.C. § 3742(a) restrict appellate courts' authority to review the procedural and substantive reasonableness of a denial of a motion for a se… |
| 20-6474 |
Pedro Fermin Barajas v. United States |
Fifth Circuit |
2020-11-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-6406 |
Jeffrey Neal Cuddington v. United States |
Fifth Circuit |
2020-11-23 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-split history-and-characteristics preservation-of-error procedural-reasonableness sentencing sentencing-procedure substantive-reasonableness |
I. In Holguin-Hernandez v. United States, this Court reserved whether a
formal objection at the time of sentencing is required to preserve abuseof-dis… |
| 20-6246 |
Adam Joseph Bogema v. United States |
Ninth Circuit |
2020-11-06 |
Denied |
Response WaivedIFP |
18-usc-3553 advisory-guidelines appellate-review criminal-sentencing mental-illness sentencing-guidelines standard-of-review statutory-interpretation substantive-reasonableness unwarranted-disparity |
Whether this Court should provide some guidance to the appellate courts on the proper evaluation of a within guidelines sentence vis-a-vis 18 U.S.C. §… |
| 20-6237 |
Jamar Parker v. United States |
Fourth Circuit |
2020-11-05 |
Denied |
Response WaivedIFP |
criminal-history district-court mitigating-factors mitigation-arguments procedural-reasonableness sentencing substantive-reasonableness |
Where the district court failed to consider or address Petitioner's mitigating arguments and focused exclusively on his criminal history, whether the … |
| 20-6155 |
Jordan Sandoval v. United States |
Tenth Circuit |
2020-10-28 |
Denied |
Response WaivedIFP |
appellate-review circuit-split congress-intent judicial-discretion proportional-sentencing reasonableness-standard reckless-conduct sentencing-guidelines sentencing-reform-act substantive-reasonableness |
(1) Currently, the circuits are split in defining the role of appellate courts in conducting a meaningful substantive reasonableness review of a Defen… |
| 20-6134 |
Adam Alfredo Flores v. United States |
Fifth Circuit |
2020-10-26 |
Denied |
Response WaivedIFP |
8th-amendment criminal-history cruel-and-unusual-punishment disproportionate-sentence eighth-amendment felon-in-possession sentencing-guidelines substantive-reasonableness |
Was a maximum ten year sentence above the guidelines of 70 to 87 months' imprisonment for Felon in Possession of a Firearm substantively unreasonable,… |
| 20-5951 |
Joshua Scott Richards v. United States |
Tenth Circuit |
2020-10-08 |
Denied |
Response WaivedIFP |
child-pornography criminal-procedure criminal-sentencing federal-sentencing sentencing sentencing-guidelines substantive-reasonableness u.s.-sentencing-commission u.s.s.g.-§-2g2.2 |
Whether a sentence imposed pursuant to the United States Sentencing Guidelines covering the crimes of accessing or possessing child pornography, U.S.S… |
| 20-5903 |
Christopher Younger v. United States |
Fifth Circuit |
2020-10-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing district-court-discretion due-process federal-sentencing-law prison-sentence reasonableness-review sentencing-factors sentencing-guidelines substantive-reasonableness |
Whether the district court ordered an unreasonable 120-month prison sentence under the facts of this case, and considering the recommended Sentencing … |
| 20-5851 |
John Christopher Badgett v. United States |
Fifth Circuit |
2020-09-30 |
Denied |
Response WaivedIFP |
appellate-review circuit-court criminal-procedure due-process fifth-circuit judicial-discretion sentencing sentencing-review substantive-reasonableness united-states-v-haymond |
I. Whether this Court should grant certiorari, vacate the sentence and remand to the Fifth Circuit for reconsideration in light of United States v. Ha… |
| 20-5771 |
Taveon Nixon v. United States |
Fourth Circuit |
2020-09-24 |
Denied |
Response WaivedIFP |
appeal-waiver due-process miscarriage-of-justice procedural-reasonableness sentencing statutory-maximum substantive-reasonableness |
WHETHER THE TRIAL COURT'S OVERT CONSIDERATION OF THE EXISTENCE AND NATURE OF AN APPEAL WAIVER PRIOR TO VARYING UPWARD TO THE STATUTORY MAXIMUM SENTENC… |
| 20-5770 |
David A. Bridgewater v. United States |
Seventh Circuit |
2020-09-23 |
Denied |
Response WaivedIFP |
apprendi-rule dismissed-conduct due-process fifth-amendment judicial-fact-finding sentencing sentencing-guidelines sixth-amendment substantive-reasonableness |
Whether the Fifth and Sixth Amendments prohibit a court from relying solely on dismissed conduct to impose an otherwise substantively unreasonable sen… |
| 20-5655 |
Casye Necole Richardson v. United States |
Fifth Circuit |
2020-09-11 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 20-5586 |
Jose Zamudio-Silva v. United States |
Ninth Circuit |
2020-09-03 |
Denied |
Response WaivedIFP |
appellate-review circuit-split criminal-procedure federal-sentencing sentencing-departures sentencing-guidelines substantive-reasonableness |
When considering guidelines rulings, should appellate courts review the decision to depart from the guideline range in the same way as other guideline… |
| 20-5424 |
Alfred Lee Hanzy, Jr. v. United States |
Fourth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing federal-sentencing fourth-circuit gall-precedent gall-v-united-states judicial-discretion procedural-reasonableness sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the Fourth Circuit's decision is in conflict with the Court's decision
in Gall v. United States, 552 U.S. 38 (2007). |
| 20-5433 |
Gregory Wind v. United States |
Fifth Circuit |
2020-08-20 |
Denied |
Response WaivedIFP |
appellate-deference circuit-split deference district-court federal-courts-of-appeals federal-sentencing judicial-discretion sentencing sentencing-review standard-of-review substantive-reasonableness |
Did the district court impose a substantively unreasonable sentence upon Mr. Wind? |
| 19-8912 |
Giezi Arce-Calderon v. United States |
First Circuit |
2020-07-07 |
Denied |
Response WaivedIFP |
abuse-of-discretion criminal-procedure criminal-sentencing due-process guideline-range guideline-sentence judicial-discretion plea-agreement plea-bargaining sentencing sentencing-guidelines substantive-reasonableness |
A. Whether the sentence imposed on Mr. Arce is substantively unreasonable, despite being a guideline sentence of six months, where the parties agreed … |
| 19-8605 |
Courtland Barnes v. United States |
Fourth Circuit |
2020-06-04 |
Denied |
Response WaivedIFP |
child-pornography criminal-sentencing district-court federal-appeals federal-sentencing-guidelines fourth-circuit mitigating-evidence sentencing-guidelines substantive-reasonableness |
Whether the district court's reliance on the child pornography guideline and the mitigating evidence Petitioner offered to the court require the vacat… |
| 19-8592 |
Maria Soly Almonte, aka Soly Almonte, aka Soly La Fuerte, aka SoSo, aka SoSo Wavy, aka Soly Montana v. United States |
Second Circuit |
2020-06-03 |
Denied |
Response WaivedIFP |
age-of-consent appellate-review criminal-procedure due-process obstruction-of-justice procedural-reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
1. Whether Almonte's sentence was procedurally unreasonable because the district court failed to determine whether she obstructed justice under Guidel… |
| 19-8390 |
Do Kyun Kim v. United States |
Fifth Circuit |
2020-05-01 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure due-process federal-courts judicial-discretion sentencing sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-1260 |
Andrew Demma v. United States |
Sixth Circuit |
2020-04-30 |
Denied |
Response RequestedResponse WaivedRelisted (3) |
18-usc-3553a appeals-court child-pornography circuit-split discretion gall-v-united-states judicial-discretion kimbrough-v-united-states policy-disagreement sentencing-guidelines substantive-reasonableness |
(1) Whether the discretion recognized under Kimbrough v. United States for a district court to vary based on a policy disagreement applies to the chil… |
| 19-8137 |
Rafael Posadas-Gonzalez v. United States |
Fifth Circuit |
2020-03-30 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing federal-sentencing procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness upward-departure |
Whether the District Court and Court of Appeals misapplied the law under U.S.S.G § 4A1.3 and 18 U.S.C. § 3553 (a) sentencing factors in granting an up… |
| 19-8065 |
Reinaldo Vasquez-Rivera v. United States |
First Circuit |
2020-03-23 |
Denied |
Response WaivedIFP |
appellate-review district-court-discretion guidelines-range procedural-reasonableness sentencing-factors sentencing-guidelines standard-of-review substantive-reasonableness supervised-release |
Question not identified. |
| 19-8027 |
Javier Gomez-Carrasquillo v. United States |
First Circuit |
2020-03-18 |
Denied |
Response WaivedIFP |
18-usc-3553(a) circuit-review criminal-procedure criminal-sentencing individualized-assessment plea-agreement procedural-reasonableness puerto-rico-crime sentencing-factors sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Question not identified. |
| 19-7851 |
Lenin Martinez-Alvarado v. United States |
Eleventh Circuit |
2020-03-03 |
Denied |
Response WaivedIFP |
18-usc-3553 concurrent-sentences criminal-procedure criminal-sentencing district-court downward-departure eleventh-circuit jurisdiction substantive-reasonableness u.s.s.g-§4a1.3 |
I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT HELD THAT IT DID NOT HAVE JURISDICTION TO REVIEW THE DISTRICT COURT'S DENIAL… |
| 19-7622 |
Samuel Elliott v. United States |
Tenth Circuit |
2020-02-10 |
Denied |
Response WaivedIFP |
8th-amendment appellate-review child-pornography criminal-procedure criminal-sentencing due-process federal-guidelines sentencing sentencing-guidelines substantive-reasonableness substantive-unreasonableness |
Whether a sentence imposed pursuant to the United States Sentencing Guidelines covering child pornography offenses, U.S.S.G. §S 2G2.1 and 2G2.2, is su… |
| 19-7470 |
Agustin Martinez-Lopez v. United States |
Fifth Circuit |
2020-01-29 |
Denied |
Response WaivedIFP |
18-usc-3553a appellate-review appellate-standard circuit-split criminal-procedure criminal-sentencing criminal-sentencing,appellate-review,18-usc-3553(a federal-sentencing gall-v-united-states judicial-discretion sentencing sentencing-factors sentencing-review statutory-interpretation substantive-reasonableness |
L When conducting their substantive-reasonableness review of sentences, can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a), as… |
| 19-7427 |
Rodolfo Perez-Jimenez v. United States |
Fifth Circuit |
2020-01-28 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference due-process federal-sentencing judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-7331 |
Lavorice Dondrell Cunningham v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure criminal-sentencing due-process judicial-discretion legal-standard pending-resolution remand sentencing sentencing-guidelines standard-of-review substantive-reasonableness |
1. What is the appropriate standard for the determination of substantive reasonableness claim?
SUB SIDIARY QUESTI ON: Whether the Court should hold t… |
| 19-7293 |
Desmond Bowen v. United States |
Fifth Circuit |
2020-01-15 |
Denied |
Response WaivedIFP |
18-usc-3553(a) appellate-review booker-v-united-states federal-sentencing gall-v-united-states judicial-standard sentencing-discretion sentencing-factors sentencing-review statutory-interpretation substantive-reasonableness |
18 U.S.C. § 3553(a) states: "The court shall impose a sentence sufficient, but not greater than necessary." Indeed, there are factors found in § 3553(… |
| 19-7234 |
Denzel Chisholm, aka Den, aka Din v. United States |
First Circuit |
2020-01-09 |
Denied |
Response WaivedIFP |
anti-drug-abuse-act anti-drug-abuse-act-1986 anti-drug-abuse-act-of-1986 congressional-intent criminal-law criminal-sentencing drug-offense proportionality retail-level-manager sentencing sentencing-reasonableness statutory-interpretation substantive-reasonableness |
Whether a 342-month sentence for a retail-level manager is substantively reasonable where it far exceeds a sentence that properly accounts for Congres… |
| 19-7092 |
Laforest Carmichael, aka LaForrest Carmichael v. United States |
Eleventh Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a circuit-split mandatory-revocation sentencing-factors statutory-maximum substantive-reasonableness supervised-release |
Should this Court resolve the current circuit split over whether a sentencing judge must consider the 18 U.S.C. § 3553(a) sentencing factors when impo… |
| 19-7105 |
Miguel Jilberto Vazquez-Chavarria v. United States |
Fifth Circuit |
2019-12-30 |
Denied |
Response WaivedIFP |
18-usc-3553a abuse-of-discretion appellate-review criminal-sentencing due-process judicial-discretion remand sentencing-factors sentencing-guidelines sentencing-review statutory-interpretation substantive-reasonableness |
1. Whether substantive reasonableness review requires or permits the courts of appeals to "reweigh the [18 U.S.C. §3553(a)] factors"?
SUBSIDIARY QUES… |
| 19-7038 |
Angela Maxine Lee v. United States |
Fifth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
18-usc-3553 18-usc-922 18-usc-924 3553-a-factors 3553a-factors appellate-review criminal-procedure criminal-sentencing district-court-discretion federal-sentencing-guidelines sentencing-guidelines sentencing-reasonableness standard-of-review substantive-reasonableness |
Whether the above-Guidelines 84-month sentence ordered by the district court is substantively unreasonable under the § 3553(a) factors. |
| 19-7044 |
Darmarcus Fisher v. United States |
Fifth Circuit |
2019-12-20 |
Denied |
Response WaivedIFP |
aggravated-assault appeal appellate-review criminal-procedure criminal-sentencing district-court due-process fifth-circuit procedural-reasonableness sentencing sentencing-enhancement sentencing-guidelines standard-of-review substantive-reasonableness |
Whether the district court imposed a substantively unreasonable sentence and erred by imposing a 4-level enhancement for aggravated assault. |
| 19-6882 |
Zackary Ikaika Bryton Thompson v. United States |
Fifth Circuit |
2019-12-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference due-process judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-6758 |
Michael Tryance Anderson v. United States |
Eighth Circuit |
2019-11-26 |
Denied |
Response WaivedIFP |
14th-amendment appellate-standard booker-standard circuit-court civil-procedure civil-rights due-process equal-protection federal-sentencing sentencing-review standing substantive-reasonableness |
Whether the Eighth Circuit's substantive reasonableness review satisfies the standards set forth in United States v. Booker, 543 U.S. 220 (2005), Gall… |
| 19-6644 |
Darrell Freeze v. United States |
Fifth Circuit |
2019-11-15 |
Denied |
Response WaivedIFP |
5th-amendment 6th-amendment criminal-procedure due-process federal-courts federal-sentencing fifth-amendment judicial-fact-finding sentencing sixth-amendment substantive-reasonableness |
Whether the Fifth and Sixth Amendments permit judges to find the facts necessary to support an otherwise substantively unreasonable federal sentence. |
| 19-6415 |
Jose Eleuterio Nava v. United States |
Fifth Circuit |
2019-10-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference district-court due-process judicial-discretion sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-6036 |
Arturo Eduardo Dominguez-Calderon v. United States |
Fifth Circuit |
2019-09-24 |
Denied |
Response WaivedIFP |
appellate-review courts-of-appeals criminal-procedure criminal-sentencing due-process holguin-hernandez-v-united-states judicial-discretion remand sentencing-factors sentencing-review substantive-reasonableness |
Whether substantive reasonableness review requires or permits the courts of appeals to "reweigh the sentencing factors"?
SUBSIDIARY QUESTION: Whether… |
| 19-5922 |
Pedro Munoz, aka Pedro Munoz Ruiz v. United States |
Fifth Circuit |
2019-09-12 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference district-court federal-courts-of-appeals federal-sentencing judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-5883 |
Richard Johnson v. United States |
Eleventh Circuit |
2019-09-10 |
Denied |
Response WaivedIFP |
criminal-procedure eleventh-circuit evidentiary-hearing fourth-amendment franks-challenge franks-v-delaware gall-standard search-warrant search-warrant-challenge-standard sentencing-variance substantial-preliminary-showing substantive-reasonableness veracity |
I. Whether this Court Should Clarify the Quantum Necessary for a Finding of a "Substantial Preliminary Showing" That Entitles Defendants to a Hearing … |
| 19-5448 |
Antolin Torres Abonza v. United States |
Fifth Circuit |
2019-08-05 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing deference due-process federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness substantive-reasonableness-review |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 19-5425 |
Damien Riley v. United States |
Fourth Circuit |
2019-08-01 |
Denied |
Response WaivedIFP |
appellate-review career-offender criminal-procedure criminal-sentencing due-process residual-clause sentencing-guidelines substantive-reasonableness united-states-code united-states-v-booker |
Whether a sentence imposed under the Career Offender Guidelines is reasonable in light of the subsequent 798 Amendment to the Guidelines, in a case wh… |
| 18-9635 |
Carlos Antonio Flores v. United States |
Fourth Circuit |
2019-06-12 |
Denied |
Response WaivedIFP |
adequate-deference co-defendant-sentences deference due-process just-punishment plea-agreement plea-bargaining sentencing sentencing-disparities substantive-reasonableness |
Is the Sentence Substantially unreasonable because if creates unwarranted Sentence Disparities for deterrence and in light of the fact that the Senten… |
| 18-9641 |
Clifford Brigham v. United States |
Ninth Circuit |
2019-06-12 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-law criminal-procedure due-process sentencing sentencing-guidelines statutory-maximum substantive-reasonableness |
Whether the imposition of the statutory maximum, 60-month term was substantively unreasonable. |
| 18-9578 |
James Jacob Parrish, Jr. v. United States |
Fourth Circuit |
2019-06-07 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process firearm-enhancement ineffective-assistance-of-counsel prior-conviction procedural-reasonableness sentencing sentencing-departure sentencing-guidelines sentencing-procedure sentencing-reasonableness sentencing-variance sixth-amendment substantive-reasonableness |
Whether Parrish's sentence was procedurally and substantively unreasonable because the district court imposed an unsupported departure and/or variance… |
| 18-9589 |
Nicholas Bradley Gilbert v. United States |
Fifth Circuit |
2019-06-07 |
GVR |
IFP |
appellate-review criminal-penalties criminal-procedure criminal-procedure-sentencing district-court district-court-discretion felon-possession interstate-commerce sentencing sentencing-factors sentencing-guidelines sentencing-review substantive-reasonableness |
1. Whether substantive reasonableness review requires or permits the courts of appeals to "substantively second guess" the district court and/or to "r… |
| 18-9459 |
Trinidad Nanez-Rivera v. United States |
Tenth Circuit |
2019-05-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing due-process federal-common-law mitigating-circumstances sentencing sentencing-guidelines sentencing-review substantive-reasonableness tenth-circuit within-guideline-sentences within-range-sentence |
Have the length of within-guideline sentences become effectively unreviewable in practice, and is Mr. Nanez-Rivera's sentence near the top of the rang… |
| 18-9306 |
Shawn Sayer v. United States |
First Circuit |
2019-05-16 |
Denied |
Response WaivedIFP |
18-usc-3553 criminal-procedure criminal-sentencing due-process maximum-sentence probation-report procedural-error procedural-reasonableness sentencing sentencing-guidelines substantive-reasonableness upward-variance |
I. Whether the district court erred by imposing a sentence without adequate explanation pursuant to 18 U.S.C. § 3553(c), and the length of which sente… |
| 18-9010 |
Joel Augutuk Mayokok v. United States |
Eighth Circuit |
2019-04-26 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review criminal-procedure due-process judicial-error re-sentencing sentence-reasonableness sentencing sentencing-discretion sentencing-guidelines substantive-reasonableness unsupported-enhancement |
I. Did the District Court's decision at re-sentencing to re-impose the
same 240-month sentence it initially imposed, where the Court had
erred in its … |
| 18-8521 |
Angel Galan v. United States |
Second Circuit |
2019-03-22 |
Denied |
Response WaivedIFP |
8th-amendment criminal-procedure due-process felon-in-possession firearm-offense ineffective-assistance obstruction-enhancement sentencing-guidelines sentencing-variance substantive-reasonableness upward-variance |
WHETHER THE SENTENCING COURT'S UPWARD VARIANCE FROM 71 MONTHS TO 84 MONTHS FOR FELON IN POSSESSION OF A FIREARM WAS SUBSTANTIVELY UNREASONABLE
WHETHE… |
| 18-8498 |
Oryan Yazzie v. United States |
Tenth Circuit |
2019-03-20 |
Denied |
Response WaivedIFP |
criminal-procedure due-process guideline-range mental-health sentencing sentencing-guidelines sentencing-review substantive-reasonableness supervised-release |
Is a supervised release revocation sentence of a length more than double the top of the advisory Guideline range substantively unreasonable if the dis… |
| 18-8362 |
Pedro Rodriguez-Cortez v. United States |
Ninth Circuit |
2019-03-11 |
Denied |
Response WaivedIFP |
18-usc-3553 9th-circuit appellate-review criminal-sentencing federal-sentencing-guidelines immigration-offense sentencing-factors sentencing-guidelines sentencing-reasonableness substantive-reasonableness supervised-release |
Whether a combined 70-month sentence on an immigration offense and the underlying supervised release violation was substantively unreasonable? |
| 18-8165 |
Michael J. Galvan v. United States |
Fifth Circuit |
2019-02-27 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure deference federal-courts judicial-discretion sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? |
| 18-8079 |
Christopher Loran Bentley v. United States |
Eleventh Circuit |
2019-02-22 |
Denied |
Response WaivedIFP |
abuse-of-discretion acceptance-of-responsibility criminal-sentencing judicial-discretion notice-requirement relevant-conduct sentencing-guidelines sentencing-reasonableness statutory-maximum substantive-reasonableness upward-departure |
1. WHETHER THE DISTRICT COURT ERRED IN SENTENCING MR.
BENTLEY TO A STATUTORY MAXIMUM OF 120 MONTHS IN
THAT SUCH SENTENCE WAS GREATER THAN NECESSARY TO… |
| 18-7938 |
Alex Quintana-Torres v. United States |
Tenth Circuit |
2019-02-13 |
Denied |
Response WaivedIFP |
appellate-review criminal-history criminal-sentencing drug-addiction drug-offense presumption-of-reasonableness sentencing sentencing-guidelines sentencing-review substantive-reasonableness |
In Rita v. United States, 551 U.S. 338 (2007), this Court held that an appellate court could presume that a procedurally-reasonable, within-Guidelines… |
| 18-7910 |
Richard Fuentes v. United States |
Fifth Circuit |
2019-02-12 |
Denied |
Response WaivedIFP |
armed-career-criminal-act johnson-v-united-states maximum-imprisonment maximum-sentence revocation-sentence sentencing statutory-maximum substantive-reasonableness supervised-release |
Can a prison sentence imposed upon revocation of supervised release ever be substantively reasonable when: 1) it was authorized by virtue of the fact … |
| 18-7646 |
Jesse Sawyer v. United States |
Second Circuit |
2019-01-29 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing district-court due-process federal-procedure judicial-mandate judicial-power mandate sentencing standard-of-review substantive-reasonableness |
1. Whether the powers of federal appellate courts are diminished and whether a defendant is deprived of his fundamental right to appellate review when… |
| 18-7566 |
Pedro Goris, aka Pedro Goriz, aka Pedro Abreu v. United States |
Second Circuit |
2019-01-24 |
Denied |
Response WaivedIFP |
abuse-of-discretion appeals appellate-review constitutional-review criminal-procedure criminal-sentencing due-process federal-sentencing-guidelines judicial-discretion reasonableness sentencing-guidelines sentencing-reasonableness substantive-reasonableness |
Whether Petitioner's sentence was both procedurally and substantively unreasonable. |
| 18-6971 |
Zachery Joseph Cooley, aka Red v. United States |
Eleventh Circuit |
2018-12-10 |
Denied |
Response WaivedIFP |
appellate-review criminal-sentencing gall-v-united-states guideline-calculation harmless-error judicial-discretion procedural-error procedural-reasonableness sentencing-guidelines substantive-reasonableness |
When a defendant appeals his sentence on the grounds that his Guideline range was miscalculated, may an appellate court disregard any error in the gui… |
| 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… |
| 18-6732 |
Myron Gerald Stevens v. United States |
Eleventh Circuit |
2018-11-19 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-sentencing discretion-to-vary downward-variance judicial-discretion procedural-reasonableness sentencing-factors sentencing-guidelines substantive-reasonableness |
1. Did the trial court impose a procedurally unreasonable sentence of life imprisonment upon conviction of a first offense, where it applied an incorr… |
| 18-6561 |
In Re Jesus Denova Lopez |
|
2018-11-05 |
Denied |
Response WaivedIFP |
abuse-of-discretion appellate-review circuit-court-discretion guidelines-range section-3553(a) section-3553a sentencing sentencing-guidelines sentencing-reasonableness standard-of-review substantive-reasonableness |
WHETHER THE PANEL OF THE FIFTH CIRCUIT COURT OF APPEALS ABUSED ITS DISCRETION BY THE RUBBERSTAMP OF THE ERRONEOUS AND IMPERMISSIBLE CONCLUSION OF ERST… |
| 18-456 |
Michael J. Persico v. United States |
Second Circuit |
2018-10-11 |
Denied |
Response Waived |
apprendi due-process fifth-amendment judicial-discretion jury-trial plea-agreement plea-bargaining sentencing sixth-amendment substantive-reasonableness |
1. Does Petitioner's sentence, which would have been deemed substantively unreasonable in the absence of the district court's factual findings, violat… |
| 18-6266 |
Ivan Rivera-Solis v. United States |
Fifth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
18-usc-3553a appellate-review circuit-split criminal-sentencing gall-standard gall-v-united-states sentencing-factors sentencing-review standard-of-review substantive-reasonableness |
When conducting their substantive reasonableness review of sentences, can appellate courts reweigh the sentencing factors in 18 U.S.C. § 3553(a), as t… |
| 18-6271 |
Sonny Scott v. United States |
Fifth Circuit |
2018-10-10 |
Denied |
Response WaivedIFP |
appellate-review appellate-standard booker-standard circuit-split criminal-procedure plain-error plain-error-review reasonableness-challenge reasonableness-standard sentencing sentencing-review standard-of-review substantive-reasonableness united-states-v-booker |
(1) When—if at all—must a defendant object to the reasonableness of a sentence to preserve that argument for appellate review?
(2) What is the proper… |
| 18-6206 |
Jason Randall Howard v. United States |
Fourth Circuit |
2018-10-03 |
Denied |
Response WaivedIFP |
criminal-procedure criminal-sentencing due-process judicial-discretion procedural-reasonableness sentencing sentencing-disparities sentencing-factors sentencing-guidelines substantive-reasonableness variance-sentence |
1. Is Howard's 457% above-guideline variance sentence procedurally unreasonable because the District Court failed to consider the need to avoid unwarr… |
| 18-6092 |
Robert Dion Ables v. United States |
Fifth Circuit |
2018-09-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
appellate-review criminal-appeals criminal-procedure criminal-procedure-plain-error-review empirical-analysis empirical-foundation-of-guidelines guideline-2g2.2 judicial-discretion plain-error sentencing sentencing-guidelines sentencing-policy substantive-reasonableness substantive-reasonableness-of-sentences |
I. Whether factual error is categorically immune from plain error review?
II. Whether sentences arising under Guideline 2G2.2 tend to produce substan… |
| 18-6049 |
Robert Wallace Smith v. United States |
Ninth Circuit |
2018-09-20 |
Denied |
Response WaivedIFP |
child-pornography criminal-sentencing due-process first-offender internet-crime sentencing-guidelines statutory-maximum substantive-reasonableness |
Whether the district court's statutory maximum, 240-month sentence is substantively unreasonable for a first offender convicted of one count of receiv… |
| 18-6007 |
Valerie Louise Williams v. United States |
Fourth Circuit |
2018-09-17 |
Denied |
Response WaivedIFP |
advisory-guidelines appellate-review criminal-procedure downward-variance federal-sentencing federal-sentencing-guidelines judicial-discretion presumption-of-reasonableness sentencing sentencing-guidelines substantive-reasonableness |
Whether The Court Should Grant Certiorari to Provide Further Clarification as to the Presumption of Substantive Reasonableness for Downward Variances … |
| 18-5973 |
Alvin Ramirez-De Jesus v. United States |
First Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
18-usc-3553(a) booker-standard criminal-procedure drug-conspiracy exclusionary-rule fourth-amendment probable-cause probation-revocation procedural-reasonableness reasonable-suspicion search-and-seizure sentencing-factors sentencing-guidelines substantive-reasonableness supervised-release |
Question not identified. |
| 18-5828 |
Adolfo Lopez-Garcia v. United States |
Seventh Circuit |
2018-08-29 |
Denied |
Response WaivedIFP |
18-usc-3553(a) 18-usc-3553a 18-usc-3582(c)(2) 3582c-motion amendment-782 criminal-procedure criminal-sentencing district-court procedural-reasonableness sentence-reduction sentencing-discretion sentencing-error sentencing-guidelines statutory-directive statutory-interpretation substantive-error substantive-reasonableness sufficient-but-not-greater-than-necessary |
Whether the District Court Committed substantive error when failed to impose a sentence that was sufficient but not greater than necessary to comply w… |
| 18-5129 |
Rodolfo Trejo v. United States |
Sixth Circuit |
2018-07-06 |
Denied |
Response WaivedIFP |
appellate-review criminal-procedure criminal-sentencing double-counting due-process eighth-amendment equal-protection immigration sentencing sentencing-disparity sentencing-guidelines statutory-interpretation substantive-reasonableness |
I.- Whether Petitioner's Sentence Constitutes Impermissible Double Counting.
Whether Petitioner's Sentence is Substantively Unreasonable Under the th… |
| 18-5108 |
Jaime Davila-Reyes, aka Peluche, aka Pai, aka Jaime, aka Chezina v. United States |
First Circuit |
2018-07-03 |
Denied |
Response WaivedIFP |
burden-of-proof criminal-sentencing dismissed-charges due-process judicial-discretion preponderance-of-evidence sentencing sentencing-reasonableness substantive-reasonableness unproven-allegations |
Whether Petitioner's sentence was substantively unreasonable because the district court violated due process when it enhanced Petitioner's sentence ba… |
| 18-16 |
Larone Frederick Elijah v. United States |
Fourth Circuit |
2018-07-02 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
appellate-review criminal-procedure criminal-procedure-sentencing-guidelines-harmless- district-court federal-sentencing harmless-error procedural-reasonableness sentencing-guidelines substantive-reasonableness variance-sentence |
In Rosales-Mireles, 138 S. Ct. 1897 (2018), this Court held that "before a court of appeals can consider the substantive reasonableness of a sentence,… |