supervised-release

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Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6718 Otto Melvin Ramirez v. United States Fifth Circuit 2026-02-04 Pending IFP circuit-split deportable-alien individualized-finding sentencing-factors statutory-interpretation supervised-release Whether a district court violated 18 U.S.C. § 3583(c) and U.S.S.G. § 5D1.1(c) by imposing a term of supervised release on a deportable defendant witho…
25-6653 Randy Campos v. United States Fifth Circuit 2026-01-22 Pending Response WaivedIFP appellate-review criminal-procedure district-court sentencing-factors statutory-interpretation supervised-release Did the district court err by considering retributive factors under 18 U.S.C. § 3553(a)(2)(A) when revoking supervised release?
25-6563 Gary Craig Stephens v. United States Ninth Circuit 2026-01-13 Pending Response RequestedResponse WaivedIFP court-of-appeals plain-error-review procedural-error sentencing-guidelines sentencing-range supervised-release Whether a court of appeals may affirm a sentence when the district court never calculated or identified the applicable Sentencing Guidelines range and…
25-818 Terrell Anthony Hargrove v. Ian Healy, Warden Sixth Circuit 2026-01-12 Pending Amici (1) circuit-split first-step-act incarceration-reduction statutory-interpretation supervised-release time-credits Whether 'time credits' under 18 U.S.C. § 3632(d)(4)(C) may be applied to reduce an individual's term of supervised release
25A731 Michael Thomas McCowan v. United States Fifth Circuit 2025-12-22 Application 922(g)(1) constitutional-challenge criminal-conviction firearm-possession second-amendment supervised-release Whether a conviction for a § 922(g)(1) offense that bars firearm possession for individuals with prior criminal records violates the Second Amendment …
25-6416 Omar Anthony Quintero-Arias v. United States Ninth Circuit 2025-12-22 Pending Response WaivedIFP appellate-review circuit-split harmless-error sentencing-factors statutory-interpretation supervised-release Whether a district court can impose a special condition of supervised release without explanation and when such failure to justify the condition is co…
25-6401 Frankie Centeno v. United States Second Circuit 2025-12-18 Pending Response WaivedIFP constitutional-challenge criminal-procedure felony-conviction gun-rights second-amendment supervised-release Whether 18 U.S.C. § 922(g)(1) is unconstitutional on its face or as applied to Petitioner because, consistent with the Second Amendment, the federal g…
25A707 Edward C. Brown v. United States Seventh Circuit 2025-12-17 Application child-pornography forensic-evidence knowingly-possessed metadata probation-violation supervised-release Whether the discovery of 75 thumbnail child pornography images in an inaccessible cache folder on an unreported cell phone constitutes knowing possess…
25-6354 Osric Tyrone Daise v. United States Fourth Circuit 2025-12-12 Denied Response WaivedIFP criminal-procedure plain-error punishment revocation sentencing supervised-release Whether the district court committed plain error in revoking Mr. Daise's supervised release when the court's expressed purpose was to punish Mr. Daise
25-6324 Craig Edward Hunnicutt, Jr. v. United States Sixth Circuit 2025-12-09 Denied Response WaivedIFP criminal-procedure factual-findings self-defense sentencing-discretion sixth-circuit supervised-release Whether the Sixth Circuit improperly affirmed a supervised release violation and new law convictions based on clearly erroneous factual findings relat…
25-6271 Eric Arthur Walton v. United States Fourth Circuit 2025-12-02 Denied Response WaivedIFP criminal-procedure discretionary-standard district-court pro-se-representation standard-of-review supervised-release Whether the standard of review of a district court's decision to allow a defendant to proceed pro se at a supervised release revocation hearing is de …
25-6250 Richard Ruston v. United States Tenth Circuit 2025-11-26 Pending Response RequestedResponse WaivedIFP circuit-split federal-criminal-law sentencing-conditions statutory-construction statutory-interpretation supervised-release Whether the 'and' in 18 U.S.C. § 3583(d)(1) means 'and' or 'or' as interpreted by the Tenth Circuit
25-6168 Carl Rose v. United States Third Circuit 2025-11-19 Denied Response WaivedIFP confrontation-clause criminal-procedure due-process hearsay-evidence revocation-hearing supervised-release Whether the Due Process Clause and Federal Rule of Criminal Procedure 32.1(b)(2)(C) require a district court to conduct an on-the-record balancing of …
25-6151 Christopher Lewis Tucker v. United States Fourth Circuit 2025-11-18 Denied Response WaivedIFP criminal-procedure medication-administration pretrial-custody sentencing-guidelines statutory-interpretation supervised-release Is a twenty-five year term of supervised release with stringent special conditions including forced medication 'greater than necessary' to satisfy sta…
25-6134 Rodrick Johnson v. United States Fifth Circuit 2025-11-17 Pending IFP 18-usc-3553 circuit-precedent fugitive-tolling sentencing-variance supervised-release supreme-court-rule-10 Should this Court summarily vacate Petitioner's judgment in light of Esteras v. United States because the district court based its upward variance sen…
25-6116 Frank Iglesias v. United States Ninth Circuit 2025-11-14 Denied Response WaivedIFP criminal-procedure discretion early-termination ninth-circuit sentencing supervised-release Did the Ninth Circuit abused it's discretion in finding that Petitioner is not entitled to shortening or terminating supervised release of his sentenc…
25A453 Eric Arthur Walton v. United States Fourth Circuit 2025-10-21 Application certiorari circuit-split federal-law pro-se standard-of-review supervised-release Whether the Supreme Court should establish a uniform standard of appellate review for district court decisions allowing defendants to proceed pro se a…
25-5896 Shawn Travis Paschal v. United States Fifth Circuit 2025-10-15 Denied Response WaivedIFP appellate-review criminal-procedure imprisonment reasonableness-standard sentencing-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
25-5811 Ricky Joe Bland v. United States Sixth Circuit 2025-10-07 Denied Response WaivedIFP criminal-sentencing drug-testing federal-circuit-split probation-officer sentencing-procedure supervised-release Whether a district court can delegate the frequency of drug testing during supervised release to a probation officer
25-5763 James Lee Winn v. United States Ninth Circuit 2025-09-30 Denied Response WaivedIFP alcohol-restriction conditions-of-release deprivation-of-liberty sentencing-conditions statutory-interpretation supervised-release Whether Special Condition #11 of the imposed conditions of supervised release, requiring Mr. Winn to abstain from alcohol and stay out of bars, violat…
25-5515 Jessie Smith, III v. United States Ninth Circuit 2025-09-02 Denied Response WaivedIFP brady-disclosure constitutional-safeguards criminal-procedure due-process revocation-hearing supervised-release Does the Due Process Clause require that district courts apply the constitutional safeguards of Brady v. Maryland when a defendant faces a revocation …
25-5504 Justin Everett Kessler v. United States Ninth Circuit 2025-08-29 Denied Response WaivedIFP constitutional-conditions district-court-discretion lifetime-supervision sentencing-review supervised-release vagueness-doctrine Whether the District Court abused its discretion by imposing an unconstitutionally vague and overbroad 'loitering' supervised release condition and pl…
25-5493 Joshua Devon Barrow v. United States Fifth Circuit 2025-08-28 Denied Response WaivedIFP criminal-law first-step-act revocation sentencing statutory-maximum supervised-release When determining the statutory maximum sentence on revocation, should courts consult current law or only the law at the time of the underlying offense…
25-5470 Hombra Lavail Williams v. United States Eighth Circuit 2025-08-26 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure district-court-discretion esteras-precedent sentencing-factors statutory-interpretation supervised-release Whether the Court should grant, vacate, and remand because the district court improperly considered retributive factors under 18 U.S.C. § 3553(a)(2)(A…
25-5442 Jaron Burnett v. United States Third Circuit 2025-08-22 Pending Response RequestedResponse WaivedRelisted (5)IFP fifth-amendment imprisonment jury-right revocation-proceeding sixth-amendment supervised-release Whether the Fifth and Sixth Amendment jury right applies to supervised release revocation proceedings that impose a term of imprisonment beyond the ma…
25-5376 Wesley Swick v. United States Fifth Circuit 2025-08-15 Pending IFP criminal-procedure federal-law fugitive-tolling habeas-corpus sentencing supervised-release Whether the fugitive-tolling doctrine applies in the context of supervised release
25-5348 Hector Cristobal Mejia-Estrada v. United States Fifth Circuit 2025-08-13 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-authority judicial-delegation probation-officer sentencing-commission standard-conditions supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
25-5282 Jackson Daniel Bowers v. United States Ninth Circuit 2025-08-05 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process jury-trial sixth-amendment supervised-release Whether the Sixth Amendment right to a jury trial applies to supervised release revocation proceedings
25-5283 Deandre Blackman v. United States Sixth Circuit 2025-08-05 Denied Response WaivedIFP criminal-procedure judicial-discretion revocation-hearing sentencing-factors statutory-interpretation supervised-release Whether courts may rely on the 18 U.S.C. § 3553(a)(2)(A) factors when determining the length and conditions of additional supervision following a supe…
25-5222 Dahryl Lamont Reynolds v. United States Ninth Circuit 2025-07-29 Denied Response WaivedIFP criminal-rehabilitation felony-association liberty-deprivation probation-restrictions sentencing-conditions supervised-release Whether the standard condition banning association with all past felons is 'reasonably related' to the goals of deterrence, incapacitation, and rehabi…
25-5225 Manuel Vega v. United States Ninth Circuit 2025-07-29 Denied Response WaivedIFP criminal-procedure multiple-violations prison-term sentencing statutory-interpretation supervised-release Whether a court can impose a cumulative prison sentence for multiple supervised release violations that exceeds the original term of supervised releas…
25-79 Ton Ton Aquino v. United States Eleventh Circuit 2025-07-22 Pending appellate-waiver circuit-split sentencing-conditions sex-offender-registration supervised-release unlawful-sentencing Whether it is unlawful for a court to impose sex offender registration as a condition of supervised release for a non-qualifying offense, and to enfor…
25-5149 Jerrell Sims v. United States Fifth Circuit 2025-07-18 Denied Response WaivedIFP appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
25-5112 Brian Lee Corbett v. United States Fourth Circuit 2025-07-15 Denied Response WaivedIFP criminal-procedure district-court judicial-discretion rule-35 sentencing supervised-release Whether Rule 35(a) of the Rules of Criminal Procedure allows a district court to reopen and modify a final, imposed sentence sua sponte
25-5115 Gregory Kurzajczyk v. United States Second Circuit 2025-07-15 Denied Response WaivedIFP constitutional-rights criminal-procedure fourth-amendment probation-search supervised-release suspicionless-search Whether a probation officer's suspicionless search of a defendant's residence on supervised release violates the Fourth Amendment
25A21 Deago Lee Eddings v. United States Third Circuit 2025-07-08 Presumed Complete disarmament firearm-possession historical-tradition predicate-crime second-amendment supervised-release Whether the Second Amendment precludes disarming individuals on supervised release or state parole under 18 U.S.C. § 922(g)(1) based on historical tra…
24-7527 Kh'Lajuwon Amari Murat v. United States Eleventh Circuit 2025-06-30 Denied Response WaivedIFP congressional-intent judicial-construction plain-meaning revocation statutory-interpretation supervised-release Whether, when a district court revokes a term of supervised release and imposes a period of imprisonment followed by a new term of supervised release,…
24-7521 Anthony D. Williams v. United States Fourth Circuit 2025-06-27 Denied Response WaivedIFP criminal-procedure due-process government-burden revocation-hearing supervised-release witness-absence Whether Mr. Williams' due process rights were satisfied when the government failed to show good cause for a witness's absence from a supervised releas…
24A1267 Deamonte Law v. United States Third Circuit 2025-06-23 Presumed Complete 922(g)(1) bruen-test firearm-possession historical-tradition second-amendment supervised-release Whether an individual on supervised release retains Second Amendment rights to possess a firearm under the historical tradition of firearm regulation …
24-7254 Legarius Deshawn Bonner v. United States Fourth Circuit 2025-05-20 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process PROTECT-Act revocation sentencing supervised-release Does the court violate a defendant's due process rights when imposing a sentence upon revocation of supervised release by using the PROTECT Act to sen…
24-6990 Abdul Kilgore v. United States Sixth Circuit 2025-04-15 Denied Response WaivedIFP confrontation-clause hearsay-evidence procedural-reasonableness sentencing sixth-amendment supervised-release Whether the district court's reliance on hearsay evidence in a supervised release revocation proceeding violated the petitioner's Confrontation Clause…
24-1056 Isabel Rico v. United States Ninth Circuit 2025-04-07 Granted Amici (4) criminal-procedure federal-law fugitive-tolling sentencing supervised-release tolling-doctrine Whether the fugitive-tolling doctrine applies in the context of supervised release
24-6924 John Gabriel Trevino v. United States Fifth Circuit 2025-04-03 Denied Response WaivedIFP constitutional-rights criminal-law firearm-possession second-amendment statutory-interpretation supervised-release Whether 18 U.S.C. §922(g)(1) and post-conviction supervised release restrictions prohibiting firearm possession comport with the Second Amendment
24-6836 Christian Genao v. United States Second Circuit 2025-03-24 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split criminal-procedure due-process fifth-amendment sentencing supervised-release Must sentencing courts orally pronounce nonmandatory conditions of supervised release to protect defendants' right to be present and to put them on no…
24-6761 Eric Vaughn v. United States Sixth Circuit 2025-03-13 Denied Response WaivedIFP circuit-split criminal-sentencing drug-testing probation-officer special-conditions supervised-release Whether a district court can delegate to a probation officer the determination of drug testing frequency during supervised release
24-968 Diontai Moore v. United States Third Circuit 2025-03-11 Denied as-applied-challenge felon-in-possession firearm-prohibition historical-tradition second-amendment supervised-release Whether courts should analyze as-applied Second Amendment challenges to 18 U.S.C. §922(g)(1) by examining whether historical tradition supports perman…
24-6652 David R. Kitchen v. United States Fourth Circuit 2025-02-26 Denied Response WaivedIFP criminal-procedure fourth-circuit home-detention judicial-review sentencing-discretion supervised-release Whether the Fourth Circuit erred by affirming the District Court's discretion in sentencing Mr. Kitchen to six (6) months of home detention for a supe…
24-6621 Curtis Brown v. United States Eleventh Circuit 2025-02-24 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-law criminal-procedure fifth-amendment judicial-discretion sentencing-conditions supervised-release Whether a district court must orally pronounce all discretionary standard conditions of supervised release and make an individualized assessment under…
24-6615 Gregory P. Damm v. United States Fifth Circuit 2025-02-21 Denied Response WaivedIFP criminal-procedure federal-sentencing hearsay plain-error revocation-proceeding supervised-release Can a federal supervised release defendant can ever obtain relief on plain error for the erroneous admission of hearsay in a revocation proceeding?
24-6431 Norman Seneka Bowers v. United States Fourth Circuit 2025-01-30 Denied Response WaivedIFP direct-appeal judicial-discretion jurisdictional-delay retroactive-application sentencing-guidelines supervised-release Whether Amendment 821 to the United States Sentencing Guidelines should be applied retroactively on direct appeal and whether a district court may rea…
24-6292 Shannon L. Cotton v. United States Seventh Circuit 2025-01-14 Denied Response WaivedIFP criminal-sentencing fair-sentencing-act felony-classification first-step-act statutory-interpretation supervised-release Whether the plain language of 18 U.S.C. § 3583(e)(3) requires a district court to determine the current classification of a defendant's felony by look…
24-6271 Javier Francisco Perez v. United States Fifth Circuit 2025-01-13 Denied Response WaivedIFP categorical-approach criminal-procedure felony-offense probation-revocation sentencing-guidelines supervised-release Does the policy statement's text require the categorical approach?
24-6284 Christopher Duncan v. United States Fifth Circuit 2025-01-13 Denied Response WaivedIFP appellate-review criminal-procedure imprisonment reasonableness sentencing-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
24A633 Diontai Moore v. United States Third Circuit 2024-12-27 Presumed Complete bruen firearm-possession gun-control historical-tradition second-amendment supervised-release Whether a federal law prohibiting firearm possession by individuals with prior nonviolent convictions is consistent with the Second Amendment's histor…
24-6104 Maurice Kerrick, Jr. v. United States District of Columbia 2024-12-10 Denied Response WaivedIFP criminal-sentencing double-jeopardy due-process maximum-term sixth-amendment supervised-release Whether a defendant's due process rights are violated when he is never informed that he may be sentenced to an additional term of imprisonment for vio…
24-6064 Johnny Nunez Garcia v. United States Second Circuit 2024-12-03 Denied Response WaivedIFP constitutional-rights criminal-procedure de-novo-review firearm-possession second-amendment supervised-release Whether a term of supervised release prohibiting possession of firearms violates the Second Amendment?
24A383 James Garrett and Levi Garrett v. United States Eighth Circuit 2024-10-22 Presumed Complete criminal-appeal eighth-circuit medical-hardship pro-se supervised-release writ-of-certiorari Whether pro se litigants who have completed their criminal sentences can seek an extension of time to file a writ of certiorari based on medical hards…
24-5739 Christopher Lee Parker v. United States Fifth Circuit 2024-10-10 Denied Response WaivedIFP due-process fifth-amendment first-amendment internet-restriction plea-agreement supervised-release Whether the Fifth Circuit erred by dismissing Mr. Parker's appeal based on the waiver of appeal provisions in his Plea Agreement
24-5650 Roberto Yepez v. United States Ninth Circuit 2024-09-27 Denied Response WaivedIFP circuit-split compassionate-release federal-criminal-procedure sentencing-modification statutory-interpretation supervised-release Whether the compassionate-release statute in 18 U.S.C. § 3582(c)(1) permits reducing supervised release across different circuit court interpretations
24-5608 Jason Smith v. United States Seventh Circuit 2024-09-23 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation-clause constitutional-rights criminal-procedure recognizance-forfeiture sixth-amendment supervised-release Whether the Sixth Amendment right to confront accusers applies to revocations of federal supervised release based on historical understanding of jury …
24-5594 Seldrick Carpenter v. United States Seventh Circuit 2024-09-20 Denied Amici (1)Response RequestedResponse WaivedRelisted (2)IFP article-iii constitutional-rights criminal-procedure jury-trial sixth-amendment supervised-release Whether the Sixth Amendment and Article III create a jury right for federal supervised release revocation proceedings when new crimes are alleged
24-5492 Jalen Rashad Pasley v. United States Sixth Circuit 2024-09-09 Denied Response WaivedIFP criminal-procedure deprivation-of-liberty fifth-amendment individualized-assessment sentencing-conditions supervised-release Whether a district court must orally pronounce standard conditions of supervised release and assess their reasonableness under the Fifth Amendment
24-5456 Robert Paul Durrell v. United States Sixth Circuit 2024-09-04 GVR Relisted (2)IFP circuit-split criminal-procedure sentencing-discretion sentencing-factors statutory-interpretation supervised-release Whether a district court may rely on 18 U.S.C. § 3553(a)(2)(A) factors when revoking supervised release despite their omission from 18 U.S.C. § 3583(e…
24-5327 Daniel Lopez, III v. United States Ninth Circuit 2024-08-15 Denied Response WaivedIFP circuit-split criminal-procedure federal-rules revocation-hearing sentencing-procedure supervised-release Whether Rule 32.1 or Rule 32 governs the procedural timing of sentencing following supervised release revocation
24-5333 Jamal Mohammad Eleidy v. United States Fourth Circuit 2024-08-15 Denied Response WaivedIFP appeal-waiver deportation illegal-sentence sentencing-condition statutory-interpretation supervised-release Whether an appeal waiver precludes appellate review of an illegal sentence imposing deportation as a supervised release condition for a U.S. citizen w…
24-5237 Warren Alexander v. United States Second Circuit 2024-08-06 Denied Response WaivedIFP appellate-review circuit-split criminal-procedure due-process presentence-report sentencing supervised-release criminal-sentencing
24-5021 Joyce Isagba v. United States Eleventh Circuit 2024-07-09 Denied Response WaivedIFP admissibility criminal-procedure due-process evidence-admissibility federal-rules-of-evidence-404b fifth-amendment prior-bad-acts relevance rule-404b sentencing-conditions supervised-release Is a single uncharged act 5-7 years prior admissible under Rule 404(b)?
23-7817 Fernando Angel Puga v. United States Fifth Circuit 2024-06-28 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process judicial-authority judicial-delegation probation-officer sentencing-guidelines standard-conditions supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
23-7821 Noe Rodriguez-Adorno v. United States First Circuit 2024-06-27 Denied Response WaivedIFP communications constitutional-rights criminal-procedure defense-counsel district-court impasse right-to-counsel sixth-amendment supervised-release Should certiorari be granted where defense counsel informed the District Court he and Petitioner were at an impasse, and all communications between th…
23-7775 Edward Treisback v. United States Eleventh Circuit 2024-06-21 Denied Response WaivedIFP 5th-amendment burden-of-proof criminal-procedure due-process fifth-amendment morrissey-v-brewer revocation-hearing supervised-release Did the District Court shift the burden of proof from the United States to the defendant in violation of 18 U.S.C. 3583(e)(3) and was defendant's righ…
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 Was petitioner improperly denied credit for acceptance of responsibility?
23-7508 Matias Zarate v. United States Seventh Circuit 2024-05-17 Denied Response WaivedIFP appellate-review criminal-procedure due-process guidelines reasonableness reasonableness-standard sentencing sentencing-guidelines seventh-circuit supervised-release Whether a sentence within the guidelines range is unreasonable when the defendant has already served more time on supervised release than originally s…
23-7483 Edgardo Esteras v. United States Sixth Circuit 2024-05-15 Judgment Issued Amici (1)Response RequestedResponse WaivedRelisted (4)IFP 18-usc-3553 18-usc-3583 circuit-split criminal-procedure judicial-discretion sentencing sentencing-factors statutory-interpretation supervised-release Whether district courts may rely on the section 3553(a)(2)(A) factors when revoking supervised release
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…
23-7161 James E. Homan v. United States Fifth Circuit 2024-04-08 Denied Response WaivedIFP district-court due-process facts judicial-discretion record revocation revocation-proceeding sentencing supervised-release Whether the district court violated Mr. Homan's right to due process during the sentencing phase of this supervised release revocation proceeding when…
23-7145 Richard Dewayne Lewis v. United States Fourth Circuit 2024-04-04 Denied Response WaivedIFP 18-usc-3583 appellate-review circuit-split extra-statutory-factors revocation-sentences sentencing sentencing-review standard-of-review statutory-interpretation supervised-release Proper-standard-of-review-for-supervised-release-revocation-sentences
23-6909 Arnold D. Holland v. United States Eleventh Circuit 2024-03-06 Denied Response WaivedIFP criminal-procedure fourth-amendment probable-cause reasonable-suspicion search search-and-seizure supervised-release totality-of-circumstances Whether the Fourth Amendment applies to the act of searching or the initial decision to search, based on an objective standard considering the totalit…
23-966 Oscar Amos Stilley v. United States Tenth Circuit 2024-03-06 Denied Response Waived criminal-procedure due-process federal-jurisdiction federal-procedure judicial-appointments judicial-assignment judicial-cross-designation judicial-ethics statutory-interpretation supervised-release Whether 13 consecutive cross-designations of Oklahoma district judges are 'temporary' under 28 U.S.C. 292(b)
23-6834 Jeremy Lee Sestak v. United States Tenth Circuit 2024-02-27 Denied Response WaivedIFP as-applied-petition constitutional-protections criminal-procedure double-jeopardy sentencing sentencing-guidelines supervised-release u.s.s.g.-§4b1.5 u.s.s.g.-§5d1.2 Can a defendant bring an as-applied petition for modification of the supervised conditions?
23-6824 Jeremiah James Lynch v. United States Eighth Circuit 2024-02-26 Denied Response WaivedRelisted (2)IFP civil-rights constitutional-rights criminal-law criminal-procedure cruel-and-unusual-punishment due-process eighth-amendment parole proportionality sentencing sentencing-guidelines supervised-release Whether the petitioner's constitutional rights were violated by the application of a 'grade A' violation for a local crime, which resulted in the peti…
23A776 Cynthia L. Montoya v. United States Ninth Circuit 2024-02-26 Presumed Complete constitutional-right due-process oral-pronouncement remedial-approach sentencing-conditions supervised-release Whether a district court's failure to orally pronounce standard conditions of supervised release during sentencing requires a full resentencing or onl…
23-6759 Hia-Keem Don'ae Rice v. United States Fourth Circuit 2024-02-15 Denied Response WaivedIFP criminal-procedure due-process federal-rules-criminal-procedure federal-rules-of-criminal-procedure judicial-discretion sentencing supervised-release written-judgment Whether Rule 43(a)(3) of the Federal Rules of Criminal Procedure permits the sentencing judge to impose in the written judgment conditions of supervis…
23A720 Jeremy Lee Sestak v. United States Tenth Circuit 2024-02-05 Presumed Complete constitutional-challenge double-jeopardy fifth-amendment modification-of-conditions sentencing supervised-release Whether supervised release conditions that a defendant claims violate double jeopardy protections can be challenged under 18 U.S.C. § 3583(e)(2) witho…
23-6645 Arthur Johnson v. United States Fifth Circuit 2024-02-01 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-6580 Charles Ramon, III, aka Charles Roger Ramon v. United States Tenth Circuit 2024-01-25 Denied Response WaivedIFP evidence fourth-amendment privacy-expectation probation probation-conditions reasonable-suspicion search-and-seizure supervised-release warrantless-search Whether the Fourth Amendment required U.S. Probation to conform its conduct to the text of the release condition imposed on Petitioner
23-6453 James David Welton v. United States Eighth Circuit 2024-01-10 Denied Response WaivedIFP circuit-court civil-rights criminal-procedure due-process habeas-corpus maximum-sentence petition-review procedural-challenge sentencing state-court-conviction supervised-release supreme-court-review Whether the sentence of supervised release must be counted within the maximum sentence of imprisonment under 18 U.S.C. 3583(a) and 3583(e)(3)
23-6359 Davin Chaz Nevins v. United States Fifth Circuit 2023-12-27 Denied Response WaivedIFP constitutional-law criminal-procedure due-process sentencing sixth-amendment supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-6164 Albert Carrasco, v. United States Ninth Circuit 2023-12-05 Denied Response WaivedIFP criminal-history criminal-procedure due-process liberty-interest liberty-restriction rehabilitation sentencing sex-offender supervised-release Whether a supervised-release condition prohibiting a low-level sex offender from living in most urban and suburban areas is substantively unreasonable…
23-6161 Norman Javier Herrera Pastran v. United States Eleventh Circuit 2023-12-04 Denied Response RequestedResponse WaivedRelisted (2)IFP commerce-clause criminal-law criminal-statute due-process first-amendment free-speech internet-access sex-offender supervised-release Whether the constitutional holding of Packingham v. North Carolina applies to individuals on supervised release
23A499 Stephen Aguiar v. United States Second Circuit 2023-12-01 Presumed Complete appeal-dismissal certificate-of-appealability federal-prisoner mootness section-2255 supervised-release Whether a federal prisoner can obtain a certificate of appealability and hold an appeal in abeyance after fully serving his sentence for a supervised …
23-6051 Stephen Aguiar v. United States Second Circuit 2023-11-17 Denied Response WaivedIFP article-iii cares-act case-or-controversy drug-conspiracy home-confinement prison-term supervised-release Does a prisoner serving a 36-month prison term for revocation of supervised release concurrent with his 360-month prison term for a drug conspiracy me…
23-5977 Sean Overstreet v. United States Second Circuit 2023-11-09 Denied Response WaivedIFP constitutional-rights counsel-waiver criminal-defendant-rights criminal-procedure due-process right-to-be-present sentencing supervised-release waiver May counsel waive a criminal defendant's right to be present during the portion of his sentence in which special conditions of supervised release are …
23-5940 John Paul Lopez v. United States Fifth Circuit 2023-11-02 Denied Response WaivedRelisted (2)IFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
23-5941 Gregory L. Randle v. United States Fifth Circuit 2023-11-02 Denied Response WaivedRelisted (2)IFP consecutive-sentence consecutive-sentences criminal-procedure due-process federal-jurisdiction sentencing sentencing-guidelines sentencing-reasonableness supervised-release Whether the district court erred by ordering Mr. Randle to serve 12 months in prison for nonviolent supervised release violations, and by ordering the…
23-5921 Vahe Sarkiss v. United States Ninth Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP 4th-amendment child-pornography civil-rights due-process fourth-amendment interstate-commerce reasonable-suspicion search-and-seizure supervised-release Whether Petitioner's Fourth Amendment rights were violated due to lack of reasonable suspicion for search
23-5835 Sean Christopher Finnell v. United States Eleventh Circuit 2023-10-18 Denied Response RequestedResponse WaivedRelisted (2)IFP constitutional-rights criminal-defendants first-amendment internet-access packingham-v-north-carolina sex-offenders sixth-amendment supervised-release Whether the First Amendment right to access the internet recognized in Packingham applies to criminal defendants who are on supervised release
23-5773 Adrian De La Torre v. United States Fifth Circuit 2023-10-12 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
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?
23-5631 Jason M. Moriarty v. United States Eleventh Circuit 2023-09-21 Denied Response WaivedIFP consecutive-sentences criminal-law criminal-procedure imprisonment maximum-sentence revocation-of-release sentencing sentencing-guidelines statutory-interpretation supervised-release When revoking multiple terms of supervised release, may the court run the service in prison on each term consecutively to exceed the maximum authorize…
23-5627 Ronald Rene Deleon, Jr. v. United States Fifth Circuit 2023-09-20 Denied Response WaivedIFP appellate-review criminal-procedure mandatory-minimum plain-error revocation sentencing sentencing-procedure supervised-release Whether application of a mandatory minimum term of supervised release following a revocation amounts to plain error?
23-5499 Manuel De Jesus Del Cid Bran v. United States Fourth Circuit 2023-08-31 Denied Response WaivedIFP 18-usc-3583 abuse-of-discretion criminal-procedure criminal-sentencing deportation discretionary-sentencing sentencing-commission supervised-release Does a district court abuse its discretion under 18 U.S.C. § 3583 by imposing a term of supervised release on a deportable noncitizen purely in order …
23-5503 Roman Alvarado, Jr. v. United States Fifth Circuit 2023-08-31 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
23-5484 Dion Ray Wheeler v. United States Fifth Circuit 2023-08-30 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-5449 Antonio Rojas v. United States Fifth Circuit 2023-08-25 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
23-5177 Kenneth Ragan-Armstrong v. United States Fourth Circuit 2023-07-24 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion plain-error procedural-reasonableness sentencing sentencing-conditions supervised-release Whether the district court plainly erred in imposing special conditions of supervision without explaining why such conditions were necessary or approp…
23-5045 Evans Samuel Santos Diaz v. United States Third Circuit 2023-07-05 Denied Response WaivedIFP associational-rights conditions-of-release constitutional-scrutiny criminal-procedure due-process first-amendment freedom-of-association individual-liberty supervised-release Does a condition of supervised release that prevents association between an individual and their fiancée for two years pass First Amendment scrutiny?
22-7839 Christian Ruben Tirado v. United States Ninth Circuit 2023-06-21 Denied Response WaivedIFP circuit-split constitutional-rights criminal-procedure due-process federal-question gang-paraphernalia supervised-release vagueness-doctrine Is a special condition of supervised release that prohibits a supervisee from possessing any of a laundry list of items 'known to represent associatio…
22-7802 James B. Norris, Jr. v. United States Eighth Circuit 2023-06-16 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-review circuit-split criminal-procedure due-process internet-access judicial-explanation pro-se-motion revocation-hearing sentencing sentencing-discretion supervised-release Whether the district court erred in revoking Petitioner's supervised release based solely on his admission to accessing the internet without permissio…
22-7723 Wesley Jorome Harris v. United States Fifth Circuit 2023-06-06 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-7585 Enrique Roberto Villarreal v. United States Fifth Circuit 2023-05-17 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-7526 Charles Edward Krupalla v. United States Fifth Circuit 2023-05-11 Denied Response WaivedIFP constitutional-authority delegation-of-authority due-process federal-sentencing-guidelines judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
22-7485 Daniel Isaiah Thody v. United States Sixth Circuit 2023-05-08 Denied Response WaivedIFP civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release united-states-v-haymond Whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a 'separate sentence' in addition to the 'sentence of imprisonment', i…
22-7471 Renzo Alegre v. United States Eleventh Circuit 2023-05-05 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split constitutional-law first-amendment internet-access sex-offenders supervised-release Does the constitutional holding of Packingham v. North Carolina apply to offenders on supervised release?
22-7396 Richard Anthony Wilford v. United States Fourth Circuit 2023-04-28 Denied Response WaivedIFP cocaine-quantity criminal-procedure district-court due-process equal-protection false-declaration pro-se pro-se-petition sentencing sentencing-memorandum supervised-release supremacy-clause Whether to grant the petition for a writ of certiorari, vacate the judgment, and remand for reconsideration in light of Concepcion V. United States, 1…
22-985 Ferrell Walker v. United States Eleventh Circuit 2023-04-11 Denied Response Waived child-pornography double-jeopardy fifth-amendment revocation sentencing supervised-release Whether the subsequent imposition of a sentence to a term of imprisonment of 168 months on a charge of possession of child pornography, to run consecu…
22-7035 Brian Keith Person, Jr. v. United States Fourth Circuit 2023-03-17 Denied Response WaivedIFP fourth-circuit harmless-error mitigating-arguments procedural-error sentencing standard-of-review supervised-release whether-the-fourth-circuit-erred-by-applying-a-plainly-unreasonable-standard-of-review
22-6973 Joseph Woloszyn v. United States Ninth Circuit 2023-03-08 Denied Response WaivedIFP burden-of-proof criminal-threat drug-addiction due-process preponderance-of-evidence probation-violation revocation-hearing sentencing-guidelines supervised-release uncorroborated-statements Did Woloszyn's Uncorroborated Statements to the Probation Officer Prove Woloszyn Violated the Terms of His Supervised Release?
22-6816 Montray Lorenzo Cato v. United States Fifth Circuit 2023-02-21 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-6824 Daniel Dietz v. United States Ninth Circuit 2023-02-21 Denied Response WaivedIFP constitutional-review criminal-procedure due-process gall-v-united-states johnson-v-united-states ninth-circuit revocation sentencing supervised-release Whether imposition of a lifetime term of supervised release upon revocation of supervised release when the previously imposed term was 10 years is con…
22-6731 Lamon Demetrus Wright v. United States Fifth Circuit 2023-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP confrontation confrontation-rights due-process evidence-admissibility federal-courts good-cause good-cause-standard hearsay hearsay-reliability reliability supervised-release What manner of hearsay should be considered 'reliable' when federal courts decide whether the government has established 'good cause' to deny confront…
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 Whether the 120-month sentence is substantively unreasonable
22-6626 Jonathan Jefferson Ferris v. United States Fifth Circuit 2023-01-26 Denied Response WaivedIFP constitutional-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-guidelines separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
22-6616 Brian Cota v. United States Ninth Circuit 2023-01-24 Denied Response WaivedIFP appellate-review criminal-law criminal-sentencing due-process notice plea-bargaining plea-negotiation sentencing sentencing-guidelines supervised-release Whether the court of appeals erred by concluding that Mr. Cota can be subject to a life time of supervised release, and thereby a lifetime of revocati…
22-6510 Daniel Marmolejo v. United States Fifth Circuit 2023-01-10 Denied Response WaivedIFP constitutional-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
22-6487 Chasity Reanee Orellana v. United States Fifth Circuit 2023-01-09 Denied Response WaivedIFP criminal-procedure district-court due-process jurisdiction post-release-conduct revocation sentencing supervised-release Whether the district court erred by revoking Ms. Orellana's supervised release because its revocation decision relied on conduct that occurred after h…
22-6493 Robert Keith Kinsey v. United States Fifth Circuit 2023-01-09 Denied Response WaivedIFP 5th-amendment 6th-amendment constitutional-rights controlled-substance criminal-procedure due-process fifth-circuit preponderance-of-evidence sentencing supervised-release trial-by-jury Does 18 U.S.C. § 3583(g) unconstitutionally deprive federal supervised releasees of the right to trial by jury?
22-6323 Luis R. Figueroa-Gonzalez v. United States First Circuit 2022-12-16 Denied Response WaivedIFP circumstantial-evidence criminal-law evidence firearm-alteration firearms knowledge-inference machine-gun mens-rea statutory-definition statutory-interpretation supervised-release Whether the presence of a visible alteration in a seized firearm is sufficient to satisfy the government's burden to prove that the defendant knew of …
22-6246 Antonio Osorio-Mendez v. United States Fifth Circuit 2022-12-07 Denied Response WaivedIFP constitutional-authority due-process federal-sentencing judicial-authority judicial-delegation probation-officer sentencing-commission separation-of-powers supervised-release Does Standard Condition 12 unconstitutionally delegate judicial authority to the probation officer?
22-6214 Timothy Robert Gallion v. United States Fourth Circuit 2022-12-02 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing district-court due-process fourth-circuit sentence-credit sentencing-credit sentencing-discretion sentencing-guidelines supervised-release Whether the Fourth Circuit Court of Appeals erred by dismissing Mr. Gallion's meritorious argument that the district court committed reversible error …
22-6038 Gabriel Mangum v. United States Eighth Circuit 2022-11-10 Denied Response WaivedIFP 18-usc-751 5th-amendment criminal-procedure double-jeopardy escape-from-custody fifth-amendment residential-reentry-center statutory-interpretation supervised-release Whether Petitioner's 5th Amendment Double Jeopardy rights were violated
22-5927 Jonathan Lee Oliver v. United States Ninth Circuit 2022-10-27 Denied Response WaivedIFP due-process fifth-amendment judicial-procedure jury-trial non-jury-proceeding preponderance-of-evidence sixth-amendment supervised-release Did the district court's unindicted, non-jury, preponderance of the evidence fact-finding that Mr. Oliver committed a new federal offense to conclude …
22-5811 Matthew Poulin v. United States Seventh Circuit 2022-10-12 Denied Response WaivedIFP alcohol-consumption alcohol-prohibition appeal criminal-procedure district-court due-process reasonableness sentencing supervised-release unreasonable-sentence Whether the district court erred in sentencing Mr. Poulin to twelve months considering the circumstances of the case
22-5769 Donovan Lemont Bookman v. United States Fifth Circuit 2022-10-05 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
22-5340 Jonathan Wells v. United States Ninth Circuit 2022-08-11 Denied Response WaivedIFP constitutional-rights due-process first-amendment free-speech internet-access packingham-v-north-carolina sex-offenders supervised-release Whether the same First Amendment principles in Packingham apply to sex offenders on supervised release and prohibit untailored bans on internet use du…
22-5298 Seth Anthony Johnson v. United States Ninth Circuit 2022-08-05 Denied Response WaivedIFP cell-phone-privacy fourth-amendment homeland-security homeland-security-search privacy-interest probation-condition probation-officer search-condition supervised-release warrantless-search Whether the Ninth Circuit improperly ruled that Mr. Johnson's supervised release search condition substantially diminished his weighty privacy interes…
22-5212 Jonita Desirrae Brown v. United States Fifth Circuit 2022-07-28 Denied Response WaivedIFP appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonableness reasonableness sentencing supervised-release Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness or merely to see if…
22-5185 Thomas Creighton Shrader v. United States Fourth Circuit 2022-07-26 Denied Response WaivedIFP 18-usc-3583 18-usc-3742 double-jeopardy federal-bureau-of-prisons fifth-amendment sentencing-guidelines statutory-interpretation supervised-release When the Federal Bureau of Prisons is misapplying 18 U.S.C. 3583(a) [Supervised Release] not only to Petitioner, but to thousands (1000's) of Federal …
22-5132 Joe Octavio Granado v. United States Fifth Circuit 2022-07-19 Denied Response WaivedIFP 18-usc-3583 concurrent-sentences consecutive-sentences district-court incarceration liberty-deprivation liberty-interest revocation sentencing statutory-interpretation supervised-release Whether the District Court, in revoking supervised release, excessively sentenced Petitioner with consecutive incarceration from an original concurren…
22-5094 Garfield D. Campbell v. United States Fourth Circuit 2022-07-13 Denied Response WaivedIFP 4th-amendment criminal-procedure district-court due-process evidence fourth-circuit marijuana-use reversible-error sentencing supervised-release Whether the Fourth Circuit Court of Appeals erred by denying Mr. Campbell's meritorious argument that the district court committed reversible error by…
21-8224 Arthur L. Gurbey v. United States Second Circuit 2022-06-23 Denied Response WaivedIFP circuit-split compelled-self-incrimination criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph polygraph-testing self-incrimination supervised-release Whether a condition of supervised release impermissibly compels a defendant to answer any questions posed during any examination during the period of …
21-8196 Cody Andrew Anderson v. United States Fifth Circuit 2022-06-22 Denied Response WaivedIFP appellate-review booker-standard criminal-procedure fifth-circuit plain-error plain-unreasonable reasonableness sentencing supervised-release Whether appellate review of a sentence imposed after the revocation of a defendant's supervised-release term is for reasonableness or merely to see if…
21-8181 Joshua Hayes v. United States Eleventh Circuit 2022-06-17 Denied Response WaivedIFP constitutional-vagueness delegation-of-authority due-process judicial-delegation probation-conditions probation-officer sentencing-guidelines supervised-release vagueness Whether the imposition of Standard Condition (12), U.S.S.G. § 5D1.3(c)(12), violates a defendant's right to Due Process because the condition unconsti…
21-8159 Danny Leon Lynch, Jr. v. United States Fifth Circuit 2022-06-16 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-8128 Duane Williams v. United States Fifth Circuit 2022-06-14 Denied Response WaivedIFP confrontation-clause confrontation-right criminal-procedure due-process evidentiary-standard mandatory-conditions revocation-hearing standard-conditions supervised-release witness-testimony Whether the district court erred by revoking Mr. Williams' supervised-release-status-and-returning-him-to-prison
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
21-8074 Juan Jesus Barrieta-Barrera v. United States Fifth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment parole sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-8076 Siva K. Durbesula v. United States Fourth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release Whether the Sixth Amendment requires a jury rather than a judge to determine facts which are used to apply enhanced punishments including the period o…
21-7975 Amir Karim Beigali v. United States Sixth Circuit 2022-05-26 Denied Response WaivedIFP 924-c consecutive-sentences constitutional-interpretation criminal-sentencing double-jeopardy due-process fifth-amendment mandatory-minimum section-924c sixth-amendment supervised-release Whether the Fifth and Sixth Amendment prohibit a consecutive mandatory penalty under 18 U.S.C. § 924(c)(1)(C)(i) when the second § 924(c) offense was …
21-7959 Salito Marques Good v. United States Fourth Circuit 2022-05-24 Denied Response WaivedIFP appeal criminal-procedure criminal-sentencing double-jeopardy due-process fourth-circuit johnson-precedent sentencing-maximum statutory-interpretation statutory-maximum supervised-release Whether a defendant can be required to serve more than the statutory maximum sentence for his offense of conviction
21-7942 P'erre Jones v. United States Fifth Circuit 2022-05-23 Denied Response WaivedIFP 5th-amendment circuit-split criminal-procedure fifth-amendment polygraph polygraph-testing self-incrimination supervised-release Whether a circuit split should be resolved regarding whether a condition of supervised release requiring submission to polygraph testing violates a De…
21-7910 Kendrick Dwight Marshall v. United States Fifth Circuit 2022-05-18 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-7804 Charles Austin Alger, Jr. v. United States Fourth Circuit 2022-05-09 Denied Response WaivedIFP deprivation deprivation-of-liberty financial-conditions liberty policy-statements sentencing sentencing-commission sentencing-factors statutory-interpretation supervised-release Whether the district court violated 18 U.S.C. § 3583(d) when it imposed special financial conditions of supervised release
21-7686 Robert Maillet v. United States Fourth Circuit 2022-04-22 Denied Response WaivedIFP 5th-amendment 6th-amendment 8th-amendment civil-rights constitutional-rights cruel-and-unusual-punishment double-jeopardy due-process sex-offender-registry supervised-release Question not identified
21-7619 Jarbarri Randale Wall v. United States Fourth Circuit 2022-04-14 Denied Response WaivedIFP appeal-waiver criminal-procedure federal-law plea-agreement sentencing sentencing-condition statutory-authority statutory-maximum supervised-release Whether a special condition of supervised release that is not authorized by statute constitutes a sentence beyond the statutory maximum, and is theref…
21-7594 Orin Kristich v. United States Tenth Circuit 2022-04-12 Denied Response WaivedIFP appeal-counsel attorney-misconduct court-discretion de-novo-review due-process judicial-misconduct judicial-procedure plea-bargaining plea-waiver sentencing-guidelines supervised-release Whether appeal counsel can dismiss appeal without client consent
21-7600 Christopher Hibshman v. United States Seventh Circuit 2022-04-12 Denied Response WaivedIFP 18-USC-3583 18-USC-3583(e) criminal-conduct criminal-sentencing reasonableness-review sentencing sentencing-guidelines statutory-interpretation statutory-standards supervised-release Whether the imposition of a 24-month sentence consecutive to a 2-year Indiana prison term for violation of supervised release is unreasonable and at o…
21-7576 Edward Wright v. United States Ninth Circuit 2022-04-08 Denied Response WaivedIFP child-pornography constitutional-scrutiny liberty-interests non-delegation-doctrine overbreadth plea-agreement supervised-release third-party-notification vagueness Whether the standard federal supervision condition requiring third-party risk notification is unconstitutional for its vagueness, overbreadth, and vio…
21-1317 Rafi Wali McCall v. United States Fifth Circuit 2022-04-04 Denied Response WaivedRelisted (2) acquittal constitutional-prohibition criminal-procedure double-jeopardy due-process judicial-finding jury-trial supervised-release Does the United States Constitution prohibit a judge from revoking supervised release pursuant to 18 U.S.C. § 3583 based on a judicial finding that th…
21-7382 Adolfo Huerta v. United States Fifth Circuit 2022-03-16 Denied Response WaivedIFP article-ii constitutional-law due-process inpatient-treatment judicial-authority non-delegation probation-officer supervised-release treatment-program Does a supervised release condition imposing 'inpatient or outpatient' participation in a treatment program constitute an impermissible delegation of …
21-7360 Marc N. Greenberg v. United States Sixth Circuit 2022-03-14 Denied Response WaivedIFP appellate-procedure constitutional-rights criminal-procedure criminal-proceeding due-process federal-rules-of-appellate-procedure fundamental-fairness notice-of-appeal supervised-release Whether the technical requirements of Federal Rule of Appellate Procedure 3(c)(1)(B) trump an individual's due process rights
21-7345 David Wayne Aring v. United States Eleventh Circuit 2022-03-11 Denied Response WaivedIFP child-pornography circuit-split due-process eighth-amendment first-time-offender judicial-discretion sentencing sentencing-guidelines supervised-release Whether lifetime supervised release is appropriate for a first-time, non-violent offender convicted of receiving and watching child pornography
21-7346 Avian Brule v. United States Fifth Circuit 2022-03-11 Denied Response WaivedIFP appellate-review criminal-procedure due-process harmless-error judicial-discretion revocation-standard sentencing supervised-release What is the appellate standard of review applicable to sentences imposed following revocation of supervised release?
21-7230 Gemar Morgan v. United States Sixth Circuit 2022-03-02 Denied Response WaivedIFP 4th-amendment civil-rights court-of-appeals criminal-procedure due-process judicial-review legal-standard probation sentencing sentencing-guidelines statutory-interpretation supervised-release Whether the words 'a house' in the Fourth Amendment apply both to the defendant's conduct as a renter of a house and to the defendant's period of 2 to…
21-7227 Daniel Isaiah Thody v. United States Sixth Circuit 2022-02-28 Denied Response WaivedIFP civil-rights constitutional-challenge due-process jury-trial sentencing sentencing-procedure sixth-amendment statutory-interpretation supervised-release Whether the current implementation of Supervised Release, (18 U.S.C. §3583), as a 'separate sentence' in addition to the 'sentence of imprisonment', i…
21-7169 Latwon James v. United States Fourth Circuit 2022-02-22 Denied Response WaivedRelisted (2)IFP appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a plea-agreement-waiver
21-7143 Johnny Brett Gregory v. United States Eleventh Circuit 2022-02-17 Dismissed Response WaivedRelisted (2)IFP 28-usc-1651 constitutional-rights coram-nobis criminal-procedure judicial-review legal-challenge petition-rights post-conviction-relief supervised-release writ-of-certiorari Does a person serving a term of supervised release have a constitutional right to avail themselves of a writ of coram nobis under 28 U.S.C. § 1651(a) …
21-7116 Victor Armando Acevedo v. United States Ninth Circuit 2022-02-15 Denied IFP criminal-law criminal-procedure defendant-rights due-process federal-rule-of-criminal-procedure federal-rules-of-criminal-procedure judicial-procedure notice sentencing supervised-release Whether, under Federal Rule of Criminal Procedure 43(a)(3), a district court can lawfully impose the thirteen 'standard' supervised-release conditions…
21-7103 Roger D. Ream v. Florida Florida 2022-02-11 Rehearing Response WaivedRelisted (2)IFP civil-rights due-process first-amendment internet-access liberty-interest liberty-rights packingham-v-north-carolina probation-conditions property-rights supervised-release Does a person on probation have a constitutional right to access the Internet?
21-7041 Anthony Andrews v. Bryan K. Dobbs, Warden Fourth Circuit 2022-02-02 Denied Response WaivedIFP criminal-procedure due-process parole revocation sentencing supervised-release Whether the district court erred in revoking the petitioner's supervised release under 18 U.S.C. 3583(e)(3)
21-6884 Hermin Rodriguez-Monserrate, aka Cano, aka Canito v. United States First Circuit 2022-01-18 Denied Response WaivedIFP coronavirus-act coronavirus-aid-relief-and-economic-security-act criminal-procedure defendant-absence due-process educational-condition learning-disability sentencing sentencing-procedure supervised-release Should the district court have conducted the petitioner's sentence and revocation hearing in his physical absence?
21-6745 Anthony Tyrone Garrett v. United States Fifth Circuit 2021-12-29 Denied Response WaivedIFP 18-usc-3583g 5th-amendment 6th-amendment jurisdiction supervised-release transfer-order Whether the district court lacked jurisdiction to revoke supervised release
21-6573 Michael Roy Sharpe v. United States Eleventh Circuit 2021-12-13 Denied Response WaivedIFP constitutional-guarantees criminal-law due-process judicial-factfinding jury-trial maximum-sentence sentencing sentencing-procedure supervised-release trial-by-jury Does § 3583(e)(8) as applied here violate the Fifth and Sixth Amendments by authorizing punishment beyond the maximum for a conviction, based solely o…
21-6569 Jonathan Hilliam McDougal v. United States Fifth Circuit 2021-12-09 Denied Response WaivedIFP alcohol-treatment criminal-sentencing delegation-of-authority drug-treatment due-process judicial-discretion probation-terms sentencing sentencing-conditions supervised-release Whether the district court erred by ordering Mr. McDougal to undergo alcohol and drug treatment as a special condition of supervised release
21-6525 George Patrick v. United States Sixth Circuit 2021-12-06 Denied Response WaivedIFP class-of-felony criminal-procedure error-correction felony-classification judicial-authority revocation-hearing sentencing sentencing-correction statutory-interpretation supervised-release Whether a district court has the authority to correct an error in its original determination of the class of felony at a revocation hearing
21-6465 Andrew John Gibson v. United States Ninth Circuit 2021-12-01 Denied Response WaivedIFP appellate-review constitutional-challenge criminal-procedure due-process non-delegation-doctrine overbreadth sentencing-conditions supervised-release third-party-notification vagueness Must federal appellate courts adjudicate direct appeal challenges to the illegality or unconstitutionality of supervised release conditions imposed at…
21-6456 Terry Ray Carter v. United States Fifth Circuit 2021-11-30 Denied Response RequestedResponse WaivedRelisted (2)IFP civil-rights constitutional-vagueness due-process first-amendment overbreadth-doctrine pornographic-matter pornography supervised-release vagueness Does a special condition of supervised release that prohibits possession or control of 'any pornographic matter' violate due process as unconstitution…
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 Whether the district court exceeded the statutory maximum sentence
21-6119 Roger Edward Picard v. United States First Circuit 2021-10-28 Denied Response WaivedIFP criminal-law due-process mens-rea rehaif-v-united-states scienter sorna SORNA-registration supervised-release Whether the First Circuit erred in finding a violation of supervised release when the defendant reported to register per SORNA requirements within 24 …
21-5956 Nolan Nathaniel Edwards v. United States Eleventh Circuit 2021-10-13 Denied Response WaivedIFP criminal-procedure due-process first-step-act incarceration notice resentencing sentencing-modification supervised-release Whether § 404 of the First Step Act allows a district court to impose a term of supervised release not previously imposed, as it was not a component o…
21-5848 Zackie Thomas Reed, IV v. United States Fifth Circuit 2021-10-01 Denied Response WaivedIFP black-v-romano criminal-procedure due-process fifth-circuit narcotics narcotics-violation preponderance-of-evidence preponderance-standard revocation supervised-release Whether the preponderance of the evidence standard utilized by the United States Court of Appeals for the Fifth Circuit in a supervised release revoca…
21-5632 Eliseo Carrillo, III v. United States Fifth Circuit 2021-09-09 Denied Response WaivedIFP bureau-of-prisons criminal-law district-court due-process liberty liberty-interest mental-health sentencing supervised-release upward-departure Whether the District Court deprived the Petitioner of liberty within the terms of 18 U.S.C. 3583 (c) and (d) by upward departing in re-sentencing Peti…
21-5583 Jordan Lee Bell v. United States Fifth Circuit 2021-09-07 Denied Response WaivedIFP civil-rights constitutional-vagueness criminal-sentencing due-process first-amendment pornographic-matter supervised-release unconstitutionally-vague Does a special condition of supervised release that prohibits possession or control of 'any pornographic matter' violate due process as unconstitution…
21-5478 Ulises Alvarado v. United States Eighth Circuit 2021-08-25 Denied Response WaivedIFP conditions-of-release COVID-19 covid-19-test criminal-law due-process federal-law federal-procedure revocation supervised-release Is it a violation of due-process for a defendant to have his supervised-release revoked for declining to take a COVID-19 test that was not clearly a c…
21-5231 Shaun J. Salazar v. United States Tenth Circuit 2021-07-29 Denied Response WaivedIFP criminal-justice criminal-procedure due-process federal-law imprisonment revocation sentencing statutory-interpretation statutory-maximum supervised-release united-states-v-haymond Whether a district court may impose a revocation imprisonment term under 18 U.S.C. § 3583(e)(3) that, when combined with a defendant's initial term of…
21-5153 Brian K. Rogers v. United States First Circuit 2021-07-21 Denied Response WaivedIFP circuit-split fifth-amendment polygraph polygraph-examination self-incrimination sex-offender-treatment supervised-release Are admissions made during a polygraph examination required by sex offender treatment compelled for purposes of the Fifth Amendment when failing the e…
21-5160 Rodney Ledell Carter v. United States Fifth Circuit 2021-07-21 Denied Response WaivedIFP criminal-procedure due-process parole sentencing sixth-amendment supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
21-68 Brendon Janis v. United States Eighth Circuit 2021-07-19 Denied constitutional-delegation delegation-of-authority due-process probation-officer risk-notification sentencing-guidelines supervised-release vagueness vagueness-doctrine Does Standard Condition 12 unconstitutionally delegate authority to the probation officer?
21-5101 Giuseppe Viola, aka Joseph John Viola v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al. Ninth Circuit 2021-07-14 Denied Response WaivedRelisted (2)IFP cares-act conditions-of-confinement criminal-law eighth-amendment federal-jurisdiction habeas-corpus restitution section-2241 supervised-release Whether jurisdiction exists for presentation of grounds for relief from all custody under § 2241, challenging conditions of confinement
21-5045 Colvis Jerrod Higgins v. United States Fifth Circuit 2021-07-08 Denied Response WaivedIFP alcohol-prohibition criminal-procedure drug-treatment due-process judicial-discretion plain-error sentencing sentencing-conditions special-conditions substance-abuse supervised-release Did the district court plainly err when it imposed a special condition of supervised release requiring Mr. Higgins to abstain from alcohol and to atte…
21-5053 Hernando Javier Vergara v. United States Eleventh Circuit 2021-07-08 Denied Response WaivedIFP 5th-amendment 6th-amendment amendment-challenge constitutional-scrutiny criminal-procedure criminal-sentencing due-process jury-trial retroactive-application retroactivity supervised-release Should the Haymond ruling be considered retroactive?
21-5030 Jonathan Mark Brinda v. United States Sixth Circuit 2021-07-07 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a criminal-sentencing district-court-discretion due-process excessive-sentence sentencing sentencing-considerations statutory-considerations statutory-interpretation supervised-release Whether the district court erred in sentencing the defendant excessively based on the statutory considerations in 18 U.S.C. §3553(a) and in imposing a…
20-8477 Stephen Aguiar v. United States Second Circuit 2021-07-01 Denied Response WaivedIFP appellate-procedure article-three case-or-controversy civil-rights constitutional-law criminal-procedure due-process judicial-review sentencing standing supervised-release Whether the Second Circuit wrongly dismissed petitioner's appeal prematurely as moot before allowing him the opportunity to show that his appeal meets…
20-8414 Cynthia Stiger v. United States Fifth Circuit 2021-06-24 Denied Response WaivedIFP alternate-jurors bias circuit-split criminal-procedure due-process health-care-fraud judicial-discretion juror-bias jury-selection restitution-liability supervised-release Did the Fifth Circuit err in holding that the district court did not abuse its discretion in refusing to strike a juror during trial based on perceive…
20-8330 Ilmane Charone Campas Strong v. United States Fifth Circuit 2021-06-16 Denied Response WaivedIFP commerce-clause constitutional-law criminal-law criminal-procedure due-process federal-jurisdiction firearms judicial-fact-finding mandatory-minimum sixth-amendment supervised-release Whether 18 U.S.C. §922(g) permits conviction for the possession of any ammunition that has ever crossed state lines at any time in the indefinite past…
20-8241 John Doe v. United States Fourth Circuit 2021-06-07 Denied Response WaivedRelisted (2)IFP constitutional-law criminal-procedure due-process sentencing statutory-interpretation supervised-release Does the Supreme Court's decision in Haymond v. United States, 139 S. Ct. 2369 (2019) abrogate circuit court precedents on the supervised release revo…
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 Whether a supervised-release condition prohibiting a low-level sex offender from living in most urban and suburban areas is substantively unreasonable…
20-8194 Irvin Moreno v. DeWayne Hendrix, Warden Ninth Circuit 2021-06-02 Denied Response WaivedIFP administrative-procedure-act bureau-of-prisons drug-trafficking nonviolent-offense sentence-reduction sentencing-reduction statutory-interpretation supervised-release Whether the BOP violated the plain meaning of the relevant sentencing statutes and regulations by categorically disqualifying a prisoner convicted of …
20-1656 Carmen Johnson v. United States Fourth Circuit 2021-05-27 Denied Response Waived asset-forfeiture civil-rights coram-nobis criminal-procedure due-process ineffective-assistance restitution supervised-release May an individual challenge non-custodial aspects of a criminal judgment through a petition for writ of error coram nobis?
20-8136 Ebone Jazmine McAfee, aka Jazzy v. United States Fifth Circuit 2021-05-25 Denied Response WaivedIFP advisory-guidelines appellate-review circuit-split sentencing supervised-release supervisory-powers Whether the decision of the United States Court of Appeals for the Fifth Circuit conflicts with the decisions of this Court on an important matter, an…
20-8062 Erold Martin Panopio v. United States Eleventh Circuit 2021-05-18 Denied Response WaivedIFP constitutional-rights criminal-justice criminal-procedure cruel-and-unusual-punishment eighth-amendment juvenile-sentencing sentencing sentencing-reform supervised-release youthful-offender youthful-offenders Whether a near twenty year prison sentence followed by a fifteen year term of supervised release for a youthful offender such as Panopio violates the …
20-1556 Dawn Herndon v. Judy R. Upton, Warden Fifth Circuit 2021-05-10 Denied Response RequestedResponse WaivedRelisted (2) criminal-procedure equitable-considerations habeas-corpus mootness prison-release sentencing supervised-release Whether a habeas case is moot when the defendant has completed their term of imprisonment and commenced supervised release, even though the sentencing…
20-7944 Peter Bobal v. United States Eleventh Circuit 2021-05-05 Denied Response WaivedIFP circuit-split civil-rights constitutional-law due-process first-amendment internet-access sex-offender supervised-release Does the constitutional holding of Packingham v. North Carolina apply to offenders on supervised release?
20-7853 Craig Allen Morgenstern v. United States Ninth Circuit 2021-04-27 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process ex-post-facto fifth-amendment ineffective-assistance jury-instructions sixth-amendment statutory-elements statutory-interpretation supervised-release Whether the trial court's errors in allowing modified jury instructions that impermissibly deleted statutory elements violated the defendant's Fifth a…
20-7786 Obidiah McCaskill v. Mark S. Inch, Secretary, Florida Department of Corrections Florida 2021-04-16 Denied Response WaivedIFP civil-rights constitutional-violation due-process fair-hearing fifth-amendment florida-statutes liberty sixth-amendment supervised-release unconstitutional Whether Florida Statutes and case law have deprived the petitioner of his liberty and a fair hearing, in violation of the 14th Amendment
20-7763 Brian David Hill v. Virginia Virginia 2021-04-15 Denied IFP actual-innocence constitutional-rights cruel-and-unusual-punishment due-process habeas-corpus indecent-exposure procedural-defect state-custody supervised-release Where the Virginia Supreme Court didn't think that the Petition for Writ of Habeas Corpus should apply to the case of Brian David Hill being convicted…
20-7624 Jeremy Randolph Martin v. United States Fourth Circuit 2021-03-31 Denied Response WaivedIFP ashcroft-v-free-speech-coalition constitutional-rights due-process electronic-devices fifth-amendment first-amendment free-speech internet-monitoring supervised-release united-states-v-holena Do the conditions of petitioner's supervised release violate the First Amendment and Due Process?
20-7483 Luis Andres Medel-Guadalupe v. United States Fifth Circuit 2021-03-17 Denied Response WaivedIFP article-iii delegation-of-authority inpatient-treatment outpatient-treatment probation-officer supervised-release Does a district court's delegation of authority to a probation officer to determine whether a person on supervised release undergoes inpatient treatme…
20-7313 Leonard Glen Overmyer, III v. United States Sixth Circuit 2021-03-03 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure due-process habeas-corpus ineffective-counsel judicial-discretion post-conviction-relief sentencing sentencing-error supervised-release Whether a Defendant should be allowed to seek a reduction of, or discharge from, an imposed supervised release after being improperly sentenced, and r…
20-7276 Russell Lawayne Montague v. United States Fifth Circuit 2021-03-01 Denied Response WaivedIFP controlled-substance criminal-procedure due-process protective-order sentencing-disparities sentencing-factors sentencing-guidelines sentencing-review supervised-release Whether the district court ordered an unreasonably long 114-month prison sentence
20-7250 Eunice Husband v. United States Seventh Circuit 2021-02-26 Denied Response WaivedIFP appellate-review criminal-procedure due-process federal-rules-of-criminal-procedure ineffective-assistance-of-counsel judicial-bias plain-error supervised-release united-states-constitution Whether the district court and appellate court erred in their handling of the defendant's claims of plain error, judicial bias, ineffective assistance…
20-7170 In Re Abhijit Prasad 2021-02-19 Denied Relisted (2)IFP civil-procedure criminal-procedure due-process habeas-corpus judicial-review mandamus pro-se standing supervised-release Question not identified
20-7072 Jean Denis Paul v. United States Eleventh Circuit 2021-02-09 Denied Relisted (2)IFP circuit-court double-jeopardy fairness-integrity felon-in-possession plain-error plain-error-review rehaif revocation substantial-rights supervised-release supreme-court-decision trial-record Whether when applying plain-error review based upon an intervening United States Supreme Court decision, a circuit court of appeals may review matters…
20-6977 Joshua Ryan Dorman v. United States Fifth Circuit 2021-01-28 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6942 Juan Jose Camarena v. United States Ninth Circuit 2021-01-26 Denied Response WaivedIFP 18-usc-3583 5th-amendment due-process fifth-amendment gang-affiliation liberty plain-error sentencing-conditions supervised-release vagueness Is this condition of supervised release a violation of the Fifth Amendment due process right against vague conditions of release and/or a greater depr…
20-6923 Christopher J. Abbate v. United States Fifth Circuit 2021-01-25 Denied Response RequestedResponse WaivedRelisted (2)IFP due-process first-amendment interpretation pornography supervised-release vagueness Does a special condition of supervised release that prohibits possession or control of 'any pornographic matter' violate due process as unconstitution…
20-6928 Timothy Ivey v. United States Fifth Circuit 2021-01-25 Denied Response WaivedIFP credibility credibility-determination due-process fifth-amendment out-of-court-identification reliability revocation revocation-hearing supervised-release Does a district court violate a defendant's due process rights by relying solely on an uncorroborated, recanted, out-of-court identification to revoke…
20-6903 Francisco Villa v. United States Ninth Circuit 2021-01-22 Denied Response WaivedIFP child-visitation children constitutional-rights criminal-sentencing due-process mexico parental-contact personal-contact personal-liberty supervised-release Whether and to what extent supervised release conditions may intrude on the Constitutional right to personal contact with one's children, by prohibiti…
20-6883 Christopher Brent Garner v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP appellate-procedure constitutional-challenge due-process federal-authority jury-trial legal-error sentencing sentencing-review standard-of-review supervised-release trial-by-jury Whether 18 U.S.C. §3583(g) unconstitutionally deprives federal supervised releasees of the right to trial by jury?
20-6888 Christina Elizabeth Pandey v. United States Fifth Circuit 2021-01-14 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6863 Tommy Findley v. United States Eleventh Circuit 2021-01-13 Denied Response WaivedIFP circuit-split federal-court-review first-amendment fourth-amendment internet-access probable-cause state-law-application supervised-release warrant-application warrant-probable-cause Whether a federal court is required to apply controlling state law in determining whether facts omitted from a warrant application vitiate probable ca…
20-6864 Brian David Hill v. United States Fourth Circuit 2021-01-13 Denied Response WaivedIFP appellate-review criminal-appeal criminal-procedure due-process jury-trial preponderance-of-evidence reasonable-doubt sixth-amendment supervised-release trial-by-jury Whether the district court erred in sentencing the petitioner without a jury trial and by a preponderance of the evidence
20-6808 Thomas Traficante v. United States Second Circuit 2021-01-08 Denied IFP constitutional-challenge constitutional-challenges courts-of-appeals direct-appeal due-process ripeness risk-condition second-circuit sentencing-reform-act sentencing-review supervised-release Whether the Second Circuit Court of Appeals erred in denying Traficante's constitutional challenges to his risk condition of supervision as unripe on …
20-6757 Phillip Jazir Thompson v. United States Fourth Circuit 2021-01-04 Denied Response WaivedIFP criminal-procedure criminal-sentencing due-process fugitive fugitive-status probation-law sentencing sentencing-conditions supervised-release tolling tolling-period Whether a term of supervised release is tolled during the time in which the person on supervised release is a fugitive
20-865 In Re Todd Britton-Harr 2020-12-30 Denied 28-usc-2244 28-usc-2255 circuit-split false-statement federal-prisoners habeas-corpus section-2244 section-2255 successive-petitions supervised-release Whether 28 U.S.C. section 2244(b)(1) applies to federal prisoners seeking relief under 28 U.S.C. section 2255
20-6715 Michael Adair Mankin v. United States Fifth Circuit 2020-12-29 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6691 Cesar Armenta Lopez v. United States Eleventh Circuit 2020-12-22 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fifth-amendment procedural-fairness sixth-amendment supervised-release united-states-v-haymond Did the district court's failure to afford petitioner an opportunity to be heard prior to adjudicating him guilty of supervised release violations as …
20-6657 Ezer Rosembel Barrientos-Osorio v. United States Fifth Circuit 2020-12-18 Denied Response WaivedIFP constitutes plain error affecting substantial rig for a defendant likely to be deported criminal-procedure deportation plain-error sentencing-guidelines substantial-rights supervised-release Where a district court commits plain error by failing to follow Section 5D1.1(c) of the United States Sentencing Guidelines by imposing, without expla…
20-6566 Anilou Beltran Del Rio v. United States Fifth Circuit 2020-12-08 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6513 Calvin Teko Coston v. United States Fourth Circuit 2020-12-03 Denied Response WaivedIFP constitutional-challenge due-process fifth-amendment jury-trial mandatory-imprisonment revocation sentencing-discretion sixth-amendment supervised-release united-states-v-haymond Whether 18 U.S.C. § 3583(g) violates the Fifth and Sixth Amendments
20-6434 Julian Madero-Diaz, aka Hector Ramon Castillo v. United States Ninth Circuit 2020-11-25 Denied Response WaivedIFP 18-usc-3583 constitutional-punishment fifth-amendment jury-trial punishment-scheme sentencing-procedure sixth-amendment supervised-release Whether a judge's decision to revoke a person's supervised release and send him to prison subjects him to an unconstitutional punishment scheme under …
20-6359 Andrew Rey Ybaben v. United States Fifth Circuit 2020-11-17 Denied IFP appellate-jurisdiction child-pornography discretionary-conditions due-process federal-criminal-law interstate-commerce sentencing statutory-interpretation supervised-release Whether 18 U.S.C. §2251 authorizes conviction upon proof that materials used to produce child pornography once crossed state lines at an unspecified p…
20-6285 Brittany Shanice Williams v. United States Fifth Circuit 2020-11-12 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6292 Alonte Deshavion Richey v. United States Fifth Circuit 2020-11-12 Denied Response WaivedIFP constitutional-law criminal-procedure criminal-sentencing due-process fifth-amendment sentencing sixth-amendment statutory-interpretation supervised-release Whether 18 U.S.C. § 3583(g) comports with the Fifth and Sixth Amendments?
20-6213 J. Santos Mondragon-Benitez v. United States Fifth Circuit 2020-11-05 Denied Response WaivedIFP appellate-review criminal-procedure federal-authority imprisonment-revocation plain-error reasonableness reasonableness-standard revocation sentencing-review standard-of-review supervised-release Whether sentences of imprisonment following the revocation of supervised release should be reviewed for reasonableness or plain unreasonableness?
20-6102 Dontayous Tonard Cameron v. United States Eleventh Circuit 2020-10-21 Denied Response WaivedIFP 5th-amendment 6th-amendment due-process fifth-amendment parole revocation-sentence sentencing-scheme sixth-amendment statutory-maximum supervised-release Is 18 U.S.C. § 3583(e) unconstitutional as applied?
20-6058 Lacey Renee Baxter Moore, aka Lacey Kittrell v. United States Fifth Circuit 2020-10-16 Denied Response WaivedIFP 4th-amendment criminal-procedure due-process liberty-deprivation probation probation-condition sentencing-guidelines statutory-interpretation statutory-purposes supervised-release Whether a standard condition of supervised release requiring a person to permit a probation officer to visit at any time at home or elsewhere is too b…
20-6001 Antranette Canady v. United States Fifth Circuit 2020-10-13 Denied Response WaivedIFP 3583(d)(2) civil-rights criminal-procedure liberty-deprivation probation probation-condition sentencing-guidelines statutory-interpretation statutory-purposes supervised-release Is a standard condition of supervised release which requires a person to 'permit a probation officer to visit [her] at any time at home or elsewhere' …
20-5958 Jimmy Kit Fields v. United States Fifth Circuit 2020-10-08 Denied Response WaivedIFP alcohol-abuse criminal-sentencing due-process liberty-deprivation plain-error statutory-reasonableness supervised-release Whether a court can impose a condition of supervised release to abstain from alcohol without explanation
20-5711 David Smith-Garcia, fka David Garwood Atwood, II v. United States Fifth Circuit 2020-09-16 Denied Response WaivedIFP consecutive-sentences criminal-procedure fifth-circuit plain-error-review sentencing supervised-release Whether the district court erred by ordering two terms of imprisonment to run consecutive in the subject third supervised release revocation proceedin…
20-5490 William James Payton v. United States Fifth Circuit 2020-08-25 Denied Response WaivedIFP 3583(d)(2) criminal-procedure home-visit home-visits liberty-deprivation probation-officer statutory-interpretation statutory-purposes supervised-release Is a standard condition of supervised release too broad to comply with the directive under § 3583(d)(2) that a condition involve no greater deprivatio…
20-5346 Jerry Lee Thompson v. United States Fifth Circuit 2020-08-13 Denied Response WaivedIFP civil-rights criminal-procedure due-process judicial-discretion plain-error sentencing substance-abuse-treatment supervised-release Does a district court commit reversible plain error when it imposes a condition of supervised release requiring the defendant to participate in and pa…
20-5283 Mauricio Lemus v. United States Fifth Circuit 2020-08-06 Denied Response WaivedIFP burden-of-proof crime-of-violence criminal-procedure due-process preponderance-of-evidence preponderance-of-the-evidence revocation-hearing sentencing supervised-release Whether at a supervised-release revocation hearing the government must prove by a preponderance of the evidence its contention that a defendant's cond…
20-5139 Algere Jones v. United States Second Circuit 2020-07-22 Denied Response WaivedIFP 4th-amendment criminal-procedure due-process exclusionary-rule federal-district-court fourth-amendment search-and-seizure standing supervised-release Can a federal district court bar the use of the Exclusionary Rule during the petitioner's violation of supervised release hearing?
20-5122 Maximo Flores-Lezama v. United States Ninth Circuit 2020-07-21 Denied Response WaivedIFP 18-usc-3583(e) criminal-conduct criminal-punishment due-process precedents punishment revocation sentencing statutory-interpretation supervised-release Whether a supervised release revocation sentence may be imposed to punish a defendant for his underlying criminal conduct, or whether a punitive revoc…
20-5007 Anthony Ray Foley v. United States Fifth Circuit 2020-07-09 Denied Response WaivedIFP appellate-review appellate-standard booker-standard circuit-split due-process federal-sentencing sentencing sentencing-review standard-of-review supervised-release Is the 'reasonableness' standard or the 'plainly unreasonable' standard the proper standard for appellate review of a sentence imposed upon revocation…
19-8691 Jardiel Infante-Caballero v. United States Ninth Circuit 2020-06-12 Denied Response WaivedIFP 5th-amendment 6th-amendment criminal-procedure due-process sentencing supervised-release Whether imposing a supervised release term violates the right to a jury trial
19-8667 Diamante Alfred v. United States Ninth Circuit 2020-06-11 Denied Response WaivedIFP due-process individualized-sentencing judicial-bias judicial-discretion plea-bargaining recusal sentencing supervised-release supervision-violation Does a district court fail to appropriately individualize a sentence where the sentence imposed is based on a 'promise' made by the judge, long before…
19-8675 Issac Oral Chandler v. United States Fifth Circuit 2020-06-11 Denied Response WaivedIFP constitutional-challenge criminal-sentencing due-process fifth-amendment jury-trial reasonable-doubt revocation sixth-amendment statutory-interpretation supervised-release Should this Court grant review to determine whether the mandatory provision for revocation of supervised release set forth in 18 U.S.C. § 3583(g) viol…
19-8566 John Charles Thompson v. United States Fourth Circuit 2020-05-29 Denied Response WaivedIFP aggregate-imprisonment civil-rights criminal-procedure due-process imprisonment plain-error revocation sentencing sentencing-guidelines supervised-release Was it plain error for the Western District of North Carolina to not aggregate Mr. Thompson's multiple revocation active imprisonment sentences then r…
19-8569 Brandon S. Wilson v. United States Seventh Circuit 2020-05-29 Denied Response WaivedIFP 18-usc-3553(a) 18-usc-3553a abuse-of-discretion criminal-procedure district-court-discretion due-process procedural-error sentencing sentencing-reasonableness supervised-release Is Mr. Wilson's sentence procedurally and substantively infirm because the district court failed to consider the factors under 18 USC §3553(a) or offe…
19-8504 Jose Antonio Garcia v. United States Ninth Circuit 2020-05-20 Denied Response WaivedIFP admission-of-guilt constitutional-law criminal-procedure disposition-agreement due-process judicial-discretion plea-bargaining sentencing supervised-release Whether Mr. Garcia's admission to a violation of supervised release violated due process
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 Whether the district court abused its discretion in imposing an above-Guidelines sentence without adequately addressing the defendant's arguments for …
19-8016 Jaime Vega, aka Jimmy Johnson v. United States Ninth Circuit 2020-03-18 Denied Response WaivedIFP appeal appeals criminal-procedure district-court due-process revocation-sentence sentencing sentencing-guidelines statutory-interpretation supervised-release To what extent does 18 U.S.C. § 3553 require a district court to specifically state the reasons for imposing a revocation sentence above the guideline…
19-7904 Jason Bonds v. United States Second Circuit 2020-03-09 Denied IFP criminal-procedure due-process fifth-amendment minnesota-v-murphy polygraph Polygraph-Examination Right-to-Remain-Silent right-to-silence self-incrimination supervised-release Whether a condition of supervised release requiring a defendant to participate in sex offender treatment that may include polygraph examinations viola…
19-7838 Anthony Shockey v. United States Seventh Circuit 2020-03-03 Denied Response WaivedIFP addiction-treatment criminal-justice criminal-law criminal-procedure drug-addiction drug-test due-process parole probation sentencing-guidelines supervised-release violation-classification When an addict on supervised release fails a drug test, should the failure be treated as a crime or a manifestation of a disease?
19-7679 Jonathan Brownlee v. Keith Hearns, et al. Third Circuit 2020-02-14 Denied Response WaivedRelisted (2)IFP civil-rights criminal-procedure due-process probation-officer restitution sentencing supervised-release Should the United States Probationary Officer Robert Cowan be held criminally liable for his actions which caused the Petitioner to take supervised re…
19-7450 George Maurice Steele v. United States Fifth Circuit 2020-01-29 Denied Response WaivedIFP confrontation confrontation-clause confrontation-right criminal-procedure due-process fifth-amendment revocation-hearing sentencing supervised-release witness-testimony Whether the district court erred by allowing testimony at the revocation hearing that violated Mr. Steele's Fifth Amendment due process right to confr…
19-7433 Anthony Russell Wilson v. United States Eighth Circuit 2020-01-27 Denied Response WaivedIFP 18-usc-3583 criminal-prosecution double-jeopardy federal-sentencing fifth-amendment statutory-interpretation supervised-release united-states-v-haymond Whether the Fifth Amendment's protection against double jeopardy is violated when a defendant is prosecuted and punished for a firearm possession offe…
19-7446 Enrique A. Echeverria-Benitez v. United States Fifth Circuit 2020-01-27 Denied Response WaivedIFP appellate-review criminal-procedure double-jeopardy fifth-circuit illegal-reentry plain-error retribution sentencing sentencing-guidelines supervised-release Whether the imposition of consecutive sentences for illegal reentry and revocation of supervised release was unreasonable and constituted reversible e…
19-934 In Re Todd Britton-Harr 2020-01-27 Denied 28-usc-2244 28-usc-2255 circuit-split federal-prisoners habeas-corpus procedural-review second-successive-motion statutory-interpretation successive-petitions supervised-release Whether 28 U.S.C. section 2244(b)(1) applies to federal prisoners seeking relief under 28 U.S.C. section 2255
19-7249 Herbert Evans v. J. Hollingsworth, Warden Third Circuit 2020-01-10 Denied Response WaivedIFP criminal-procedure due-process jurisdiction parole revocation sentencing statutory-interpretation supervised-release Whether a district court has the authority to impose a new sentence of imprisonment after the original term of supervised release has expired
19-7165 Omar Macias-Macias v. United States Fifth Circuit 2020-01-03 Denied Response RequestedResponse WaivedRelisted (2)IFP appellate-jurisdiction appellate-ripeness circuit-split civil-rights constitutional-law criminal-procedure direct-appeal due-process finality jurisdiction justiciability legal-challenge standing supervised-release Does the doctrine of prudential ripeness allow the Court of Appeals to dismiss a defendant's timely direct appeal challenging a supervised release con…
19-7126 Ronald Damon v. United States Third Circuit 2019-12-31 Denied Response WaivedIFP 18-usc-3583 5th-amendment appeal appellate-waiver circuit-split due-process due-process-clause plea-agreement post-conviction-waiver sentencing supervised-release Whether an appellate and post-conviction waiver in a plea agreement barring challenges to the 'sentence imposed' precludes an appeal of the denial of …
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 Whether a sentencing judge must consider the 18 U.S.C. § 3553(a) sentencing factors when imposing a sentence for a supervised release violation that r…
19-7008 Abraham Hernandez-Zavala v. United States Ninth Circuit 2019-12-19 Denied Response WaivedIFP coram-nobis Criminal-Conviction criminal-procedure custody custody-status deportation deportation-supervised-release due-process Habeas-Corpus immigration immigration-law supervised-release writ-of-error-coram-nobis Whether deportation automatically ends an immigrant's imposed supervised release?
19-6948 Michael Eugene Spry v. United States Fourth Circuit 2019-12-16 Denied Response WaivedIFP 18-USC-3553 criminal-procedure double-jeopardy due-process federal-courts federal-jurisdiction federal-sentencing sentencing sentencing-guidelines sentencing-reasonableness supervised-release Whether the appellant Michael Eugene Spry's sentence was unreasonable as it was greater than necessary and as such, fails to comply with Title 18, Uni…
19-6926 Roger William Campbell, II, aka Roger William Campbell v. United States Ninth Circuit 2019-12-12 Denied Response RequestedResponse WaivedRelisted (2)IFP concurrent-sentences consecutive-sentences criminal-procedure federal-sentencing revocation sentence-revocation sentencing-guidelines supervised-release united-states-sentencing-commission Is the 'stacking' of multiple consecutive sentences, upon revocation of multiple concurrent terms of supervised release, consistent with the United St…
19-6876 Mauricio Aguirre, aka Mauricio Aguirre-Orcutt, aka Peter Holston-Aguirre, aka Peter Holston, aka Miller Aguirre v. United States Fifth Circuit 2019-12-09 Denied Response WaivedIFP apprendi-v-new-jersey criminal-procedure due-process fifth-amendment indictment jury-trial sentencing sentencing-modification sixth-amendment supervised-release Whether a federal defendant may suffer additional imprisonment on the basis of facts that have never been placed in an indictment, nor proven to a jur…
19-6881 April Torres v. United States Fifth Circuit 2019-12-06 Denied Response WaivedIFP abuse-of-discretion appellate-review criminal-procedure district-court due-process judicial-discretion parole probation reasonableness revocation sentencing supervised-release Did the district court impose a plainly unreasonable revocation sentence upon Ms. Torres?
19-6719 Mauro Castaneda Palacio v. United States Fifth Circuit 2019-11-22 Denied Response WaivedIFP 8th-amendment civil-rights criminal-procedure due-process federal-jurisdiction federal-supervised-release sentencing standing supervised-release vagueness Whether the U.S. 4th Circuit Court of Appeals erred in upholding the constitutionality of 18 U.S.C. § 3583(k) as applied to the petitioner
19-6721 Christopher Ray Parrish v. United States Fourth Circuit 2019-11-22 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-6692 Kenneth Robert Simpson v. United States Eighth Circuit 2019-11-20 Denied Response WaivedIFP constitutional-interpretation constitutional-rights double-jeopardy due-process fifth-amendment habeas-corpus judicial-discretion parole revocation sentencing-guidelines statutory-construction supervised-release Whether the revocation of supervised release and imposition of additional imprisonment for a violation of the conditions of supervised release violate…
19-6620 John Kevin Waldrip v. United States Fifth Circuit 2019-11-13 Denied Response WaivedIFP appeal criminal-procedure federal-law federal-sentencing-guidelines federal-statute fifth-circuit judicial-review sentencing sentencing-guidelines special-assessments statutory-interpretation supervised-release Whether the Fifth Circuit violated federal law when it refused to vacate the $15,000 special assessments
19-6552 Darrell Tykwan Atkinson v. United States Fourth Circuit 2019-11-07 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-6314 Ralph Willard Savoie v. United States Fifth Circuit 2019-10-21 Denied Response WaivedIFP conflict-of-interest criminal-procedure due-process haymond-v-united-states parole plea-agreement precedent sentencing statutory-interpretation suborned-perjury supervised-release supreme-court supreme-court-precedent united-states-v-watts waiver-of-appeal Can United States v. Watts stand in light of recent holdings in Haymond v. United States?
19-6269 Eduardo Romero Martinez v. United States Fourth Circuit 2019-10-15 Denied Response WaivedIFP constitutional-law criminal-conduct double-jeopardy federal-court federal-government punishment sentencing supervised-release Whether the Double Jeopardy Clause prohibits a federal court from revoking supervised release and sentencing someone based on criminal conduct for whi…
19-6177 Valerie Flores v. United States Seventh Circuit 2019-10-07 Denied Response WaivedIFP appellate-review circuit-court government-admission government-waiver plain-error plain-error-review sentencing seventh-circuit supervised-release vagueness waiver waiver-doctrine Whether the Seventh Circuit errantly disregarded the government's failure to brief a waiver argument and disallowed relief for a supervised release co…
19-6082 Chase Matheny v. United States Fifth Circuit 2019-09-26 Denied Response WaivedIFP constitutional-rights fourth-amendment home-search liberty liberty-interest overbreadth overbroad probation probation-supervision reasonableness reasonableness-standard supervised-release supervision vagueness Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl…
19-6059 Serrah Arnold, aka Kristen v. United States Fifth Circuit 2019-09-25 Denied Response WaivedIFP constitutional-rights fourth-amendment home-search liberty-deprivation liberty-interest overbreadth probation probation-supervision reasonableness reasonableness-standard supervised-release vagueness Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit her at any time at home or elsewhere is unreasonabl…
19-5962 David Tjader v. United States Seventh Circuit 2019-09-17 Denied Response WaivedIFP appellate-review circuit-court government-waiver plain-error plain-error-review sentencing supervised-release vagueness waiver waiver-doctrine Whether the Seventh Circuit errantly disregarded the government's waiver of a waiver argument and disallowed relief for a supervised release condition…
19-5969 Tawoine Aquil Frank Banks v. United States Second Circuit 2019-09-17 Denied Response WaivedIFP consecutive-sentences consecutive-sentencing court-of-appeals criminal-procedure due-process revocation revocation-sentence section-3624e sentencing supervised-release Did the Court of Appeals err in affirming of a supervised revocation sentence that ran consecutively to other supervised release revocation sentence?
19-5884 Kevin Carson v. United States Eighth Circuit 2019-09-10 Denied Response WaivedIFP circuit-split civil-rights constitutional-vagueness due-process first-amendment free-speech overbreadth pornography pornography-prohibition supervised-release vagueness Whether the lifetime supervised release condition prohibiting Kevin Carson from possessing or having under his control any matter that is pornographic…
19-5891 Donte Island v. United States Third Circuit 2019-09-10 Denied Response WaivedIFP circuit-split criminal-law criminal-procedure criminal-sentencing due-process imprisonment release-conditions split-circuit statutory-interpretation supervised-release tolling Whether a term of supervised release may be tolled for periods of noncompliance with release conditions
19-5838 Glenn Ray Smith v. United States Fifth Circuit 2019-09-09 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process fourth-amendment fourth-amendment,supervised-release,probation,four home-search liberty liberty-interest probation probation-supervision search-and-seizure supervised-release whether-this-court-should-grant-certiorari-vacate- Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl…
19-5818 Joshua Wayne Riley v. United States Fourth Circuit 2019-09-04 Denied Response WaivedIFP civil-rights confession-reliability corroboration-requirement criminal-procedure due-process exclusionary-rule fifth-amendment miranda-rights parole-revocation supervised-release Whether the Fifth Amendment requires the district court to apply the exclusionary rule in a supervised release revocation hearing
19-5785 Raul Zapata-Dominguez v. United States Fifth Circuit 2019-09-03 Denied Response WaivedIFP constitutional-rights criminal-procedure fourth-amendment home-search indictment jury-trial liberty-deprivation liberty-interest overbreadth probation probation-supervision statutory-maximum statutory-reasonableness supervised-release supervision vagueness Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl…
19-5790 Ronald Frank Lee v. United States Fifth Circuit 2019-09-03 Dismissed Response RequestedIFP constitutional-rights fourth-amendment home-search liberty-deprivation liberty-interest overbreadth probation-supervision statutory-reasonableness supervised-release vagueness warrantless-search Whether a condition of supervision requiring the Petitioner to permit a probation officer to visit him at any time at home or elsewhere is unreasonabl…
19-5678 John T. Beyers v. United States Eighth Circuit 2019-08-22 Denied IFP certificate-of-appealability civil-procedure civil-rights constitutional-privacy due-process eighth-circuit-review habeas-corpus pro-se pro-se-review sentencing-procedure standing supervised-release Whether the 28 USC § 2253 process unconstitutionally dilutes the writ of habeas corpus by removing even the modest review available under common law
19-5629 Al-Malik Fruitkwan Shabazz v. United States Second Circuit 2019-08-20 Denied Response WaivedIFP armed-career-criminal-act armed-career-criminal-act-1984 categorical-approach connecticut-general-statutes-53a-133 connecticut-robbery florida-robbery force-clause resentencing sentencing statutory-interpretation stokeling-v-united-states stokeling-vs-united-states supervised-release violent-felony Whether robbery under Connecticut General Statutes § 53a-133 categorically qualifies as a 'violent felony' under the force clause of the Armed Career …
19-5468 Tara Glass v. United States Third Circuit 2019-08-06 Denied Response WaivedIFP criminal-procedure due-process ex-parte-communication ex-parte-communications fair-trial judicial-complaint judicial-integrity judicial-misconduct liberty-interest liberty-interests right-to-marry supervised-release Whether a Chief Circuit Judge should be required to notify a criminal Defendant once a non-party submits a pre-trial judicial misconduct complaint as …
19-5472 Martin Avalos-Rico, aka Rolando Blanco-Garcia, aka Oscar Cruz-Tulum, aka Alejandro Tamayo v. United States Eighth Circuit 2019-08-06 Denied Response WaivedIFP circuit-split deportable-offender due-process geographic-disparity immigration immigration-sentencing reentry-offense sentencing-discretion sentencing-guidelines sentencing-reform-act supervised-release Whether a district court that imposes supervised release on a deportable offender must specifically tie it to a need for deterrence or protection
19-5371 In Re Mary Capri 2019-07-29 Denied Response WaivedIFP civil-procedure civil-rights criminal-procedure due-process excessive-fines fourteenth-amendment habeas-corpus miscarriage-of-justice restitution supervised-release Can the District Court Deny to Abide with the Supreme Court rulings on Restitution?
19-5201 Kenneth Medenbach v. United States Ninth Circuit 2019-07-16 Denied Response WaivedIFP 18-usc-3561 criminal-procedure criminal-sentencing criminal-sentencing-authority district-court-jurisdiction due-process jurisdiction probation probation-term sentencing-authority statutory-interpretation substantial-rights supervised-release Did the District Court err in finding that it has authority under 18 USC §3561(a)(3) to impose a sentence of six months imprisonment and a 5 year term…
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?
19-5045 Donald Lee Hathorn v. United States Fifth Circuit 2019-07-03 Denied Response WaivedIFP 4th-amendment 5th-amendment 5th-circuit appellate-review criminal-procedure due-process electronic-devices fourth-amendment search-and-seizure supervised-release warrantless-search Whether the United States Court of Appeals for the Fifth Circuit erred by affirming the district court's requirement for Mr. Hathorn to submit his com…
19-5003 Roberto Cruz-Olavarria v. United States First Circuit 2019-06-28 Denied Response WaivedIFP circuit-split criminal-procedure due-process heightened-scrutiny judicial-discretion offense-seriousness sentencing sentencing-guidelines sentencing-review statutory-maximum supervised-release Whether there is a need for extensive justification and heightened scrutiny when imposing and reviewing sentences at the statutory maximum
18-9701 Antoine Gause v. United States Fourth Circuit 2019-06-18 Denied Response WaivedIFP constitutional-law constitutional-rights criminal-procedure due-process judicial-error miscarriage-of-justice plea-agreement plea-bargaining sentencing supervised-release Whether the lower courts fundamentally erred through a miscarriage of justice, by unconstitutionally sentencing the Petitioner to a longer sentence an…
18A1297 Joshua Wayne Riley v. United States Fourth Circuit 2019-06-11 Presumed Complete constitutional-protections criminal-procedure exclusionary-rule parole-revocation sixth-amendment supervised-release Whether supervised release revocation proceedings require full criminal procedural protections under the Sixth Amendment and the exclusionary rule
18-9567 Daniel De Leon v. United States Fifth Circuit 2019-06-06 Denied Response RequestedResponse WaivedRelisted (2)IFP criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt supervised-release Whether violations of supervised release require proof to a jury beyond a reasonable doubt
18-9427 Willie Anthony Saxby, Jr. v. United States Fourth Circuit 2019-05-28 Denied Response WaivedIFP constitutional-rights criminal-procedure criminal-prosecution dual-sovereignty due-process fair-notice federal-jurisdiction federal-state-jurisdiction pending-charges state-jurisdiction supervised-release Did the Federal Government violate the 'Doctrines of Dual Sovergeinship' which exist between Federal and State jurisdictions for prosecuting an 'alleg…
18A1199 Gregory Waddell Hayes v. United States Fourth Circuit 2019-05-20 Presumed Complete constitutional-protection criminal-conviction double-jeopardy federal-statute fifth-amendment supervised-release Whether the Double Jeopardy Clause prohibits revoking supervised release based on conduct for which a defendant has already been criminally convicted …
18-9062 Derek Ray King v. United States Fifth Circuit 2019-05-01 Denied Response RequestedResponse WaivedRelisted (2)IFP burden-of-proof criminal-procedure cross-examination due-process indictment jury-trial reasonable-doubt sentencing supervised-release whether-violations-of-supervised-release-require-jury-proof-beyond-reasonable-doubt
18-8794 Ricky Raymond Ball v. United States Eighth Circuit 2019-04-11 Denied Response WaivedIFP appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N)
18-8767 Antonio Slaton v. United States Eleventh Circuit 2019-04-10 Denied Response WaivedIFP alford-plea criminal-procedure double-jeopardy due-process evidence evidence-of-innocence federal-procedure federal-sentencing federal-supervised-release revocation-hearing supervised-release Whether a state conviction entered via an Alford plea creates an irrebuttable presumption such that a defendant in a federal supervised release revoca…
18-8700 Dorian Givens v. United States Fifth Circuit 2019-04-04 Denied Response WaivedIFP abuse-of-discretion appellate-review circuit-split criminal-procedure due-process federal-sentencing judicial-discretion sentencing standard-of-review supervised-release What is the proper standard of appellate review for sentences imposed on defendants following revocation of supervised release?
18-8558 Jorge Edwin Rivera v. United States Ninth Circuit 2019-03-26 Denied Response WaivedIFP appellate-review criminal-procedure federal-criminal-procedure federal-rules-of-criminal-procedure guidelines judicial-discretion plain-error plain-error-review sentencing sentencing-guidelines substantial-rights supervised-release Whether a district court's imposition of a term of supervised release double the Guidelines range without first calculating the range or providing an …
18-8540 Eric David Bennett v. United States Fourth Circuit 2019-03-25 Denied Response WaivedIFP 18-usc-3742 appellate-review booker booker-standard circuit-split criminal-procedure sentencing sentencing-review standard-of-review supervised-release united-states-v-booker Whether the appropriate standard of review for a sentence following the revocation of supervised release is the 'plainly unreasonable' standard or the…
18-8504 John Whaley v. United States Second Circuit 2019-03-21 Denied Response WaivedIFP appellate-review criminal-procedure criminal-sentencing due-process imprisonment procedural-reasonableness reasonableness sentencing sentencing-factors sentencing-guidelines supervised-release Whether the imposition of the same twenty-five year term of imprisonment and maximum term of supervised release was both procedurally and substantivel…
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…
18-8388 Brian Wright v. United States Ninth Circuit 2019-03-12 Denied Response WaivedIFP cell-phone-tracking due-process fourth-amendment overbreadth search-and-seizure sentencing supervised-release tapia-error vagueness warrantless-search Did the Ninth Circuit err by finding that there was no 'egregious violation' of Mr. Wright's Fourth Amendment rights when Mr. Wright's cellular phone …
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?
18-8264 Guadalupe Avendano-Vasquez v. United States Eleventh Circuit 2019-03-04 Denied Response WaivedIFP appeal-waiver appellate-review civil-procedure criminal-procedure deportation due-process sentencing sentencing-guidelines supervised-release Whether an appeal waiver precludes review of the sentence of supervised release when the defendant has been deported
18-8185 Anthony Alexander Ferrari v. United States Fifth Circuit 2019-02-28 Denied Response WaivedIFP constitutional-overbreadth fourth-amendment liberty-deprivation overbreadth overbroad plain-error probation-officer statutory-reasonableness supervised-release vague vagueness Whether it is plain error to require as a condition of supervised release that a defendant permit a probation officer to visit the probation officer a…
18-8187 Kelley Toney v. David Stock, Warden Illinois 2019-02-28 Denied Response WaivedIFP civil-rights constitutional-rights corrections-department due-process sentence-enhancement sentencing sentencing-procedure statutory-interpretation supervised-release Should a convicted person be fully admonished at sentencing?
18-8083 Reshawn D'Arby Magnificent-El, aka Reshawn D'Arby Phillips v. United States Ninth Circuit 2019-02-22 Denied Response WaivedIFP abuse-of-discretion compliance criminal-procedure discretion district-court drug-testing due-process knowingly-used-drugs sentencing-conditions supervised-release supervised-release-conditions Whether a district court abuses its discretion in imposing a drug-testing condition on a defendant who never knowingly used drugs, and has otherwise b…
18-8048 Darnell D. Owens v. United States Sixth Circuit 2019-02-21 Denied Response WaivedIFP constitutional-interpretation criminal-history due-process federal-law historical-practice judicial-discretion propensity-evidence sixth-amendment sixth-circuit supervised-release Whether the Due Process Clause permits a judge or factfinder to rely on a person's criminal history to conclude that he or she likely committed anothe…
18-7977 James Mowery v. United States Fifth Circuit 2019-02-14 Denied Response WaivedIFP circuit-split civil-rights constitutional-rights due-process fifth-circuit first-amendment free-speech internet-access internet-restrictions packingham-precedent packingham-v-north-carolina social-media-access standing supervised-release Whether the Fifth Circuit has failed to apply the Supreme Court's ruling in Packingham v. North Carolina to supervised release Internet restrictions, …
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 certain conditions are met?
18-7857 Calvin Raymond Jones v. United States Sixth Circuit 2019-02-08 Denied Response RequestedResponse WaivedRelisted (2)IFP circuit-split civil-procedure civil-rights constitutional-concerns courts-of-appeals criminal-procedure due-process retribution sentencing supervised-release Whether a district court commits reversible error by imposing a sentence for a supervised release violation for the purpose of retribution
18-7456 Jonathan Sebert v. United States Eighth Circuit 2019-01-18 Denied Response WaivedIFP constitutional-rights criminal-sentencing due-process erotica first-amendment free-speech free-speech 18-7455" overbreadth overbroad overbroad-condition Question not identified. supervised-release vague vagueness Whether the special condition of supervised release imposed upon Mr. Sebert, which (for example) would prevent him from shopping at Wal-Mart because i…
18-7418 Derrick T. Seals v. United States Eighth Circuit 2019-01-15 Denied Response WaivedIFP 851-enhancement ambiguous-plea contract criminal-procedure due-process enhancement government-breach ineffective-assistance ineffective-assistance-of-counsel plea-agreement sentencing sentencing-enhancement sentencing-guidelines supervised-release Did government breach plea agreement/contract when defendant never agreed to enhancement?
18-7228 Dashawn D. Brown v. United States Fourth Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release Whether the sentencing court erred in admitting hearsay statements as excited utterances
18-7196 Edward Allen McElroy v. United States Ninth Circuit 2018-12-28 Denied Response WaivedIFP child-pornography criminal-procedure due-process faretta-hearing faretta-v-california pro-se-representation self-representation sentencing supervised-release waiver-of-counsel Where a defendant is charged in federal court with possession and production of child pornography, the maximum punishment for which carries a lifetime…
18-7138 Antonio Alvarez-Moreno v. United States Ninth Circuit 2018-12-20 Denied Response WaivedIFP civil-rights constitutional-vagueness criminal-procedure due-process firearms law-enforcement-notification sentencing-guidelines supervised-release vagueness weapon-possession Are these conditions unconstitutionally vague?
18-7009 Jimmy Davis v. United States Third Circuit 2018-12-12 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process federal-rules federal-rules-of-criminal-procedure notice notice-requirement procedural-due-process supervised-release third-circuit Whether Mr. Davis was denied procedural due process
18-6934 Bobby Evans v. United States Fourth Circuit 2018-12-06 Denied Response WaivedIFP abuse-of-discretion criminal-procedure criminal-sentencing drug-treatment federal-procedure purposes-of-supervised-release revocation sentencing supervised-release Whether revoking the supervised release term of a defendant who is in need of drug treatment, after he initially failed in a drug treatment program, i…
18-6897 Victor Solorzano Tavia v. United States Eleventh Circuit 2018-12-03 Denied Response WaivedIFP blakely-rule consecutive-sentences criminal-procedure double-jeopardy grade-c-violation illegal-reentry sentencing sentencing-guidelines statutory-maximum supervised-release Whether sentence for illegal reentry and sentence for violation of supervised release should have run concurrent to avoid double jeopardy
18-6758 Michael Bordman v. United States Eighth Circuit 2018-11-20 Denied IFP child-pornography constitutional-vagueness continued-dissemination due-process harm-disaggregation initial-abuse restitution sentencing supervised-release Whether the restitution award in child pornography sentencings must disaggregate the harm caused by the initial abuse from the harm caused by the poss…
18-6421 Alexis D. Negron-Cruz v. United States First Circuit 2018-10-24 Denied Response WaivedIFP civil-rights constitutional-rights due-process first-amendment ineffective-assistance-of-counsel ineffective-counsel internet-access internet-restrictions plea-agreement plea-bargaining pornography-ban sentencing supervised-release supervised-release-conditions Whether District Court erred in imposing overbroad conditions of Supervised Release, limiting Petitioner's access to the Internet, for the term of sai…
18-6355 Christian Dominique Scott v. United States Fifth Circuit 2018-10-17 Denied Response WaivedIFP confrontation-clause criminal-procedure cross-examination due-process evidence parole revocation sentencing supervised-release Whether supervised release revocation defendants enjoy a limited right of cross-examination
18-6280 Thomas Gilmore Stewart v. United States Fifth Circuit 2018-10-11 Denied Response WaivedIFP challenge criminal-procedure due-process habeas-corpus judicial-discretion revocation state-conviction state-court-conviction supervised-release Whether a district court's decision to revoke a term of supervised release that is based upon a previous state court conviction which is being challen…
18-6150 Noel Aquino-Florenciani v. United States First Circuit 2018-10-01 Denied Response WaivedRelisted (2)IFP abuse-of-discretion child-pornography criminal-law criminal-procedure due-process internet-access internet-access-ban sentencing sentencing-guidelines supervised-release Whether the court's imposition of a total ban of internet access as a condition of supervised release is an overly broad and restrictive and without a…
18-6120 Jose Ramon Pulido-Nolazco v. United States Eleventh Circuit 2018-09-27 Denied Response WaivedIFP circuit-split criminal-justice criminal-procedure criminal-sentencing due-process federal-procedure prior-conviction sentencing sex-offender sex-offender-treatment supervised-release Whether the age of a prior sex offense conviction is a factor the court must consider when determining whether to impose sex offender treatment as a c…
18-6107 Jacob Logan Stone v. United States Eighth Circuit 2018-09-26 Denied Response WaivedIFP appellate-procedure constitutional-rights due-process notice opportunity-to-be-heard pro-se pro-se-litigant procedural-bar procedural-bars reentry summary-affirmance supervised-release Does the 8th Circuit's practice of denying pro se litigants the opportunity to brief their appeal deny the basic requirements of Due Process, notice a…
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 …
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 Whether the First Circuit erred in affirming the district court's denial of the petitioner's motion to suppress evidence obtained in violation of the …
18-5944 Rafael Tanco-Pizarro v. United States First Circuit 2018-09-12 Denied Response WaivedIFP 18-usc-3553 18-usc-3583 criminal-procedure criminal-sentencing discovery due-process revocation revocation-hearing sentencing sentencing-guidelines statutory-interpretation supervised-release title-18-usc Whether the punishment factor of the federal sentencing statute, Title 18 U.S.C §3553(a)(2)(A), is a permissible or prohibited factor in sentencing a …
18-5671 In Re Kenneth Simpson 2018-08-21 Dismissed Response WaivedIFP civil-rights conditions-of-release due-process eighth-amendment habeas-corpus parole sentencing standing supervised-release Whether a court can refuse to address a claim that an individual is being incarcerated under an unconstitutional statute, even when the individual has…
18-5682 Landon Trevor Anderson v. United States Fifth Circuit 2018-08-21 Denied Response WaivedIFP 4th-amendment circuit-split fourth-amendment harmless-error plain-error reasonable-suspicion supervised-release supervised-release-conditions Must searches conducted as conditions of federal supervised release be supported by at least reasonable suspicion?
18-5614 Alexander Jesus Santiago v. United States Fourth Circuit 2018-08-17 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-admission probable-cause probation prosecutorial-burden resentencing sentencing supervised-release supervised-release-revocation Did the district court improperly revoke Mr. Santiago's supervised release and resentence him despite a lack of evidence that he violated supervised r…
18-5521 Miguel Antonio Ramos v. United States Fifth Circuit 2018-08-09 Denied Response WaivedIFP criminal-procedure cross-examination due-process fourth-amendment procedural-due-process sentencing sentencing-enhancement supervised-release Whether the petitioner was denied procedural due process by enhancements to his guidelines sentence without any proof to support those enhancements
18-5319 Timothy Galen Tolbert v. United States Fifth Circuit 2018-07-24 Denied Response WaivedIFP 18-usc-3583 bureau-of-prisons drug-treatment due-process liberty liberty-deprivation post-release-conditions revocation sentencing statutory-interpretation supervised-release Whether the District Court deprived the Petitioner of liberty within the terms of 18 U.S.C. 3583 (c) and (d) by re-sentencing Petitioner to incarcerat…
18-5307 Andrew Wayne Hulen v. United States Ninth Circuit 2018-07-20 Denied Response WaivedIFP compelled-admissions constitutional-rights criminal-procedure due-process fifth-amendment garrity-v-new-jersey minnesota-v-murphy penalty-situation self-incrimination self-incrimination-clause sex-offender-treatment supervised-release Whether the Ninth Circuit's failure to analyze Petitioner's argument under the classic penalty situation addressed by this Court in Minnesota v. Murph…
18-5238 Hassanh Bey Wright, aka Hassanh Bay Wright v. United States Fourth Circuit 2018-07-16 Denied Response WaivedIFP crime-of-violence criminal-history criminal-law culpable-negligence force-clause intent mens-rea residual-clause sentencing-guidelines supervised-release Whether a crime with a mens rea of culpable negligence meets the definition of a 'crime of violence' under either the force clause or the residual cla…
18-5188 James Wilks v. United States Fifth Circuit 2018-07-11 Denied Response WaivedIFP 18-usc-3553(a) abuse-of-discretion district-court judicial-discretion plain-error plainly-unreasonable revocation revocation-sentence sentencing sentencing-factors supervised-release unreasonable-sentence Whether the district court imposed a plainly unreasonable revocation sentence by failing to properly balance the sentencing factors under 18 U.S.C. § …
18-5149 Francisco Cubero v. United States Eleventh Circuit 2018-07-06 Denied Response WaivedIFP certificate-of-appealability collateral-relief collateral-review conflicting-results due-process plea-hearing procedural-default sentencing supervised-release supervised-release-term Whether the district court's failure to correctly inform the defendant of the direct consequences of pleading guilty prejudiced the defendant
18-5089 Kevin Khaaliq Beamon v. United States Fourth Circuit 2018-07-02 Denied Response WaivedIFP 18-usc-3553(a) criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion sentencing-guidelines sentencing-upon-revocation sentencing-variance substance-addiction supervised-release upward-variance Whether a district court may impose a significant upward variance at sentencing upon revocation of supervised release on an individual who had never b…