| 22-6940 |
Leon Little v. United States |
Third Circuit |
2023-03-06 |
Denied |
Response WaivedRelisted (9)IFP |
criminal-sentencing due-process fifth-amendment jury-trial preponderance-of-evidence sixth-amendment uncharged-conduct |
Whether the Fifth and Sixth Amendments prohibit a federal court from basing a criminal defendant's sentencing on uncharged conduct |
| 21-7356 |
Stacey Tremaine Johnson v. United States |
Fourth Circuit |
2022-03-14 |
Denied |
Response WaivedIFP |
criminal-procedure drug-trafficking due-process evidence firearm-possession guideline-calculation jury-instruction jury-instructions sentencing sentencing-reasonableness standard-of-proof uncharged-conduct |
Whether there was sufficient evidence for the jury to find the petitioner guilty of drug-trafficking,firearm-possession |
| 21-6148 |
Lonnie Earl Parlor v. United States |
Ninth Circuit |
2021-11-02 |
Denied |
Response WaivedIFP |
criminal-sentencing drug-trafficking enhancement-factors firearm-possession firearms relevant-conduct sentencing-guidelines specific-offense-characteristics statutory-maximum uncharged-conduct |
Whether a defendant's uncharged possession of firearms is 'relevant conduct' for sentencing enhancement |
| 21-6077 |
Torri McCray v. United States |
Second Circuit |
2021-10-26 |
Denied |
Response RequestedResponse WaivedRelisted (2)IFP |
circuit-split due-process fact-finding fentanyl-analogue fifth-amendment sentencing statutory-interpretation statutory-maximum uncharged-conduct |
As every Federal Court of Appeals has now taken a position, should this Court resolve the Circuit split as to the proper fact-finding standard for unc… |
| 20-7172 |
Dakota Manucy Constantin v. Florida |
Florida |
2021-02-17 |
Denied |
Response WaivedIFP |
advisory-guidelines criminal-procedure due-process fifth-amendment judicial-discretion sentencing sentencing-guidelines sixth-amendment uncharged-conduct |
Was Constantin denied due process when the sentencing court relied upon uncharged conduct in imposing a sentence in excess of that recommended by the … |
| 20-6674 |
Tony Chevallier v. United States |
Fourth Circuit |
2020-12-21 |
Denied |
Response WaivedIFP |
criminal-acts criminal-procedure drug-trafficking due-process judicial-discretion jury-conviction sentencing-factors sentencing-guidelines statutory-range uncharged-conduct |
When are trial judges prohibited from considering as sentencing factors criminal acts that a defendant was neither charged nor convicted of? |
| 20-6335 |
Duane Allen Sikes v. United States |
Eleventh Circuit |
2020-11-16 |
Denied |
Response WaivedIFP |
criminal-sentencing due-process fifth-amendment preponderance-of-evidence sentencing sentencing-guidelines sixth-amendment uncharged-conduct |
Whether the Fifth and Sixth Amendments preclude a district court from increasing a defendant's sentence based on conduct, uncharged and unrelated to t… |
| 19-7978 |
Ramon Delgado, aka Ramon Delgado-Pina v. United States |
Ninth Circuit |
2020-03-12 |
Denied |
Response WaivedIFP |
administrative-law affection-influence civil-rights constitutional-vagueness criminal-procedure double-jeopardy due-process foreign-nationals foreign-relations security-clearance sentencing uncharged-conduct vagueness |
Was the security clearance questionnaire unconstitutionally vague? |
| 19-7336 |
Francisco Pena, Jr. v. United States |
Fifth Circuit |
2020-01-17 |
Denied |
Response WaivedIFP |
criminal-procedure due-process federal-courts federal-judge fifth-amendment judicial-discretion preponderance-of-evidence preponderance-of-the-evidence sentencing sixth-amendment uncharged-conduct |
Do the Fifth and Sixth Amendments prohibit a federal judge from imposing a sentence, based on a defendant's uncharged conduct found by the judge by a … |
| 19-6502 |
Cory Dale Fields v. United States |
Fifth Circuit |
2019-11-06 |
Denied |
IFP |
criminal-procedure due-process federal-district-court federal-sentencing grand-jury no-bill prior-conduct reliability reliability-of-evidence reliability-standard sentencing sentencing-considerations uncharged-conduct |
Is alleged prior uncharged conduct that had been no-billed by a Grand Jury sufficiently reliable for a federal district court to consider at sentencin… |
| 19-6284 |
Jose L. Cabrera-Cosme v. United States |
First Circuit |
2019-10-17 |
Denied |
Response WaivedRelisted (2)IFP |
acquitted-conduct due-process jury-trial mcmillin-v-pennsylvania sentencing sixth-amendment uncharged-conduct united-states-v-watts |
Whether a reasonable jurist could find debatable Petitioner's Sixth Amendment was violated |
| 19-6256 |
Jason Simon v. United States |
Fifth Circuit |
2019-10-11 |
Denied |
Response WaivedIFP |
acquitted-conduct due-process false-accusation habeas-corpus-relief judicial-discretion prejudice presentence-report sentencing sentencing-enhancement standard-of-proof statutory-maximum uncharged-conduct |
Did the lower courts err by relying on a false accusation listed in the PSR, that was verified as false, as the sole basis for not only imposing a sta… |
| 18-6896 |
Jeffrey S. Wingate v. United States |
Sixth Circuit |
2018-12-03 |
Denied |
Response WaivedIFP |
due-process fifth-amendment grand-jury ineffective-assistance ineffective-assistance-of-counsel presentment presentment-clause sentence-enhancement sentencing strickland strickland-standard uncharged-conduct |
Does a substantially greater sentence imposed based primarily on a count for which a grand jury refused to indict and which did not appear in a supers… |
| 18-6083 |
Jesus Manuel Laureano-Perez v. United States |
First Circuit |
2018-09-24 |
Denied |
Response WaivedIFP |
appeal appellate-review criminal-procedure district-court-discretion due-process government-prosecution plea-agreement sentencing sentencing-enhancement sentencing-guidelines standard-of-review uncharged-conduct |
Whether the district court erred in enhancing Laureano's sentence based on uncharged conduct |
| 18-6012 |
Lucious Wilson v. J. Soto, Warden |
Ninth Circuit |
2018-09-18 |
Denied |
Response WaivedIFP |
aedpa certificate-of-appealability constitutional-law darden-standard darden-v-wainwright due-process habeas habeas-corpus ninth-circuit non-unanimous-verdict prosecutorial-misconduct uncharged-conduct |
Is the Ninth Circuit's denial of a certificate of appealability (COA) on the claim that Wilson's conviction is unconstitutional due to prosecutorial m… |
| 18-5966 |
Joseph Faulkner v. United States |
Seventh Circuit |
2018-09-13 |
Denied |
Response WaivedIFP |
criminal-prosecution double-jeopardy fifth-amendment law-of-case-doctrine law-of-the-case prosecution sentencing sentencing-enhancement uncharged-conduct witte-v-united-states |
Whether the use of uncharged conduct to increase a sentence means the conduct was used to punish, and a subsequent prosecution for the same conduct sh… |
| 18-5686 |
Dwight Mundle v. United States |
Second Circuit |
2018-08-23 |
Denied |
Response WaivedIFP |
18-usc-875-c awareness-of-threat criminal-intent criminal-law due-process evidence evidence-sufficiency intent jury prejudicial-effect prior-conduct statutory-interpretation threatening-communication uncharged-conduct witness-testimony |
Was there enough or even any evidence to prove the conviction of transmitting a threatening communication, in violation of 18 U.S.C. § 875 (c) |
| 18-5390 |
Khalil Abu Rayyan v. United States |
Sixth Circuit |
2018-07-31 |
Denied |
Response WaivedIFP |
due-process fifth-amendment sentencing sentencing-guidelines sixth-amendment uncharged-conduct upward-variance |
Whether the district court violated Khalil Abu Rayyan's Fifth and Sixth Amendment rights by imposing an upward variance of almost three times the top … |