variance
18 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-5914 | Martins Inalegwu v. United States | Third Circuit | 2025-10-20 | Pending | IFP | appellate-review criminal-procedure harmless-error judicial-discretion sentencing-error variance | Whether a district judge can render sentencing errors harmless by stating it would have imposed the same sentence regardless of any error, or by simpl… |
| 25-5328 | Ayana Saunders v. United States | Sixth Circuit | 2025-08-12 | Denied | Response WaivedIFP | constructive-amendment indictment sixth-circuit trial-procedure variance venue | Whether the Sixth Circuit Court of Appeals erred in finding that the proof at trial did not result in a Constructive Amendment or Variance from the In… |
| 24-7041 | Javier A. Rodriguez v. United States | Third Circuit | 2025-04-21 | Denied | Response WaivedIFP | criminal-sentencing district-court-discretion reasonableness-review sentencing-factors sentencing-guidelines variance | May the district court determine the extent of the appropriate variance without first correctly calculating the initial Guidelines range, and may the … |
| 23-7071 | Joseph Kelvin Aberant v. United States | Fourth Circuit | 2024-03-26 | Denied | Response WaivedIFP | abuse-of-discretion advanced-age age-consideration criminal-sentencing fourth-circuit-review incarceration medical-conditions sentencing sentencing-variance variance | Whether the Fourth Circuit erred by affirming the District Court's abuse of discretion by its failure to give Mr. Aberant a variance sentence and a sh… |
| 23-468 | Matthew Haney, as Trustee of the Gooseberry Island Trust v. Town of Mashpee, Massachusetts, et al. | First Circuit | 2023-11-02 | Denied | civil-procedure constitutional-property-rights due-process government-permit judicial-review prudential-ripeness ripeness standing takings takings-claim variance variance-request | Can the government evade adjudication of constitutional takings claims on prudential ripeness grounds—after it has twice definitively denied necessary… | |
| 21-6609 | Christopher Coffer v. United States | Sixth Circuit | 2021-12-14 | Denied | Response WaivedIFP | criminal-procedure criminal-sentencing defendant-health due-process health-issues judicial-discretion medical-disadvantage mitigation-factors sentencing sentencing-guidelines sentencing-variance variance | What is the extent of medical disadvantage that a defendant must present in order to secure a variance based on ill health? |
| 21-5868 | Ryan Russell Parks, aka Dinero v. United States | Fourth Circuit | 2021-10-04 | Denied | Response WaivedIFP | amendment constitutional-rights constructive-amendment criminal-procedure due-process fair-trial indictment ineffective-assistance post-conviction-relief variance | As the amended charge of 'SQ' (33) a constructive amendment? |
| 20-7468 | Aaron Feazell v. United States | District of Columbia | 2021-03-16 | Denied | Response WaivedIFP | civil-protection-order constructive-amendment criminal-procedure due-process fifth-amendment fundamental-fairness notice variance variance-doctrine | Whether there is sufficient evidence to satisfy Due Process and to convict the defendant for disobeying the hundred (100) yard provision of the order,… |
| 20-5053 | Deandre Lornell Brown v. United States | Ninth Circuit | 2020-07-15 | Denied | Response WaivedIFP | advisory-guidelines appellate-review criminal-sentencing departure judicial-discretion presumptively-reasonable procedural-error sentencing-guidelines variance variance-standard | Whether the district court's decision when imposing sentence improperly treated the sentencing guidelines |
| 19-8693 | Nathan Thomas Trujillo v. United States | Ninth Circuit | 2020-06-12 | Denied | Response WaivedIFP | abuse-of-discretion criminal-procedure criminal-sentencing district-court-procedure judicial-discretion kimbrough-v-united-states kimbrough-variance policy-grounds sentencing sentencing-guidelines variance | Whether the district court abused its discretion in sentencing |
| 19-8682 | Charles Ray Fulmer v. United States | Fifth Circuit | 2020-06-12 | Denied | Response WaivedIFP | criminal-procedure due-process judicial-review plea-agreement prosecutor prosecutorial-discretion sentencing upward-departure variance | Whether due process requires remand for specific performance of a plea agreement or, in the alternative, remand for determination of the full terms of… |
| 19-5955 | Dennis R. Heilman v. Randy Blades, Warden, et al. | Ninth Circuit | 2019-09-17 | Denied | Response WaivedIFP | aggravated-assault due-process fourteenth-amendment habeas-corpus ineffective-assistance jury-instructions rape variance | Does a variance between the Information charging aggravated assault and rape, and (a) a conviction on non-conforming evidence submitted at trial, and … |
| 19-5114 | Jovanny Rodriguez v. United States | Second Circuit | 2019-07-09 | Denied | Response WaivedIFP | alibi due-process evidence fifth-amendment indictment indictment-variance interstate-commerce jury-finding jury-instructions sixth-amendment supreme-court-precedent trial variance | Petitioner was convicted and sentenced without having an opportunity to establish an alibi due to a variance between the indictment and evidence at tr… |
| 18-9723 | Jennifer Cardenas v. United States | Second Circuit | 2019-06-19 | Denied | Response WaivedIFP | constructive-amendment due-process false-statements indictment indictment-specificity jury-instruction statutory-interpretation variance visa-fraud | Whether an indictment charging visa-fraud must specify the allegedly-false-statements and include factual-allegations to establish their-falsity |
| 18-9434 | Juan Carlos Rodriguez v. United States | Eleventh Circuit | 2019-05-29 | Denied | Response WaivedIFP | 404(b) 4th-amendment co-defendant-consent consent-search consent-to-search fourth-amendment jury-instructions prior-bad-acts prior-bad-acts-404(b) rule-404b search-and-seizure sentencing sentencing-variance standing-4th-amendment-search-and-seizure standing-to-suppress variance warrantless-search | Whether the trial and appellate court erred in adjudging that Petitioner had no standing to request suppression of evidence obtained from a warrantles… |
| 18-8675 | Joshua Sedillo v. United States | Tenth Circuit | 2019-04-05 | Denied | Response WaivedIFP | appellate-procedure appellate-review circuit-precedent criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance variance | Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with… |
| 18-8451 | Luciano Garcia v. United States | Tenth Circuit | 2019-03-18 | Denied | Response WaivedIFP | appellate-procedure appellate-review criminal-procedure criminal-sentencing district-court due-process gall-v-united-states judicial-review rita-v-united-states sentencing sentencing-guidelines sentencing-variance tenth-circuit variance | Is the Tenth Circuit precedent allowing a district court to say nothing when a reasonable request for a variance is made at sentencing consistent with… |
| 18-5464 | Jose Benitez, Jr. v. United States | Eleventh Circuit | 2018-08-03 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | armed-bank-robbery closing-argument constructive-amendment criminal-procedure due-process firearm firearm-specification indictment indictment-variance jury-instructions prosecutorial-discretion variance | Whether a constructive amendment occurred when the jury instructions and government's closing argument allowed conviction for armed bank robbery witho… |