No. 18-5073

Victor Armando Cruz-Colocho v. United States

Lower Court: Fifth Circuit
Docketed: 2018-07-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: almendarez-torres apprendi apprendi-rule criminal-procedure due-process prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Should the Court consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi v. New Jersey, 530 U.S. 466 (2000)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Should the Court consider the continuing validity of AlmendarezTorres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi v. New Jersey, 530 U.S. 466 (2000)? 2. Must a prior conviction be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b)? No. _ In the Supreme Court of the United States October Term, 2017 VICTOR ARMANDO CRUZ-COLOCHO, PETITIONER, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Victor Armando Cruz-Colocho asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on March 29, 2018.

Docket Entries

2018-10-01
Petition DENIED.
2018-07-19
DISTRIBUTED for Conference of 9/24/2018.
2018-07-12
Waiver of right of respondent United States to respond filed.
2018-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2018)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Victor Cruz-Colocho
Laura G. GreenbergFederal Public Defender's Office, Petitioner
Laura G. GreenbergFederal Public Defender's Office, Petitioner