No. 18-5317

Jose Villanueva-Cardenas v. United States

Lower Court: Fifth Circuit
Docketed: 2018-07-23
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-conviction-enhancement sentencing statutory-maximum
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether all facts - including the fact of a prior conviction - that increase a defendant's statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW I. Whether all facts — including the fact of a prior conviction — that increase a defendant’s statutory maximum must be pleaded in the indictment and either admitted by the defendant or proven to a jury beyond a reasonable doubt? ii PARTIES Jose Villanueva-Cardenas is the petitioner, who was the defendant-appellant below. The United States of America is the respondent, who was the plaintiff-appellee below. iii

Docket Entries

2018-10-01
Petition DENIED.
2018-08-02
DISTRIBUTED for Conference of 9/24/2018.
2018-07-30
Waiver of right of respondent United States to respond filed.
2018-07-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 22, 2018)

Attorneys

Jose Villanueva-Cardenas
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent