No. 18-5474
Heriberto Garcia-Hernandez v. United States
Response WaivedIFP
Tags: criminal-procedure due-process indictment jury-trial prior-conviction reasonable-doubt sentencing sentencing-enhancement sixth-amendment statutory-maximum
Key Terms:
Environmental SocialSecurity Securities Immigration
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 Whether all facts — including the fact of a prior conviction — that increase adefendant’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 Heriberto Garcia-Hernandez 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.
2018-08-23
DISTRIBUTED for Conference of 9/24/2018.
2018-08-14
Waiver of right of respondent United States to respond filed.
2018-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2018)
Attorneys
Heriberto Garcia-Hernandez
Jerry V. Beard — Office of the Federal Public Defender, Petitioner
Jerry V. Beard — Office of the Federal Public Defender, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent