No. 18-5474

Heriberto Garcia-Hernandez v. United States

Lower Court: Fifth Circuit
Docketed: 2018-08-07
Status: Denied
Type: IFP
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
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. BeardOffice of the Federal Public Defender, Petitioner
Jerry V. BeardOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent