Ronald Eric Ary v. United States
DueProcess
Whether a Texas deferred adjudication qualifies as a prior conviction for sentencing enhancement
QUESTIONS PRESENTED I. Whether this Court should grant review to determine whether a Texas deferred adjudication can qualify as a “prior conviction” for the purposes of the sentencing enhancement in 18 U.S.C. § 2252(b)(1)? 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? il PARTIES Ronald Eric Ary is the petitioner; he was the defendant-appellant below. The United States of America is the respondent; it was the plaintiff-appellee below. ili