No. 18-6042

Ronald Eric Ary v. United States

Lower Court: Fifth Circuit
Docketed: 2018-09-19
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-law criminal-procedure criminal-sentencing deferred-adjudication due-process indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum
Key Terms:
DueProcess
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Whether a Texas deferred adjudication qualifies as a prior conviction for sentencing enhancement

Question Presented (OCR Extract)

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

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent United States to respond filed.
2018-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2018)

Attorneys

Ronald Eric Ary
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent