Eliseo Guevara-Guevara v. United States
DueProcess
Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b)
QUESTION PRESENTED FOR REVIEW Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b), thereby overturning Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi v. New Jersey, 5380 U.S. 466 (2000), and Alleyne v. United States, 570 U.S. 99 (2013). No. _ In the Supreme Court of the United States October Term, 2018 ELISEO GUEVARA-GUEVARA, PETITIONER, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Eliseo Guevara-Guevara asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on July 2, 2018.