No. 18-6205

Eliseo Guevara-Guevara v. United States

Lower Court: Fifth Circuit
Docketed: 2018-10-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: alleyne-rule alleyne-v-united-states almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure due-process enhanced-punishment immigration-law indictment judicial-precedent prior-conviction sentencing
Key Terms:
DueProcess
Latest Conference: 2018-11-02
Question Presented (AI Summary)

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 (from Petition)

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.

Docket Entries

2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-11
Waiver of right of respondent United States to respond filed.
2018-09-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2018)

Attorneys

Eliseo Guevara-Guevara
Kristin Michelle KimmelmanFederal Public Defender's Office, Petitioner
Kristin Michelle KimmelmanFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent