No. 18-6770

David Nino-Flores v. United States

Lower Court: Fifth Circuit
Docketed: 2018-11-21
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Privacy
Latest Conference: 2019-01-04
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)

QUESTIONS PRESENTED L 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? i

Docket Entries

2019-01-07
Petition DENIED.
2018-12-06
DISTRIBUTED for Conference of 1/4/2019.
2018-12-03
Waiver of right of respondent United States to respond filed.
2018-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2018)

Attorneys

David Nino-Flores
Brandon Elliott BeckFederal Public Defender's Office, Northern District of Texas, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent