No. 18-7307

Yoni Rayo-Espinoza v. United States

Lower Court: Fifth Circuit
Docketed: 2019-01-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Privacy
Latest Conference: 2019-02-15
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

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-17
Waiver of right of respondent United States of America to respond filed.
2019-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2019)

Attorneys

United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Yoni Rayo-Espinoza
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
Kevin Joel PageOffice of the Federal Public Defender, Petitioner