No. 18-8436

David Fehr Harder v. United States

Lower Court: Fifth Circuit
Docketed: 2019-03-14
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Privacy
Latest Conference: 2019-04-12
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 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? ii PARTIES David Fehr Harder is the Petitioner; he was the defendant-appellant below. The United States of America is the Respondent; it was the plaintiffappellee below. iii

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-22
Waiver of right of respondent United States of America to respond filed.
2019-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 15, 2019)

Attorneys

David Fehr Harder
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent