No. 18-9321

Jesus Cornelio Dolmo-Alvarez v. United States

Lower Court: Fifth Circuit
Docketed: 2019-05-17
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure indictment jury-trial prior-conviction reasonable-doubt sentencing statutory-maximum
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2019-10-01
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 Jesus Cornelio Dolmo-Alvarez 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

2019-10-07
Petition DENIED.
2019-06-13
DISTRIBUTED for Conference of 10/1/2019.
2019-06-03
Waiver of right of respondent United States to respond filed.
2019-05-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

Jesus Cornelio Dolmo-Alvarez
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent