No. 19-6042

Gerardo Tajonar Cortes v. United States

Lower Court: Fifth Circuit
Docketed: 2019-09-25
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-02-21 (distributed 2 times)
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 IL 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

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2019-10-18
Rescheduled.
2019-10-10
DISTRIBUTED for Conference of 11/1/2019.
2019-10-02
Waiver of right of respondent United States to respond filed.
2019-09-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2019)

Attorneys

Gerardo Tajonar Cortes
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent