No. 19-6094

Andres Herrera-Segovia v. United States

Lower Court: Fifth Circuit
Docketed: 2019-09-27
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Immigration Privacy
Latest Conference: 2020-01-24
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

2020-01-27
Petition DENIED.
2020-01-09
DISTRIBUTED for Conference of 1/24/2020.
2020-01-09
Reply of petitioner Andres Herrera-Segovia filed. (Distributed)
2019-12-26
Brief of respondent United States in opposition filed.
2019-11-29
Motion to extend the time to file a response is granted and the time is further extended to and including December 26, 2019.
2019-11-27
Motion to extend the time to file a response from November 27, 2019 to December 26, 2019, submitted to The Clerk.
2019-10-23
Motion to extend the time to file a response is granted and the time is extended to and including November 27, 2019.
2019-10-22
Motion to extend the time to file a response from October 28, 2019 to November 27, 2019, submitted to The Clerk.
2019-09-25
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 28, 2019)

Attorneys

Andres Herrera-Segovia
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