No. 19-6199

Emeterio Espino Ramirez v. United States

Lower Court: Fifth Circuit
Docketed: 2019-10-09
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Immigration Privacy
Latest Conference: 2020-02-21
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

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Reply of petitioner Emeterio Espino Ramirez filed. (Distributed)
2020-01-08
Brief of respondent United States of America in opposition filed.
2019-12-05
Motion to extend the time to file a response is granted and the time is further extended to and including January 8, 2020.
2019-12-04
Motion to extend the time to file a response from December 9, 2019 to January 8, 2020, submitted to The Clerk.
2019-11-04
Motion to extend the time to file a response is granted and the time is extended to and including December 9, 2019.
2019-10-31
Motion to extend the time to file a response from November 8, 2019 to December 9, 2019, submitted to The Clerk.
2019-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 8, 2019)

Attorneys

Emeterio Espino Ramirez
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent