No. 19-6290

Servando Pineda-Castellanos v. United States

Lower Court: Fifth Circuit
Docketed: 2019-10-17
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:
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.
2020-02-06
DISTRIBUTED for Conference of 2/21/2020.
2020-01-28
Reply of petitioner Servando Pineda-Castellanos filed.
2020-01-17
Brief of respondent United States in opposition filed.
2019-12-19
Motion to extend the time to file a response is granted and the time is further extended to and including January 17, 2020.
2019-12-18
Motion to extend the time to file a response from December 18, 2019 to January 17, 2020, submitted to The Clerk.
2019-11-14
Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2019.
2019-11-13
Motion to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
2019-10-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 18, 2019)

Attorneys

Servando Pineda-Castellanos
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