No. 19-6795

Abraham Conde-Herrera v. United States

Lower Court: Fifth Circuit
Docketed: 2019-12-02
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights indictment jury-determination jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Immigration Privacy
Latest Conference: 2020-03-06
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

2020-03-09
Petition DENIED.
2020-02-20
DISTRIBUTED for Conference of 3/6/2020.
2020-02-20
Reply of petitioner Abraham Conde-Herrera filed. (Distributed)
2020-02-03
Brief of respondent United States in opposition filed.
2019-12-20
Motion to extend the time to file a response is granted and the time is extended to and including February 3, 2020.
2019-12-19
Motion to extend the time to file a response from January 2, 2020 to February 3, 2020, submitted to The Clerk.
2019-11-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 2, 2020)

Attorneys

Abraham Conde-Herrera
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