No. 19-7322

Gerardo Sanchez-Miranda v. United States

Lower Court: Fifth Circuit
Docketed: 2020-01-21
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: criminal-procedure due-process indictment jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
CriminalProcedure Privacy
Latest Conference: 2020-04-24
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 I. 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? ii PARTIES Gerardo Sanchez-Miranda is the Petitioner; he was the defendant-appellant below. The United States of America is the Respondent; it was the plaintiffappellee below. iii

Docket Entries

2020-04-27
Petition DENIED.
2020-04-09
DISTRIBUTED for Conference of 4/24/2020.
2020-03-23
Memorandum of respondent United States of America filed.
2020-02-13
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2020.
2020-02-12
Motion to extend the time to file a response from February 20, 2020 to March 23, 2020, submitted to The Clerk.
2020-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 20, 2020)

Attorneys

Gerardo Sanchez-Miranda
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent