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
Latest Conference: 2020-04-24
Question Presented (from Petition)

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 (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?

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
United States of America
Noel J. FranciscoSolicitor General, Respondent