No. 20-5653

Hermenegildo Margarito Espinoza Espinoza v. United States

Lower Court: Fifth Circuit
Docketed: 2020-09-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Immigration Privacy
Latest Conference: 2020-10-09
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)

QUESTION PRESENTED FOR REVIEW 1) 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? il

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-17
Waiver of right of respondent United States to respond filed.
2020-09-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2020)

Attorneys

Hermenegildo Espinoza
Amy R BlalockBlalock Law Firm, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent