No. 20-5720

Martin Garcia-Moreno v. United States

Lower Court: Ninth Circuit
Docketed: 2020-09-16
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: constitutional-law criminal-procedure due-process elements-of-offense immigration-law jury-trial prior-conviction sentencing-factors sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Should the Court finally overrule Almendarez-Torres?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW In Almendarez-Torres v. United States, 523 U.S. 224 (1998), the Court held that in a prosecution for 8 U.S.C. § 1326, the fact of a prior conviction need not be alleged in the indictment because it was a sentencing factor and not an element of the offense. But Alleyne v. United States, 570 U.S. 99, 114-15 (2013), abandoned the distinction between “sentencing factors” and “elements,” and United States v. Haymond, 139 S. Ct. 2369, 2376 (2019), reaffirmed that “a jury must find beyond a reasonable doubt every fact which the law makes essential to [a] punishment that a judge might later seek to impose.” Should the Court finally overrule AlmendarezTorres? prefix PARTIES,

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-21
Waiver of right of respondent United States to respond filed.
2020-09-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 16, 2020)

Attorneys

Martin Garcia-Moreno
Vincent J. BrunkowFederal Defenders of San Diego, Petitioner
Vincent J. BrunkowFederal Defenders of San Diego, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent