No. 21-5240

Carlos Elias Cruz-Bermudez v. United States

Lower Court: Ninth Circuit
Docketed: 2021-07-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum
Key Terms:
Privacy
Latest Conference: 2021-09-27
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 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? prefix

Docket Entries

2021-10-04
Petition DENIED.
2021-08-12
DISTRIBUTED for Conference of 9/27/2021.
2021-08-10
Waiver of right of respondent United States to respond filed.
2021-07-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2021)

Attorneys

Carlos Cruz-Bermudez
Marisa ConroyLaw Office of Marisa L. D. Conroy, Petitioner
United States
Brian H. FletcherActing Solicitor General, Respondent