No. 21-6568

Manuel Nunez-Gonzalez v. United States

Lower Court: Fifth Circuit
Docketed: 2021-12-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure due-process jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Immigration Privacy
Latest Conference: 2022-01-07
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 L 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. Whether substantive reasonableness review necessarily encompasses some degree of reweighing the sentencing factors? i

Docket Entries

2022-01-10
Petition DENIED.
2021-12-23
DISTRIBUTED for Conference of 1/7/2022.
2021-12-17
Waiver of right of respondent United States to respond filed.
2021-12-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 10, 2022)

Attorneys

Manuel Nunez-Gonzalez
Christopher A. CurtisFederal Public Defender's Office, Petitioner
Christopher A. CurtisFederal Public Defender's Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent