No. 21-7191

Rosa Leija-Peralta v. United States

Lower Court: Fifth Circuit
Docketed: 2022-02-24
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure indictment jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Privacy
Latest Conference: 2022-03-18
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? i

Docket Entries

2022-03-21
Petition DENIED.
2022-03-03
DISTRIBUTED for Conference of 3/18/2022.
2022-02-28
Waiver of right of respondent United States of America to respond filed.
2022-02-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 28, 2022)

Attorneys

Rosa Leija-Peralta
Brandon Elliott BeckFederal Public Defender's Office, NDTX, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent