No. 21-7549

Ernesto Palacios-Martinez v. United States

Lower Court: Fifth Circuit
Docketed: 2022-04-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: apprendi-v-new-jersey constitutional-law criminal-procedure immigration-law indictment sentencing sentencing-enhancement sixth-amendment statutory-interpretation statutory-maximum
Key Terms:
Immigration
Latest Conference: 2022-04-29
Question Presented (AI Summary)

Whether Almendarez-Torres v. United States was wrongly decided

Question Presented (OCR Extract)

QUESTION PRESENTED Whether Almendarez-Torres v. United States, 523 U.S. 224 (1998) was wrongly decided, allowing for the provisions of 8 U.S.C. § 1326(b)(1) and (2) dealing with “felony” and “aggravated felony” to increase the statutory maximum sentence from two years to twenty years, even if the aggravating factors are not pleaded in the indictment nor proven by a jury beyond a reasonable doubt, in violation of Supreme Court precedent Apprendi v. New Jersey and the Sixth Amendment of the U.S. Constitution? i

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-08
Waiver of right of respondent United State of America to respond filed.
2022-03-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2022)

Attorneys

Ernesto Palacios-Martinez
Roberto BalliRoberto Balli, Petitioner
United State of America
Elizabeth B. PrelogarSolicitor General, Respondent