No. 22-5004

Eduardo Pena-Garcia v. United States

Lower Court: Fifth Circuit
Docketed: 2022-06-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: almendarez-torres case-review constitutional-law criminal-procedure due-process fifth-circuit judicial-precedent jury-trial sentencing supreme-court supreme-court-review writ-of-certiorari
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Should the Court overrule Almendarez-Torres v. United States, 523 U.S. 244 (1998)? No. In the Supreme Court of the United States EDUARDO PENA-GARCIA, PETITIONER, V. UNITED STATES OF AMERICA, RESPONDENT PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Eduardo Pena-Garcia asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on March 30, 2022.

Docket Entries

2022-10-03
Petition DENIED.
2022-07-14
DISTRIBUTED for Conference of 9/28/2022.
2022-07-06
Waiver of right of respondent United States to respond filed.
2022-06-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2022)

Attorneys

Eduardo Pena-Garcia
Bradford Wayne BoganFederal Public Defender, Western District of Texas, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent