No. 22-5575

Ronald Mickel v. United States

Lower Court: Sixth Circuit
Docketed: 2022-09-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure domestic-violence due-process indictment sentencing sentencing-enhancement statutory-maximum statutory-minimum violent-felony
Key Terms:
AdministrativeLaw DueProcess
Latest Conference: 2022-10-07
Question Presented (AI Summary)

Whether facts increasing statutory maximum must be pleaded and proven

Question Presented (OCR Extract)

QUESTIONS PRESENTED I. 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? II. Whether due process is violated when the defendant is indicted for, and convicted of, an offense that carries a statutory range of zero to ten years, and at sentencing the government seeks to apply enhanced statutory penalties that impose a fifteen-year mandatory minimum sentence? III. Whether Ohio’s domestic violence statute, which criminalizes both physical and nonphysical acts, is a violent felony under 18 U.S.C. § 924(e)?

Docket Entries

2022-10-11
Petition DENIED.
2022-09-22
DISTRIBUTED for Conference of 10/7/2022.
2022-09-20
Waiver of right of respondent United States to respond filed.
2022-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2022)
2022-07-11
Application (22A16) granted by Justice Kavanaugh extending the time to file until September 10, 2022.
2022-06-28
Application (22A16) to extend the time to file a petition for a writ of certiorari from July 12, 2022 to September 10, 2022, submitted to Justice Kavanaugh.

Attorneys

Ronald Mickel
Jeffrey Brian LazarusOffice of the Federal Public Defender, Petitioner
Jeffrey Brian LazarusOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent