No. 22-5977

Bonerge Benitez-Marquez v. United States

Lower Court: Fifth Circuit
Docketed: 2022-11-02
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Privacy
Latest Conference: 2022-12-02
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

2022-12-05
Petition DENIED.
2022-11-10
DISTRIBUTED for Conference of 12/2/2022.
2022-11-07
Waiver of right of respondent United States to respond filed.
2022-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2022)

Attorneys

Bonerge Benitez-Marquez
Kevin Joel Page — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent