No. 22-6983

Bernardino Berrun-Torres v. United States

Lower Court: Fifth Circuit
Docketed: 2023-03-10
Status: Denied
Type: IFP
IFP 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: 2023-06-08
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)

QUESTION PRESENTED 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

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-05-10
Memorandum of respondent United States filed.
2023-04-06
Motion to extend the time to file a response is granted and the time is extended to and including May 10, 2023.
2023-04-05
Motion to extend the time to file a response from April 10, 2023 to May 10, 2023, submitted to The Clerk.
2023-03-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2023)

Attorneys

Bernardino Berrun-Torres
Kevin Joel Page — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent