No. 22-7016
Guadalupe Onate-Herrera v. United States
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum
Key Terms:
Privacy
Privacy
Latest Conference:
2023-06-15
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
2023-06-20
Petition DENIED.
2023-05-31
DISTRIBUTED for Conference of 6/15/2023.
2023-05-25
Reply of petitioner Guadalupe Onate-Herrera filed.
2023-05-15
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 15, 2023.
2023-04-05
Motion to extend the time to file a response from April 14, 2023 to May 15, 2023, submitted to The Clerk.
2023-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 14, 2023)
Attorneys
Guadalupe Onate-Herrera
Adam Ryan Nicholson — Office of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent