No. 22-7377

Jose Isabel Mora-Rodriguez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-04-26
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum
Key Terms:
Immigration Privacy
Latest Conference: 2023-09-26
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

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-06-26
Memorandum of respondent United States in opposition filed.
2023-05-22
Motion to extend the time to file a response is granted and the time is extended to and including June 26, 2023.
2023-05-19
Motion to extend the time to file a response from May 26, 2023 to June 26, 2023, submitted to The Clerk.
2023-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2023)

Attorneys

Jose Isabel Mora-Rodriguez
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent