No. 23-5062

Alfredo Martinez-Rubio v. United States

Lower Court: Fifth Circuit
Docketed: 2023-07-10
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: 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)

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

2023-10-02
Petition DENIED.
2023-07-20
DISTRIBUTED for Conference of 9/26/2023.
2023-07-12
Waiver of right of respondent United States to respond filed.
2023-07-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 9, 2023)

Attorneys

Alfredo Martinez-Rubio
Kevin Joel Page — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent