No. 23-5264
Julio Cesar De La Rosa-De La Cerda v. United States
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum
Key Terms:
Immigration Privacy
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.
2023-08-10
DISTRIBUTED for Conference of 9/26/2023.
2023-08-04
Waiver of right of respondent United States to respond filed.
2023-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2023)
Attorneys
Julio De La Rosa-De La Cerda
Adam Ryan Nicholson — Office of the Federal Public Defender, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent