No. 23-6081

Jacobo Fuentes-Salgado v. United States

Lower Court: Fifth Circuit
Docketed: 2023-11-21
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum
Key Terms:
Privacy
Latest Conference: 2024-01-05
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

2024-01-08
Petition DENIED.
2023-12-07
DISTRIBUTED for Conference of 1/5/2024.
2023-12-01
Waiver of right of respondent United States of America to respond filed.
2023-11-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 21, 2023)

Attorneys

Jacobo Fuentes-Salgado
Maria Gabriela VegaOffice of the Federal Public Defender, NDTX, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent