No. 23-6385

Alfonso Garcia-Vela v. United States

Lower Court: Fifth Circuit
Docketed: 2023-12-28
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: almendarez-torres burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum
Key Terms:
Immigration Privacy
Latest Conference: 2024-02-16
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

2024-02-20
Petition DENIED.
2024-02-01
DISTRIBUTED for Conference of 2/16/2024.
2024-01-26
Waiver of right of respondent United States of America to respond filed.
2023-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2024)

Attorneys

Alfonso Garcia-Vela
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent