No. 23-6402

Vidal Orellana-Sibrian v. United States

Lower Court: Fifth Circuit
Docketed: 2024-01-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum
Key Terms:
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)

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

2024-02-20
Petition DENIED.
2024-01-11
DISTRIBUTED for Conference of 2/16/2024.
2024-01-08
Waiver of right of respondent United States to respond filed.
2023-12-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 2, 2024)

Attorneys

United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Vidal Orellana-Sibrian
Kevin Joel PageFederal Public Defenders Office, Petitioner
Kevin Joel PageFederal Public Defenders Office, Petitioner