No. 23-6410
Pedro Pena-Talamantes v. United States
Tags: criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum
Key Terms:
Privacy
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.
2023-12-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 5, 2024)
Attorneys
Pedro Pena-Talamantes
Kevin Joel Page — Federal Public Defenders Office, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent