No. 23-6936

Jose Eulalio Aguillen-Servin v. United States

Lower Court: Fifth Circuit
Docketed: 2024-03-08
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: 2024-04-12
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

2024-04-15
Petition DENIED.
2024-03-21
DISTRIBUTED for Conference of 4/12/2024.
2024-03-13
Waiver of right of respondent United States to respond filed.
2024-03-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 8, 2024)

Attorneys

Jose Aguillen-Servin
Maria Gabriela VegaOffice of the Federal Public Defender, NDTX, Petitioner
Maria Gabriela VegaOffice of the Federal Public Defender, NDTX, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent