No. 23-6978

Jose Salome Gallardo Granados v. United States

Lower Court: Fifth Circuit
Docketed: 2024-03-13
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: 2024-04-12
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.
2024-03-18
Waiver of right of respondent United States to respond filed.
2024-03-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 12, 2024)

Attorneys

Jose Gallardo Granados
Christy Posnett MartinFederal Public Defender-Northern District of Texas, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent