No. 23-7146

Antonio Ochoa-Leyva v. United States

Lower Court: Fifth Circuit
Docketed: 2024-04-05
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: 2024-05-09
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

2024-05-13
Petition DENIED.
2024-04-18
DISTRIBUTED for Conference of 5/9/2024.
2024-04-10
Waiver of right of respondent United States to respond filed.
2024-04-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 6, 2024)

Attorneys

Antonio Ochoa-Leyva
Kevin Joel PageFederal Public Defenders Office, Petitioner
Kevin Joel PageFederal Public Defenders Office, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent