No. 24-5862

Ismael Hernandez-Hernandez v. United States

Lower Court: Fifth Circuit
Docketed: 2024-10-31
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure indictment jury-trial prior-conviction statutory-maximum
Key Terms:
Immigration Privacy
Latest Conference: 2024-11-22
Question Presented (AI Summary)

Whether all facts that increase a defendant's statutory maximum must be pleaded in the indictment and proven to a jury beyond a reasonable doubt

Question Presented (OCR Extract)

QUESTIONS PRESENTED L 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

2024-11-25
Petition DENIED.
2024-11-07
DISTRIBUTED for Conference of 11/22/2024.
2024-11-04
Waiver of United States of right to respond submitted.
2024-11-04
Waiver of right of respondent United States to respond filed.
2024-10-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 2, 2024)

Attorneys

Ismael Hernandez-Hernandez
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent