No. 25-5093

Hector Manuel Nunez-Cardenas v. United States

Lower Court: Fifth Circuit
Docketed: 2025-07-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: constitutional-rights criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement
Key Terms:
Securities JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury beyond a reasonable doubt or admitted during a defendant's guilty plea

Question Presented (from Petition)

Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury beyond a reasonable doubt or admitted during a defendant’s guilty plea. DIRECTLY

Docket Entries

2025-10-06
Petition DENIED.
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-08-04
Waiver of United States of right to respond submitted.
2025-08-04
Waiver of right of respondent United States to respond filed.
2025-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2025)

Attorneys

Hector Nunez-Cardenas
Jerry V. BeardLaw Office of Jerry V. Beard, Petitioner
Jerry V. BeardLaw Office of Jerry V. Beard, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent