enhanced-punishment

2 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
21-8076 Siva K. Durbesula v. United States Fourth Circuit 2022-06-07 Denied Response WaivedIFP constitutional-rights criminal-procedure enhanced-punishment enhanced-punishments judicial-fact-finding jury sixth-amendment special-assessment speedy-trial-act supervised-release Whether the Sixth Amendment requires a jury rather than a judge to determine facts which are used to apply enhanced punishments including the period o…
18-6205 Eliseo Guevara-Guevara v. United States Fifth Circuit 2018-10-03 Denied Response WaivedIFP alleyne-rule alleyne-v-united-states almendarez-torres almendarez-torres-v-united-states apprendi-rule apprendi-v-new-jersey criminal-procedure due-process enhanced-punishment immigration-law indictment judicial-precedent prior-conviction sentencing Whether a prior conviction must be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b)