No. 18-5073
Victor Armando Cruz-Colocho v. United States
Response WaivedIFP
Tags: almendarez-torres apprendi apprendi-rule criminal-procedure due-process prior-conviction recidivism sentencing sentencing-enhancement sixth-amendment
Key Terms:
Environmental SocialSecurity Securities Immigration
Environmental SocialSecurity Securities Immigration
Latest Conference:
2018-09-24
Question Presented (from Petition)
1. Should the Court consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi v. New Jersey, 530 U.S. 466 (2000)?
2. Must a prior conviction be alleged in the indictment before a defendant is subjected to enhanced punishment under 8 U.S.C. § 1326(b)?
Question Presented (AI Summary)
Should the Court consider the continuing validity of Almendarez-Torres v. United States, 523 U.S. 244 (1998), in light of the reasoning of Apprendi v. New Jersey, 530 U.S. 466 (2000)?
Docket Entries
2018-10-01
Petition DENIED.
2018-07-19
DISTRIBUTED for Conference of 9/24/2018.
2018-07-12
Waiver of right of respondent United States to respond filed.
2018-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 1, 2018)
Attorneys
United States
Noel J. Francisco — Solicitor General, Respondent
Victor Cruz-Colocho
Laura G. Greenberg — Federal Public Defender's Office, Petitioner