No. 18-6042
Ronald Eric Ary v. United States
Tags: criminal-law criminal-procedure criminal-sentencing deferred-adjudication due-process indictment jury-trial prior-conviction sentencing sentencing-enhancement statutory-maximum
Key Terms:
DueProcess
DueProcess
Latest Conference:
2018-10-12
Question Presented (from Petition)
I. Whether this Court should grant review to determine whether a Texas deferred adjudication can qualify as a "prior conviction" for the purposes of the sentencing enhancement in 18 U.S.C. ยง 2252(b)(1)?
II. Whether all facts โ including the fact of a prior conviction โ 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 (AI Summary)
Whether a Texas deferred adjudication qualifies as a prior conviction for sentencing enhancement
Docket Entries
2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Waiver of right of respondent United States to respond filed.
2018-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2018)
Attorneys
Ronald Eric Ary
Christopher A. Curtis — Federal Public Defender's Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent