No. 18-7307

Yoni Rayo-Espinoza v. United States

Lower Court: Fifth Circuit
Docketed: 2019-01-09
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum
Key Terms:
Privacy
Latest Conference: 2019-02-15
Question Presented (from Petition)

I. 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?

Question Presented (AI Summary)

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?

Docket Entries

2019-02-19
Petition DENIED.
2019-01-24
DISTRIBUTED for Conference of 2/15/2019.
2019-01-17
Waiver of right of respondent United States of America to respond filed.
2019-01-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2019)

Attorneys

United States of America
Noel J. FranciscoSolicitor General, Respondent
Yoni Rayo-Espinoza
Kevin Joel PageOffice of the Federal Public Defender, Petitioner