No. 18-8964

Artemio Miranda-Manuel v. United States

Lower Court: Fifth Circuit
Docketed: 2019-04-23
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8-usc-1326 almendarez-torres apprendi criminal-procedure due-process immigration indictment prior-conviction sentencing
Latest Conference: 2019-05-23
Question Presented (from Petition)

1. Whether this Court should 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. 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).

Question Presented (AI Summary)

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)

Docket Entries

2019-05-28
Petition DENIED.
2019-05-08
DISTRIBUTED for Conference of 5/23/2019.
2019-05-03
Waiver of right of respondent United States to respond filed.
2019-04-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 23, 2019)

Attorneys

Artemio Miranda-Manuel
Laura G. GreenbergFederal Public Defender's Office, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent