No. 19-7548
Rudy Orlando Cabrera v. United States
Response WaivedIFP
Tags: 8-usc-1326 Apprendi-v-New-Jersey criminal-procedure due-process indictment prior-conviction sentencing sentencing-enhancement
Latest Conference:
2020-03-20
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
2020-03-23
Petition DENIED.
2020-02-27
DISTRIBUTED for Conference of 3/20/2020.
2020-02-25
Waiver of right of respondent United States to respond filed.
2020-01-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 5, 2020)
Attorneys
Rudy Cabrera
Laura G. Greenberg — Federal Public Defender's Office, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent