No. 19-8815

Jose Armando Nunez-Lopez v. United States

Lower Court: Fifth Circuit
Docketed: 2020-06-25
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8-usc-1326 almendarez-torres apprendi criminal-procedure due-process sentencing
Latest Conference: 2020-09-29
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 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)

Docket Entries

2020-10-05
Petition DENIED.
2020-07-09
DISTRIBUTED for Conference of 9/29/2020.
2020-06-30
Waiver of right of respondent United States to respond filed.
2020-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2020)

Attorneys

Jose Armando Nunez-Lopez
Laura G. GreenbergFederal Public Defender's Office, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent