No. 20-5226

Jose Flores-Dominguez v. United States

Lower Court: Fifth Circuit
Docketed: 2020-07-30
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum
Latest Conference: 2020-09-29
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

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-04
Waiver of right of respondent United States of America to respond filed.
2020-07-27
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 31, 2020)

Attorneys

Jose Flores-Dominguez
Kevin Joel PageOffice of the Federal Public Defender, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent