No. 21-7293

Jose Rodriguez-Vasquez v. United States

Lower Court: Fifth Circuit
Docketed: 2022-03-07
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure due-process indictment jury-trial prior-conviction prior-convictions sentencing statutory-maximum
Latest Conference: 2022-04-01
Question Presented (from Petition)

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

2022-04-04
Petition DENIED.
2022-03-17
DISTRIBUTED for Conference of 4/1/2022.
2022-03-09
Waiver of right of respondent United States to respond filed.
2022-03-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 6, 2022)

Attorneys

Jose Rodriguez-Vasquez
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent