No. 22-6372

Jose Felipe Cardenas-Ramirez v. United States

Lower Court: Fifth Circuit
Docketed: 2022-12-21
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum
Latest Conference: 2023-02-17
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

2023-02-21
Petition DENIED.
2023-01-12
DISTRIBUTED for Conference of 2/17/2023.
2023-01-09
Waiver of right of respondent United States to respond filed.
2022-12-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 20, 2023)

Attorneys

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