No. 22-7377

Jose Isabel Mora-Rodriguez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-04-26
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-convictions sentencing statutory-maximum
Latest Conference: 2023-09-26
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

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-06-26
Memorandum of respondent United States in opposition filed.
2023-05-22
Motion to extend the time to file a response is granted and the time is extended to and including June 26, 2023.
2023-05-19
Motion to extend the time to file a response from May 26, 2023 to June 26, 2023, submitted to The Clerk.
2023-04-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 26, 2023)

Attorneys

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