No. 22-7837

Carlos Delgado-Adame v. United States

Lower Court: Fifth Circuit
Docketed: 2023-06-21
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: almendarez-torres apprendi apprendi-v-new-jersey historical-practices notice-clause prior-conviction prior-conviction-exception recidivism-enhancement sixth-amendment
Key Terms:
Securities
Latest Conference: 2023-09-26
Question Presented (from Petition)

Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical practices it codified.

Whether, in light of the historical record, Almendarez-Torres should be overruled.

Question Presented (AI Summary)

Whether the prior-conviction exception from Almendarez-Torres can be squared with the text of the Sixth Amendment's Notice Clause and the historical practices it codified

Docket Entries

2023-10-02
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 9/26/2023.
2023-06-27
Waiver of right of respondent United States to respond filed.
2023-06-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 21, 2023)

Attorneys

Carlos Delgado-Adame
Taylor Wills Edwards BrownFederal Public Defender, N.D. Tex., Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent