No. 23-5936

Hector Francisco Santos-Flores v. United States

Lower Court: Fifth Circuit
Docketed: 2023-11-01
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: burden-of-proof criminal-procedure defendant-rights due-process indictment jury-trial prior-conviction sentencing statutory-maximum
Latest Conference: 2023-12-08 (distributed 2 times)
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

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-09
DISTRIBUTED for Conference of 12/1/2023.
2023-11-07
Waiver of right of respondent United States to respond filed.
2023-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2023)

Attorneys

Hector Francisco Santos-Flores
Maria Gabriela VegaOffice of the Federal Public Defender, NDTX, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent