No. 23-6176

Faustino Garcia-Sanchez, aka Miguel Garcia-Sanchez, aka Miguel Zamora-Sanchez v. United States

Lower Court: Fifth Circuit
Docketed: 2023-12-06
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: burden-of-proof criminal-procedure defendant-rights indictment jury-trial prior-conviction sentencing statutory-maximum
Latest Conference: 2024-01-05
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

2024-01-08
Petition DENIED.
2023-12-14
DISTRIBUTED for Conference of 1/5/2024.
2023-12-11
Waiver of right of respondent United States to respond filed.
2023-12-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 5, 2024)

Attorneys

Faustino Garcia-Sanchez
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent