No. 23-7707

Martin Ochoa-Perez v. United States

Lower Court: Fifth Circuit
Docketed: 2024-06-13
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: almendarez-torres apprendi-rule apprendi-v-new-jersey common-law-history criminal-sentencing notice-clause prior-conviction-exception recidivism sixth-amendment sixth-amendment-notice-clause
Key Terms:
Securities
Latest Conference: 2024-09-30
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

2024-10-07
Petition DENIED.
2024-06-27
DISTRIBUTED for Conference of 9/30/2024.
2024-06-21
Waiver of United States of right to respond submitted.
2024-06-21
Waiver of right of respondent United States to respond filed.
2024-06-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2024)

Attorneys

Martin Ochoa-Perez
Taylor Wills Edwards BrownFederal Public Defender, N.D. Tex. , Petitioner
United States
Elizabeth B. Prelogar — Respondent