No. 25-5093
Hector Manuel Nunez-Cardenas v. United States
Response WaivedIFP
Tags: constitutional-rights criminal-procedure felony-conviction immigration-law jury-trial sentencing-enhancement
Latest Conference:
2025-09-29
Question Presented (from Petition)
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury beyond a reasonable doubt or admitted during a defendant's guilty plea.
Question Presented (AI Summary)
Whether the existence of a pre-removal felony conviction under 8 U.S.C. § 1326(b) is an element of an enhanced offense that must be proven to a jury beyond a reasonable doubt or admitted during a defendant's guilty plea
Docket Entries
2025-10-06
Petition DENIED.
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-08-04
Waiver of United States of right to respond submitted.
2025-08-04
Waiver of right of respondent United States to respond filed.
2025-07-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2025)
Attorneys
Hector Nunez-Cardenas
Jerry V. Beard — Law Office of Jerry V. Beard, Petitioner
United States
D. John Sauer — Solicitor General, Respondent
Moez Mansoor Kaba — Hueston Hennigan LLP, Respondent