No. 25-5365

Omar Alonso Pazos-Montes v. United States

Lower Court: Fifth Circuit
Docketed: 2025-08-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process 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.
2025-08-28
DISTRIBUTED for Conference of 9/29/2025.
2025-08-21
Waiver of United States of right to respond submitted.
2025-08-21
Waiver of right of respondent United States to respond filed.
2025-08-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2025)

Attorneys

Omar Pazos-Montes
Jerry V. BeardLaw Office of Jerry V. Beard, Petitioner
United States
D. John SauerSolicitor General, Respondent