No. 25-7222

Jose Inez Molina-Moncivais v. United States

Lower Court: Fifth Circuit
Docketed: 2026-04-17
Status: Pending
Type: IFP
IFP Experienced Counsel
Tags: apprendi-doctrine indictment-requirement prior-conviction reasonable-doubt sentencing-enhancement sixth-amendment
Latest Conference: N/A
Question Presented (from Petition)

I. 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

2026-04-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 18, 2026)

Attorneys

Jose Molina-Moncivais
Adam Ryan NicholsonOffice of the Federal Public Defender, Petitioner
United States
D. John SauerSolicitor General, Respondent