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Hector Manuel Nunez-Cardenas v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-50293 · judgment April 14, 2025

Certiorari denied · October 6, 2025

Question presented

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. DIRECTLY RELATED PROCEEDINGS United States v. Nunez-Cardenas, No. 2:22-cr-00206-DC-1 (W.D. Tex. April 5, 2024) United States v. Nunez-Cardenas, No. 24-50293 (5th Cir. April 14, 2025)

Counsel of record

For petitioner
Jerry V. Beard
Law Office of Jerry V. Beard

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Aug 07 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Aug 04 2025
    Waiver of right of respondent United States to respond filed.
    Main Document
  4. Jul 09 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2025)
    Motion for Leave to Proceed in Forma PauperisPetitionAppendixProof of Service