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Omar Alonso Pazos-Montes v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-10198 · judgment July 29, 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. Pazos-Montes, No. 3:23-cr-00308-S-(01) (N.D. Tex. Jan. 8, 2025) United States v. Pazos-Montes, No. 24-50293 (5th Cir. July 29, 2025)

Counsel of record

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

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 6, 2025 · Certiorari denied

Proceedings

Oct 06 2025
Petition DENIED.
Aug 28 2025
DISTRIBUTED for Conference of 9/29/2025.
Aug 21 2025
Waiver of right of respondent United States to respond filed.
Main Document
Aug 11 2025
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 15, 2025)
Motion for Leave to Proceed in Forma Pauperis Petition Appendix Proof of Service