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Hilario Corona Botello v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-10828 · judgment March 12, 2026


Pending

Question presented

If an alien reenters the United States without permission after removal, he faces up to two years in prison and one year on supervised release. 8 U.S.C. § 1326(a). If, however, the alien’s removal followed a felony conviction, that fact raises the maximum punishment to ten years in prison and three years on supervised release. 8 U.S.C. § 1326(b)(1). Is the existence of a pre-removal felony conviction an element of an enhanced offense that must be alleged in the indictment and either proven to a jury beyond a reasonable doubt or admitted during a defendant’s guilty plea?

Counsel of record

For petitioner
James Matthew Wright
Office of the Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 25 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jun 18 2026
    Waiver of right of respondent United States to respond filed.
  3. Jun 10 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2026)