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Pedro Delgado-Ramirez v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-10993 · judgment April 6, 2026


Pending

Question presented

The Sixth Amendment guarantees the right “to be informed of the nature and cause of the accusation.” U.S. Const. amend. VI. “[F]act[s] that increase[] the penalty for a crime beyond the prescribed statutory maximum”—except for prior convictions—“must be submitted to a jury, and proved beyond a reasonable doubt.” Apprendi v. New Jersey, 530 U.S. 466, 488–90 & n.15 (2000). Apprendi grounded its rule in history and tradition but relied on precedent—Almendarez-Torres v. United States—for the exception. See id. at 477–83, 487–90 (citing Almendarez-Torres v. United States, 523 U.S. 224 (1998)). Can Almendarez-Torres be reconciled with the Sixth Amendment’s history and tradition; and if not, should this Court overrule it?

Counsel of record

For petitioner
Maria Gabriela Vega
Office of the Federal Public Defender, NDTX

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 30 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 24 2026
    Waiver of right of respondent United States to respond filed.
  3. Jul 06 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2026)