Supreme Court of the United States · Official docket →
Yobani Medina-Hernandez v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-11223 · judgment May 15, 2026
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
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 5, 2026 · Certiorari denied
Proceedings
- Oct 05 2026Petition DENIED.
- Aug 27 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 19 2026Waiver of right of respondent United States to respond filed.
- Aug 12 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2026)