Supreme Court of the United States · Official docket →
Arkadiy Bangiyev v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-6814 · judgment January 30, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In McCoy v. Louisiana, 138 S.Ct. 1500 (2018), this Court held that trial counsel may not concede the defendant’s guilt over the defendant’s objection. In petitioner’s case, defense counsel conceded applicability of a sentencing guideline enhancement despite petitioner’s having specifically negotiated for the right to object to the enhancement as part of his plea bargain and despite the absence of evidence to support the enhancement. Did the court of appeals err in denying petitioner’s motion for a certificate of appealability to review the denial of an evidentiary hearing on petitioner’s 28 U.S.C. § 2255 claim that counsel improperly stipulated to a severe increase in punishment? (i)
Counsel of record
For petitioner
Richard C. Klugh Jr.
For respondent
Noel John Francisco
Jones Day
Proceedings
- Oct 01 2018Petition DENIED.
- Jul 18 2018DISTRIBUTED for Conference of 9/24/2018.
- Jul 10 2018Waiver of right of respondent United States to respond filed.
- Jun 29 2018Petition for a writ of certiorari filed. (Response due August 2, 2018)
- May 22 2018Application (17A1166) granted by The Chief Justice extending the time to file until June 29, 2018.
- May 17 2018Application (17A1166) to extend further the time from May 30, 2018 to June 29, 2018, submitted to The Chief Justice.
- Apr 24 2018Application (17A1166) granted by The Chief Justice extending the time to file until May 30, 2018.
- Apr 13 2018Application (17A1166) to extend the time to file a petition for a writ of certiorari from April 30, 2018 to May 30, 2018, submitted to The Chief Justice.