Ehab Sadeek v. United States

I. Whether a defendant’s waiver of the Sixth Amendment right to a jury trial is knowing, intelligent, and voluntary when the defendant executes the waiver only after specific aggravating allegations are proposed by the Government, rejected by the defendant, and removed from the stipulated factual basis for the bench trial, but those same allegations are later relied upon to substantially increase the defendant’s advisory Guidelines range. II. Whether the Fifth Circuit misapplied the certificate-of-appealability standard under 28 U.S.C. § 2253(c) and Slack v. McDaniel, 529 U.S. 473 (2000), by concluding that Petitioner’s constitutional claims were not debatable among reasonable jurists.