No. 18-20

Arkadiy Bangiyev v. United States

Lower Court: Fourth Circuit
Docketed: 2018-07-03
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 28-usc-2255 certificate-of-appealability counsel-stipulation criminal-procedure evidentiary-hearing ineffective-assistance-of-counsel plea-bargain plea-bargaining sentencing-enhancement sentencing-guidelines sixth-amendment writ-of-certiorari
Key Terms:
HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

QUESTION PRESENTED In McCoy v. Louisiana, 138 8.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? @)

Docket Entries

2018-10-01
Petition DENIED.
2018-07-18
DISTRIBUTED for Conference of 9/24/2018.
2018-07-10
Waiver of right of respondent United States to respond filed.
2018-06-29
Petition for a writ of certiorari filed. (Response due August 2, 2018)
2018-05-22
Application (17A1166) granted by The Chief Justice extending the time to file until June 29, 2018.
2018-05-17
Application (17A1166) to extend further the time from May 30, 2018 to June 29, 2018, submitted to The Chief Justice.
2018-04-24
Application (17A1166) granted by The Chief Justice extending the time to file until May 30, 2018.
2018-04-13
Application (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.

Attorneys

Arkadiy Bangiyev
Richard C. Klugh Jr. — Petitioner
Richard C. Klugh Jr. — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent