No. 18-5701

Stephen Aguiar v. United States

Lower Court: Second Circuit
Docketed: 2018-08-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal coram-nobis criminal-conviction criminal-procedure due-process federal-court federal-courts fifth-amendment habeas-corpus second-circuit-dismissal sentence sentencing-appeal writ-of-error-coram-nobis
Key Terms:
DueProcess FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Did the Second Circuit err by dismissing petitioner's appeal?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. | DID THE SECOND CIRCUIT ERR BY DISMISSING PETITIONER'S ; APPEAL WHEN ITS DISMISSAL RESTS ON A BOILERPLATE ORDER STATING ONLY. THAT PETITIONER'S APPEAL’ LACKS AN ARGUABLE BASIS EITHER IN LAW OR. IN FACT? ; 2. DID THE SECOND. CIRCUIT VIOLATE PETITIONER'S RIGHT TO DUE PROCESS UNDER THE FIFTH AMENDMENT OT THE UNITED STATES CONSTITUTION BY DENYING HIM AN OPPORTUNITY TO APPEAL . THE VERMONT DISTRICT COURT'S MISAPPLICATLON OF LAW AND SUPREME COURT PRECEDENT IN RESOLVING PETITIONER'S PETITION FOR WRIT OF ERROR CORAM NOBIS WHICH .CHALLENGED HIS 2000-2001 PROCEEDINGS AND PRIOR FEDERAL CRIMINAL CONVICTION? 3. DOES THE VERMONT DISTRICT COURT'S AUGUST 2, 2017 ORDER GRANTING PETITIONER'S MOTION TO IMPORT AN AFTER~THE~FACT REDUCTION OF PETITIONER'S ORIGINAL 2001 SENTENCE FROM THE DISTRICT COURT IN MASSACHUSETTS ENTITLE PETITIONER TO AN APPEAL? ; ; i

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-08-30
Waiver of right of respondent United States to respond filed.
2018-05-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 21, 2018)

Attorneys

Stephen Aguiar
Stephen Aguiar — Petitioner
Stephen Aguiar — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent