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 (from Petition)

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?

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 MISAPPLICATION 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?

DOES THE VERMONT DISTRICT COURT'S AUGUST 2 9 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?

Question Presented (AI Summary)

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

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
United States
Noel J. FranciscoSolicitor General, Respondent