No. 20-71

Stephen P. Brown v. United States

Lower Court: Second Circuit
Docketed: 2020-07-24
Status: Denied
Type: Paid
Response Waived
Tags: appeal-waiver certificate-of-appealability criminal-procedure due-process fifth-amendment ineffective-assistance section-2255 sentencing sentencing-review sixth-amendment
Latest Conference: 2020-09-29
Question Presented (from Petition)

Should this Court vacate and remand the Februar y 12, 2020 Order of the U.S. Court of Appeals for the Second Circuit denying a certificate of appealability because that Order conflicted di rectly with this Court's controlling authority concerning when a certificate of appealability should be issued and t he plain language of 28 U.S.C. § 2255 – that is, did the U.S. Court of Appeals for the Second Circuit wrongly conclude that no reasonable ju rist could disagree with the district court order herein denying petitioner Stephen P. Brown's 28 U.S.C. § 2255 moti on?

Question Presented (AI Summary)

Whether the Second Circuit erred in denying a certificate of appealability on petitioner's claims of ineffective assistance of counsel and due process violations at sentencing

Docket Entries

2020-10-05
Petition DENIED.
2020-08-05
DISTRIBUTED for Conference of 9/29/2020.
2020-07-29
Waiver of right of respondent United States of America to respond filed.
2020-07-08
Petition for a writ of certiorari filed. (Response due August 24, 2020)

Attorneys

Stephen Brown
Marshall Aron MintzMintz and Oppenheim LLP, Petitioner
United States of America
Jeffrey B. WallActing Solicitor General, Respondent