Blagojevich v. United States

Petition for certiorari denied on April 16, 2018
Docket No. Op. Below Argument Opinion Vote Author Term
17-658 7th Cir. N/A N/A N/A N/A OT 2017

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issues: (1) Whether, when the government prosecutes a public official for soliciting campaign contributions in an alleged violation of the Hobbs Act or other federal anticorruption laws, the government must prove the defendant made an “explicit promise or undertaking” in exchange for the contribution per McCormick v. United States, as five circuits require, or “only . . . that a public official has obtained a payment . . . knowing that [it] was made in return for official acts per Evans v. United States, as three other circuits hold; and (2) whether a district court may decline to address a defendant’s nonfrivolous argument that a shorter sentence is necessary to avoid “unwarranted sentence disparities,” 18 U.S.C. § 3553(a)(6), so long as it issues a sentence within the U.S. Sentencing Guidelines, as the U.S. Courts of Appeals for the 7th and 10th Circuits hold, in conflict with the law of the majority of circuits.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jul 25 2017Application (17A129) to extend the time to file a petition for a writ of certiorari from September 3, 2017 to November 2, 2017, submitted to Justice Kagan.
Aug 01 2017Application (17A129) granted by Justice Kagan extending the time to file until November 2, 2017.
Nov 02 2017Petition for a writ of certiorari filed. (Response due December 4, 2017)
Nov 14 2017Blanket Consent filed by Petitioner, Rod Blagojevich.
Nov 30 2017Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.
Nov 30 2017Order extending time to file response to petition to and including January 3, 2018.
Dec 04 2017Brief amicus curiae of Illinois Association of Criminal Defense Lawyers filed.
Dec 04 2017Brief amicus curiae of Institute for Free Speech filed.
Dec 04 2017Brief amicus curiae of Center on the Administration of Criminal Law filed.
Dec 04 2017Brief amici curiae of Current and Former Elected Officials, et al. filed.
Jan 03 2018Motion to extend the time to file a response from January 3, 2018 to February 2, 2018, submitted to The Clerk.
Jan 04 2018Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018.
Jan 25 2018Motion to extend the time to file a response from February 2, 2018 to March 9, 2018, submitted to The Clerk.
Jan 25 2018Motion to extend the time to file a response is granted and the time is further extended to and including March 9, 2018.
Mar 09 2018Brief of respondent United States in opposition filed.
Mar 27 2018Reply of petitioner Rod Blagojevich filed.
Mar 28 2018DISTRIBUTED for Conference of 4/13/2018.
Apr 16 2018Petition DENIED.
 
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