Issues: (1) Whether trial counsel’s failure to make an argument that courts of appeals outside the circuit have accepted (and the circuit has not addressed) may amount to constitutionally deficient assistance of counsel or, instead, whether only directly controlling precedent is relevant; and (2) whether, when a defendant and the government have agreed that the court will address at sentencing a factual question for purposes of imposing a statutory mandatory-minimum sentence, they have also implicitly agreed that the defendant’s “offense of conviction” has “established” the factual finding for purposes of the Sentencing Guidelines.
|Date||Proceedings and Orders|
|Aug 08 2018||Petition for a writ of certiorari filed. (Response due September 10, 2018)|
|Aug 15 2018||Waiver of right of respondent United States to respond filed.|
|Aug 22 2018||DISTRIBUTED for Conference of 9/24/2018.|
|Aug 29 2018||Response Requested. (Due September 28, 2018)|
|Sep 19 2018||Motion to extend the time to file a response from September 28, 2018 to October 29, 2018, submitted to The Clerk.|
|Sep 20 2018||Motion to extend the time to file a response is granted and the time is extended to and including October 29, 2018.|