Attorneys for imprisoned former governor Rod Blagojevich have asked the Seventh Circuit Court of Appeals to place on hold the court’s own decision, rejecting the majority of Blagojevich’s appeal and sending the case back to the district court for resentencing.
Writing for Blagojevich, attorney Leonard Goodman said in a two-page motion Friday that he plans to take the case to the United States Supreme Court within the next 90 days.
The appellate court vacated Blagojevich’s conviction on five counts and remanded the case to the trial judge for retrial or, if the government elects to drop the charges, resentencing.
They found that Blagojevich was not entitled to be released pending those proceedings. In the motion, Goodman asked for what is known as a “stay of the mandate" until the Supreme Court can consider the former governor’s case.
“This petition will be filed,” he said, “Because there is a genuine disagreement as to whether this Court’s decision conflicts with the Supreme Court’s decision in Mccormick vs. United States.”
McCormick is considered a landmark case, regarding extortion and the question of quid pro quo’s in politics.
Blagojevich is serving a 14-year sentence in Englewood, Colorado.