No. 24-1293

Brett Morris McAlpin v. United States

Lower Court: Fifth Circuit
Docketed: 2025-06-18
Status: Denied
Type: Paid
Response WaivedRelisted (2) Experienced Counsel
Tags: appellate-review circuit-split contract-law due-process plea-agreement sentencing-reform
Latest Conference: 2025-11-21 (distributed 2 times)
Question Presented (from Petition)

Should an appeal waiver in a plea agreement be enforced when the plea agreement confers no benefit on the defendant in exchange for his guilty plea, thereby eliminating the statutory right of appellate review established by Congress in 18 U.S.C. § 3742?

Question Presented (AI Summary)

Should an appeal waiver in a plea agreement be enforced when the plea agreement confers no benefit on the defendant in exchange for his guilty plea, thereby eliminating the statutory right of appellate review established by Congress in 18 U.S.C. § 3742?

Docket Entries

2025-11-24
Rehearing DENIED.
2025-11-05
DISTRIBUTED for Conference of 11/21/2025.
2025-10-31
Petition of Brett McAlpin for rehearing submitted.
2025-10-31
2025-10-06
Petition DENIED.
2025-07-09
DISTRIBUTED for Conference of 9/29/2025.
2025-07-01
Waiver of United States of right to respond submitted.
2025-07-01
Waiver of right of respondent United States to respond filed.
2025-06-16
Petition for a writ of certiorari filed. (Response due July 18, 2025)

Attorneys

Brett McAlpin
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Petitioner
United States
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent