No. 25-5031

Michael Odom v. United States

Lower Court: Eighth Circuit
Docketed: 2025-07-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appeal-waiver circuit-consensus due-process fifth-amendment plea-agreement sentencing-proceedings
Latest Conference: 2025-09-29
Question Presented (from Petition)

1. Whether the near consensus determination by the various Circuits to accept appeal waivers in plea agreements that extend to subsequent sentencing proceedings violates Due Process of Law.

2. Whether narrower and clearer scope of appeal waiver application to subsequent sentencing proceedings is required by Fifth Amendment Due Process.

3. Whether this Court's opinion in Loper Light Enterprises requires reconsideration of the "significant alteration" in the Congressionally designed sentencing system that was found to be unconstitutional in United States v. Booker.

Question Presented (AI Summary)

Whether the near consensus determination by the various Circuits to accept appeal waivers in plea agreements that extend to subsequent sentencing proceedings violates Due Process of Law, and whether a narrower scope of appeal waiver application is required by Fifth Amendment Due Process

Docket Entries

2025-10-06
Petition DENIED.
2025-07-17
DISTRIBUTED for Conference of 9/29/2025.
2025-07-14
Waiver of United States of America of right to respond submitted.
2025-07-14
Waiver of right of respondent United States of America to respond filed.
2025-06-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 4, 2025)

Attorneys

Michael Odom
Jeremy B. LowreyJeremy B Lowrey, Attorney at Law, Petitioner
United States of America
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent