Jackie Kavaskia McMillan v. United States
Immigration
While "jurisdictions appear to treat at least some claims as unwaivable" via an appeal waiver in a plea agreement, this Court has not yet decided "what particular exceptions may be required." Garza v. Idaho, 586 U.S. 232, 238 & n.6 (2019). This Petition asks this Court to consider one such potential exception, which has divided the Circuits below: an exception for an appeal alleging a facially illegal sentence. Accordingly, the Question Presented here is the following:
1. Does the appeal waiver in Petitioner's plea agreement foreclose an appeal raising a claim that his sentence is illegal on its face and thus beyond the authority of the district court to impose at all?
Does the appeal waiver in a plea agreement foreclose an appeal raising a claim that a sentence is illegal on its face and thus beyond the district court's authority to impose?