Petitioner is serving a sentence for an offense that was later declared unconstitutional by this Court in United States v. Davis, 588 U.S. 445 (2019), and sought post-conviction relief to vacate that now unconstitutional sentence. The district court denied relief based on the wording of the appeal and collateral-review waiver contained in petitioner's plea agreement. The Fifth Circuit, both in this appeal and in a related appeal, affirmed the denial of relief in a 2-1 decision in both cases, holding that even though petitioner is serving prison time for an offense that was declared unconstitutional by this Court, he cannot have this unconstitutional sentence vacated because he waived that right in his plea agreement's collateral-review waiver. Other circuits would grant relief in similar circumstances and vacate this unconstitutional sentence even when there is a valid appeal or collateral-review waiver in the plea agreement. This Court will resolve this circuit split in Hunter v. United States, Sup. Ct. No. 24-1063 (cert. granted Oct. 10, 2025).

The questions presented in the underlying appeal on which a certificate of appealability was granted were: (1) whether the appellate-review waiver in petitioner's plea agreement bars his Davis claim; and (2) whether petitioner's appellate-review waiver is unenforceable under the miscarriage-of-justice exception. Stated another way, the question presented in this certiorari petition is whether it violates federal constitutional due process for a defendant who pleads guilty and waives the right to appeal or seek collateral-review for a conviction that is later found to be unconstitutional by this Court, to then be forced to serve the unconstitutional sentence because of the prior plea agreement's waiver of appeal or collateral-review?

Whether it violates federal constitutional due process for a defendant who pleads guilty and waives the right to appeal or seek collateral-review for a conviction that is later found to be unconstitutional by the Supreme Court to then be forced to serve the unconstitutional sentence because of the prior plea agreement's waiver of appeal or collateral-review