No. 25-6583

John Hotaling v. United States

Lower Court: Second Circuit
Docketed: 2026-01-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: breach-of-contract criminal-procedure due-process plea-agreement santobello-standard sentencing-guidelines
Latest Conference: 2026-02-20
Question Presented (from Petition)

Whether the government breaches a plea agreement, and violates due process under Santobello v. New York, 404 U.S. 257 (1971), when it enters into an agreement containing a section labeled "Sentencing Stipulations" specifying certain Sentencing Guidelines adjustments, but later endorses additional Guidelines enhancements not listed in those stipulations at sentencing based on generalized disclaimer language elsewhere in the agreement—thereby substantially increasing the defendant's sentencing exposure beyond what the plea reasonably conveyed and the defendant reasonably understood

Question Presented (AI Summary)

Whether the government breaches a plea agreement and violates due process when it endorses additional Guidelines enhancements not listed in sentencing stipulations based on generalized disclaimer language

Docket Entries

2026-02-23
Petition DENIED.
2026-01-29
DISTRIBUTED for Conference of 2/20/2026.
2026-01-21
Waiver of United States of right to respond submitted.
2026-01-21
Waiver of right of respondent United States to respond filed.
2026-01-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2026)

Attorneys

John Hotaling
Sarah KunstlerLaw Office of Sarah Kunstler, Petitioner
United States
D. John SauerSolicitor General, Respondent