appeal-waiver
175 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6860 | Corey Myrick v. United States | Eleventh Circuit | 2026-02-19 | Pending | IFP | appeal-waiver appellate-procedure circuit-split criminal-procedure Garza-v-Idaho miscarriage-of-justice | This Court has recognized that "no appeal waiver serves as an absolute bar to all appellate claims." Garza v. Idaho, 586 U.S. 232, 238 (2019). But the… |
| 25-6850 | Davantae London v. United States | Fifth Circuit | 2026-02-18 | Pending | IFP | appeal-waiver consecutive-sentencing ineffective-assistance-of-counsel plea-agreement sentencing-appeal statutory-maximum | 1. Whether a general appeal waiver that does not mention the right to challenge the consecutive nature of a sentence bars such a challenge. 2. Whethe… |
| 25-936 | Nadarius Barnes v. United States | Tenth Circuit | 2026-02-06 | Pending | appeal-waiver circuit-split criminal-procedure guilty-plea legal-challenge unconditional-plea | Whether, by entering a guilty plea, a defendant waives his right to appeal his conviction on the basis that the conduct admitted does not constitute t… | |
| 25-6555 | Fredrick Dontae Slade v. United States | Fourth Circuit | 2026-01-13 | Pending | IFP | appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement | 1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 25-6533 | Arthur Raffy Aslanian v. United States | Ninth Circuit | 2026-01-09 | Pending | IFP | appeal-waiver appellate-rights criminal-procedure due-process fifth-amendment post-trial-agreement | Whether a post-trial waiver of appeal is unknowing and involuntary, and therefore invalid under the Fifth Amendment, where petitioner was not fully ad… |
| 25A756 | Juan L. Calderon Nonbera v. United States | Ninth Circuit | 2025-12-31 | Application | administrative-remedies appeal-waiver due-process exhaustion-requirement immigration-removal section-1326d | Whether an invalid waiver of the right to appeal an immigration judge's decision renders administrative remedies unavailable for purposes of 8 U.S.C. … | |
| 25-6465 | Ledale Deanthony Sawyer v. United States | Fifth Circuit | 2025-12-31 | Pending | IFP | appeal-waiver appellate-review criminal-procedure habeas-corpus legal-argument sentencing-error | 1. Whether a defendant's appeal waiver bars appellate review of a clear sentencing error when the defendant preserved the exact legal argument below a… |
| 25-6458 | Matthew Darrel Childers v. United States | Sixth Circuit | 2025-12-31 | Pending | Response WaivedIFP | appeal-waiver criminal-procedure due-process ineffective-assistance mandate-recall sixth-circuit | 1. Whether the Sixth Circuit Court of Appeals erred when it denied without explanation Petitioner's Motion to Recall the Mandate, Strike Reply Brief o… |
| 25-6411 | Gregory Johnson, Jr. v. United States | Fifth Circuit | 2025-12-22 | Pending | IFP | appeal-waiver appellate-review criminal-procedure due-process miscarriage-of-justice plea-agreement | Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and… |
| 25-6385 | Johnathan Morrison v. United States | Eighth Circuit | 2025-12-16 | Pending | IFP | appeal-waiver appellate-review criminal-procedure district-court miscarriage-of-justice sentencing-guideline | Does the miscarriage of justice exception to appeal waivers apply to an appellate claim that a district court sentenced a defendant under the wrong se… |
| 25-6389 | Kingsley Ita v. United States | Fifth Circuit | 2025-12-16 | Pending | IFP | appeal-waiver circuit-split criminal-procedure due-process plea-agreement sentencing-procedure | I. Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing co… |
| 25-6218 | Kenleone Joe Nyandoro v. United States | Fifth Circuit | 2025-11-24 | Pending | IFP | appeal-waiver controlled-substance firearm-possession ineffective-assistance second-amendment statutory-maximum | 1. Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds… |
| 25A594 | Keith Lashon Bell v. United States | Fourth Circuit | 2025-11-20 | Application | appeal-waiver constitutional-exception criminal-procedure federal-sentencing habeas-corpus plea-agreement | Question not identified. | |
| 25-6142 | John Elwood Tyrone Martin v. United States | Fourth Circuit | 2025-11-17 | Pending | IFP | appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error | I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a d… |
| 25A552 | Gregory Johnson, Jr. v. United States | Fifth Circuit | 2025-11-12 | Application | appeal-waiver career-offender circuit-split criminal-procedure plea-agreement sentencing-guidelines | Question not identified. | |
| 25-5986 | Tovis Ation Richardson v. United States | Fourth Circuit | 2025-10-29 | Pending | IFP | appeal-waiver circuit-split drug-conspiracy firearm-enhancement miscarriage-of-justice sentencing-guidelines | I. The Fourth Circuit and several other circuits apply the U.S.S.G. § 2D1.1(b)(1) enhancement if a firearm is found in any place where a defendant's c… |
| 25A469 | Cedric Ray Jones v. United States | Fifth Circuit | 2025-10-24 | Application | appeal-waiver circuit-split collateral-review constitutional-vagueness plea-agreement section-924(c) | Question not identified. | |
| 25-5696 | Anatole Mbe v. United States | Ninth Circuit | 2025-09-22 | Pending | IFP | appeal-waiver criminal-procedure legal-error plea-agreement restitution sentencing | Did petitioner's appeal waiver as part of his plea agreement preclude an appeal challenging the amount imposed for restitution on grounds that the gov… |
| 25A313 | Lairon Graham v. United States | Second Circuit | 2025-09-18 | Presumed Complete | appeal-waiver certiorari due-process ineffective-assistance party-presentation second-circuit | Whether, by signing a plea agreement with a generic appeal waiver, a criminal defendant waives his right to challenge his attorney's past, present, an… | |
| 25-5669 | Stanislav Steven Yelizarov v. United States | Fourth Circuit | 2025-09-17 | Denied | Response WaivedIFP | actual-innocence appeal-waiver ineffective-counsel miscarriage-of-justice plea-agreement resentencing | When a criminal defendant is resentenced after a conviction is vacated because he is actually innocent of the charge, does an appeal waiver in the ple… |
| 25-5620 | Terry Duane Qualls v. United States | Eighth Circuit | 2025-09-12 | Pending | IFP | appeal-waiver categorical-approach controlled-substances-act due-process plea-agreement sentencing | Whether an appeal waiver applies when the sentencing judge advises the defendant that he has the right to appeal and the government does not object. |
| 25-5609 | Jackie Kavaskia McMillan v. United States | Eleventh Circuit | 2025-09-11 | Pending | IFP | appeal-waiver district-court illegal-sentence jurisdictional-challenge plea-agreement sentencing | 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 "wha… |
| 25-5387 | Robert Narvett v. United States | Seventh Circuit | 2025-08-18 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement rule-11-hearing | Did the Appeals Court error by claiming Movants substantial rights were not affected after conceeding that the District Court accepted the Movants ple… |
| 25-5099 | Franklin Ray v. United States | Second Circuit | 2025-07-15 | Denied | Response WaivedIFP | actual-innocence appeal-waiver due-process plea-agreement sixth-amendment statutory-interpretation | After this Court re-interpreted the Aggravated Identity Theft statute in Dubin v. United States, 599 U.S. 110, 132 (2023), Petitioner was factually in… |
| 25-5031 | Michael Odom v. United States | Eighth Circuit | 2025-07-03 | Denied | Response WaivedIFP | appeal-waiver circuit-consensus due-process fifth-amendment plea-agreement sentencing-proceedings | 1. Whether the near consensus determination by the various Circuits to accept appeal waivers in plea agreements that extend to subsequent sentencing p… |
| 24-7478 | Shaquan Dannard McCall v. United States | Fourth Circuit | 2025-06-23 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement | 1. ISA DEFEDANTS RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 24-7166 | David Eugene Rush, Jr. v. United States | Sixth Circuit | 2025-05-09 | Denied | Response WaivedIFP | appeal-waiver consideration constitutional-rights criminal-procedure due-process plea-agreement | Plea agreements are governed by traditional contract principles — but unlike ordinary contracts, they involve the waiver of fundamental constitutiona… |
| 24-7122 | Michael Samuel Dekelbaum v. United States | Fifth Circuit | 2025-05-02 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-bargain sentencing | 1. Should the U.S. Supreme Court recognize a "miscarriage of justice" exception to a waiver of appeal provision in a plea bargain for due process sent… |
| 24-1063 | Munson P. Hunter, III v. United States | Fifth Circuit | 2025-04-08 | Granted | Amici (7)Response RequestedResponse WaivedRelisted (3) | appeal-waiver appellate-procedure circuit-split constitutional-challenge ineffective-assistance sentencing-rights | 1. Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds… |
| 24-6814 | Jason Johnson v. United States | Sixth Circuit | 2025-03-20 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure illegal-sentence plea-agreement sentencing-law | While "jurisdictions appear to treat at least some claims as unwaivable" via an appeal waiver in a plea agreement, this Court has not yet had occasion… |
| 24-6575 | Marshall Ray Scarborough v. United States | Fourth Circuit | 2025-02-14 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement sentencing | Federal Rule of Criminal Procedure 11(b)(1)(N) requires that, before a district court accepts a plea of guilty, it must first "inform the defendant of… |
| 24-6543 | Devin Chaney v. United States | Fifth Circuit | 2025-02-11 | Pending | Response RequestedResponse WaivedRelisted (4)IFP | appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-agreement sentencing-error | Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and… |
| 24A773 | Munson P. Hunter, III v. United States | Fifth Circuit | 2025-02-11 | Presumed Complete | appeal-waiver circuit-split constitutional-challenge criminal-procedure plea-agreement sentencing-rights | (1) whether a defendant who agreed to waive his right to appeal may nonetheless challenge his sentence on constitutional grounds other than ineffectiv… | |
| 24-6505 | Jerome Jones v. United States | Fifth Circuit | 2025-02-07 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appeal-waiver circuit-split criminal-procedure plea-agreement sentencing-error statutory-right | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made errors as part of his plea agreemen… |
| 24-6081 | Christopher Zamarripa v. United States | Fifth Circuit | 2024-12-05 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure effective-assistance-of-counsel plea-agreement sentencing sixth-amendment | WHETHER ZAMARRIPA WAS DENIED EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE SIXTH AMENDMENT AS A RESULT OF HIS COUNSEL'S ADVICE THAT HE ACCEPT THE … |
| 24-6060 | Albert Trampis Dogskin v. United States | Ninth Circuit | 2024-12-03 | Denied | Response WaivedIFP | appeal-waiver circuit-split false-information judicial-discretion plea-agreement sentencing-error | Whether there is an exception to an appeal waiver in a plea agreement where the district court relied on false or unreliable information in sentencing… |
| 24-5601 | In Re David Wayne Nelson | 2024-09-20 | Denied | IFP | appeal-waiver constitutional-rights court-appointed-counsel indigent-defendant procedural-due-process right-to-counsel | In the Court's Holding that prejudice is presumed regardless of an appeal waiver in a state criminal case, Garza v. Idaho, 586 U.S. 232 (2019) also me… | |
| 24-5506 | Rustam Yusupov v. United States | Ninth Circuit | 2024-09-10 | Denied | Response WaivedIFP | appeal-waiver constitutional-challenge criminal-conviction second-amendment statutory-interpretation unlawful-possession | 1. Whether Rustam Yusupov's conviction for unlawful possession of ammunition under 18 U.S.C. § 922(g)(8) violates the Second Amendment? 2. Whether th… |
| 24-5333 | Jamal Mohammad Eleidy v. United States | Fourth Circuit | 2024-08-15 | Denied | Response WaivedIFP | appeal-waiver deportation illegal-sentence sentencing-condition statutory-interpretation supervised-release | Where the district court in sentencing a United States citizen imposes deportation as a supervised release condition, and 18 U.S.C. § 3583(d) expressl… |
| 23-7752 | Mark Edmond Brown, Jr. v. United States | Sixth Circuit | 2024-06-18 | Denied | Response WaivedIFP | appeal-waiver coram-nobis due-process guilty-plea miscarriage-of-justice sentence sentencing-rights sixth-circuit | The Sixth Circuit violated Mr. Brown's due process rights by concluding that his right to file a coram nobis petition fell within the scope of his app… |
| 23-7630 | Jamaal Elwood Dance v. United States | Fourth Circuit | 2024-06-04 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure constitutional-law contract-law criminal-procedure judicial-enforcement jurisdiction plea-agreement | WAS THE APPEAL BARRED BY THE APPEAL WAIVER IN THE PLEA AGREEMENT, I.E. SHOULD THE COURT OF APPEALS HAVE ENFORCED AND THUS APPROVED THE APPEAL WAIVER? |
| 23-7571 | Corey Goings v. United States | Sixth Circuit | 2024-05-28 | Denied | Response WaivedIFP | appeal-rights appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining racial-discrimination sentencing | I. Whether the Plea Agreement's general waiver of appeal rights included a waiver of appealing a sentence based on the impermissible factor of race. |
| 23-1188 | Jonathon Owen Shroyer v. United States | District of Columbia | 2024-05-03 | Denied | Response Waived | appeal-waiver first-amendment free-speech protected-speech relevant-conduct relevant-offense-conduct sentencing substantive-reasonableness | 1. Whether a prison sentence imposed as a result of the consideration of protected speech as "relevant offense conduct" violates the First Amendment a… |
| 23-7332 | Angel De Jesus Castillo-Godoy v. United States | First Circuit | 2024-04-29 | Denied | Response WaivedIFP | appeal-waiver burden-of-proof criminal-procedure due-process fifth-amendment government-defense jurisdiction opening-brief reply-brief sixth-amendment | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-7223 | Daquan Doral Carter v. United States | Fourth Circuit | 2024-04-15 | Denied | Response WaivedIFP | appeal-waiver arraignment criminal-procedure district-court due-process merits-review plea-agreement plea-bargaining rule-11 sentencing | Can the Government invoke an appeal waiver to preclude merits review of an appeal when the district court failed to specifically question the defendan… |
| 23-7035 | Anderson Garcia v. United States | Second Circuit | 2024-03-20 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing | Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi… |
| 23-1022 | Nancy Martin v. United States | Tenth Circuit | 2024-03-18 | Denied | Amici (1) | appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining | Federal Rule of Criminal Procedure 11(b)(3) requires a district court to "determine that there is a factual basis" for a guilty plea before accepting … |
| 23-7003 | Kenneth Malik Wise v. United States | Fourth Circuit | 2024-03-15 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process fourth-circuit knowingly-waived plea-agreement sentencing sentencing-argument | Did the United States Court of Appeals for the Fourth Circuit err by concluding that Appellant Kenneth Malik Wise knowingly and voluntarily waived his… |
| 23-6774 | Tremayne Silas v. United States | Eighth Circuit | 2024-02-16 | Denied | Response WaivedIFP | ambiguity appeal-waiver circuit-court criminal-appeal guilty-plea involuntary involuntary-plea legal-ambiguity summary-reversal | Whether this Court should summarily reverse the Eighth Circuit's dismissal of Silas's appeal when the appeal waiver is ambiguous as to whether it appl… |
| 23-6405 | Brian K. Allen v. United States | Eighth Circuit | 2024-01-03 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process evidentiary-hearing federal-circuit fundamental-rights plea-agreement sentencing sentencing-procedure | 1. Whether the near consensus Federal Circuit Courts of Appeals' application of plea agreement appeal waivers as to subsequent sentencing proceedings,… |
| 23-6165 | Jesus Del Valle Gonzalez-Rodriguez v. United States | First Circuit | 2023-12-05 | Denied | Response WaivedIFP | appeal-waiver brief-filing burden-of-proof court-of-appeals criminal-procedure due-process government-defense opening-brief plea-agreement reply-brief | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-6121 | Jemare Ray McNair, aka Head v. United States | Fourth Circuit | 2023-11-28 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers career-offender criminal-law criminal-procedure due-process federal-sentencing plea-agreement plea-bargaining sentencing sentencing-enhancement | WHETHER CAREER OFFENDER STATUS SHOULD BE SUBJECT TO APPEAL WAIVERS IN PLEA AGREEMENTS WHERE A DEFENDANT HAS A LEGITIMATE ARGUMENT THAT HE WAS NOT A CA… |
| 23-6086 | Luis Alberto Marcano-Godoy v. United States | First Circuit | 2023-11-21 | Denied | Response WaivedIFP | appeal-waiver criminal-defendant criminal-procedure government-defense opening-brief procedural-rule reply-brief | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-537 | Faisal Ashraf, aka Sal v. United States | Ninth Circuit | 2023-11-20 | Denied | Amici (1) | appeal-waiver circuit-split computer-fraud-and-abuse-act criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure plea-agreement | Whether the federal courts of appeals can refuse to consider a challenge to the sufficiency of the factual basis for a guilty plea when the plea agree… |
| 23-5978 | Brian Keith Person, Jr. v. United States | Fourth Circuit | 2023-11-08 | Denied | Response WaivedIFP | appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness | Whether the Fourth Circuit Erred By Dismissing Mr. Person's Appeal Pursuant to An Appeal Waiver When He Argued that His Plea was Not Knowing and Volun… |
| 23-5790 | Brock Brian Beeman v. United States | Fourth Circuit | 2023-10-16 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure due-process fourth-circuit notice-requirements plea-agreement rule-32 sentencing sentencing-notice | Did the Fourth Circuit err in upholding the Petitioner's appeal waiver to preclude his claim that the trial court violated the notice provisions of Ru… |
| 23-5739 | Daniel Ray Metsinger v. United States | Fifth Circuit | 2023-10-10 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver | Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement. |
| 23-5688 | Angel Marie Jordan v. United States | Fifth Circuit | 2023-10-02 | Denied | Response WaivedRelisted (2)IFP | appeal-waiver constitutional-challenge criminal-justice criminal-procedure double-jeopardy due-process plea-agreement right-to-appeal | This Court has recognized that an appeal waiver in a plea agreement cannot bar a challenge when a conviction, or sentence, is based on "constitutional… |
| 23A259 | Faisal Ashraf, aka Sal v. United States | Ninth Circuit | 2023-09-21 | Presumed Complete | appeal-waiver cfaa-authorization computer-fraud-and-abuse-act guilty-plea sufficiency-of-factual-basis van-buren | 1. This case presents an important question on which circuits are split: whether appellate courts can refuse to consider a challenge to the sufficienc… | |
| 23-5550 | Joseph Jones v. United States | Eleventh Circuit | 2023-09-08 | Denied | Response WaivedIFP | appeal-waiver circuit-court civil-procedure contractual-law due-process plea-agreement sentence-appeal-waiver sentencing standing | Whether the Appellant's rights were violated when the Eleventh Circuit Court of Appeals enforced a sentence appeal waiver in a plea agreement that was… |
| 23-5435 | Marques Webb v. United States | Fifth Circuit | 2023-08-24 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver | Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 23-5320 | Curtis Lavon Magee v. United States | Fifth Circuit | 2023-08-09 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 23-5159 | Juan Jabari Hollis v. United States | Tenth Circuit | 2023-07-21 | Denied | Response WaivedIFP | advisory-guidelines appeal-waiver categorical-approach controlled-substance-offense controlled-substance-offenses criminal-sentencing federal-sentencing miscarriage-of-justice sentencing-guidelines waiver-of-appeal | Despite waiving his right to appeal his sentence except under limited circumstances, did the calculation of his advisory guideline range, which influe… |
| 23-5174 | Dionte Houff v. United States | Ninth Circuit | 2023-07-21 | Denied | Response WaivedIFP | appeal-waiver circuit-split constitutional-statute jurisdiction plea-agreement retroactive-application statutory-and-constitutional-issues supreme-court-precedent waiver-of-appeal | Can a plea agreement that contains a waiver of appeal bar a direct appeal of a conviction and/or sentence based on a statute that this Court later rul… |
| 23-5154 | Justin Christopher Smith v. United States | Sixth Circuit | 2023-07-20 | Denied | Response WaivedIFP | appeal-waiver armed-career-criminal-act criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentencing statutory-interpretation statutory-sentencing violent-felony violent-offense | 1. Whether an appeal waiver can bar an attack on an enhanced statutory sentence? 2. Whether Petitioner's prior convictions for robbery and resisting … |
| 23-5004 | Gregory L. Randle v. United States | Fifth Circuit | 2023-06-30 | Denied | Response WaivedIFP | appeal-waiver appellate-jurisdiction appellate-review criminal-procedure due-process fifth-circuit plea-agreement plea-bargaining procedural-waiver right-to-appeal waiver | Whether the Fifth Circuit erred by dismissing Mr. Randle's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7840 | Cordelro Desean Shoulders v. United States | Fifth Circuit | 2023-06-22 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7584 | Kahliq Williams v. United States | Fifth Circuit | 2023-05-17 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process plea-agreement policy-concerns sentencing-errors | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7587 | John Wayne Spell v. United States | Fifth Circuit | 2023-05-17 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review plea-agreement procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Spell's appeal based on the waiver of appeal provisions in his Plea Agreement. |
| 22-7569 | Andrew Payton v. United States | Fifth Circuit | 2023-05-16 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors voluntary-forfeiture | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7518 | John William Iron Road v. United States | Eighth Circuit | 2023-05-10 | Denied | IFP | appeal-waiver appellate-review circuit-split criminal-sentencing proximate-causation proximate-cause restitution restitution-award sentencing statutory-interpretation unlawful-award | Whether an appellate court should enforce an appeal waiver where the appeal challenges an unlawful restitution award? |
| 22-7494 | Floyd Ellis Wyche v. United States | Eleventh Circuit | 2023-05-09 | Denied | Response WaivedIFP | appeal-waiver conviction conviction-appeal criminal-procedure due-process plea-bargaining plea-colloquy rule-11 sentencing | Rule 11(b)(1)(N) of the Federal Rules of Criminal Procedure requires that a district court conducting a plea colloquy inquire into the defendant's kno… |
| 22-7480 | Elbert Silas v. United States | Fifth Circuit | 2023-05-08 | Denied | Response WaivedIFP | appeal-waiver constitutional-provisions criminal-procedure due-process index-of informed-consent procedural-rights reason-for-granting-the-writ sentencing-guidelines | Whether Mr. Silas's due process rights were violated by the enforcement of the appeal waiver when Mr. Silas was not advised and did not know that he w… |
| 22-7361 | Demonte Tretion Kelly v. United States | Fifth Circuit | 2023-04-25 | Denied | Response WaivedIFP | appeal-waiver appellate-waiver circuit-split criminal-procedure due-process intellectual-disability miscarriage-of-justice sentencing-guidelines | Whether appellate waivers in federal criminal cases contain and implied exception for miscarriage of justice. |
| 22-6970 | Jeffrey Kesten v. United States | Tenth Circuit | 2023-03-08 | Denied | Response WaivedIFP | appeal-waiver constitutional-law criminal-procedure due-process judicial-enforcement mens-rea plea-agreement | (1) Can a court enforce an appeal waiver from a plea agreement when the defendant was not informed of and did not plea to the proper mens rea element … |
| 22-6838 | Demetri D. Beachem, aka Demetrius D. Beachem v. United States | Seventh Circuit | 2023-02-22 | Denied | Response WaivedRelisted (9)IFP | appeal-waiver criminal-procedure criminal-sentencing due-process ineffective-assistance-of-counsel involuntary-plea miscarriage-of-justice plea-agreement plea-bargaining sentencing-guidelines | Whether a court can take into account exceptions binding it to accord precedent over objections to a prior court's authority to decide. Whether a cou… |
| 22-6702 | Jason Boyet v. United States | Fifth Circuit | 2023-02-06 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors waiver-enforceability | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-6289 | Kevin Singleton v. United States | Fifth Circuit | 2022-12-13 | Denied | Response WaivedIFP | appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver | Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements. |
| 22-6106 | David Shane Paquette v. United States | Eleventh Circuit | 2022-11-18 | Denied | Response WaivedIFP | appeal-waiver circuit-split contract-law criminal-procedure defendant-rights due-process plea-agreement | Whether an appeal-waiver provision in a plea agreement is enforceable when the agreement provides the defendant with no benefit. |
| 22-6108 | Jose Luis Ramirez, Jr., aka Zachary Matthew Johnson v. United States | Fourth Circuit | 2022-11-18 | Denied | Response WaivedIFP | appeal-waiver criminal-conviction criminal-procedure fourth-circuit ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud | 1. WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF HIS CONVICTION OF SECU… |
| 22-6042 | Ryan Hayes v. United States | First Circuit | 2022-11-10 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure discretionary-review due-process equal-protection first-circuit sentencing | I. Whether considerations of equal protection and due process required the First Circuit to entertain Mr. Hayes' appeal where Mr. Hayes had not challe… |
| 22-5491 | John Michael Ward v. United States | Fifth Circuit | 2022-09-01 | Denied | Response WaivedIFP | appeal-waiver constitutional-vagueness criminal-law criminal-statute federal-procedure ineffective-assistance ineffective-assistance-of-counsel overbreadth statutory-interpretation vagueness | Was the U.S. District Court for the Western District of Louisiana's interpretation of 18 U.S.C. § 2251(a) vague and overbroad, and did Petitioner's at… |
| 22-5446 | Jose Francisco Maldonado-Rosa v. United States | Fifth Circuit | 2022-08-25 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement sentencing waiver waiver-of-rights | Whether the Fifth Circuit erred by ruling that Mr. Maldonado waived the right to appeal his sentence because of the Waiver of Appeal provision in his … |
| 22-5135 | Joshua Jay Schroeder v. United States | Ninth Circuit | 2022-07-19 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure federal-rules plea-agreement right-to-appeal sentencing | Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to … |
| 22-5107 | Marcus Dwayne Pemberton v. United States | Fourth Circuit | 2022-07-14 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure miscarriage-of-justice plea-agreement plea-agreements sentencing-guideline sentencing-guidelines | SHOULD STANDARDS OTHER THAN THE KNOWING AND VOLUNTARY WAIVER STANDARD OF BRADY V. UNITED STATES GOVERN THE ENFORCEMENT OF APPEAL WAIVERS IN PLEA AGREE… |
| 22-5018 | Michael Allen Long v. United States | Fifth Circuit | 2022-07-01 | Denied | Response WaivedIFP | appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver | Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement. |
| 22-5007 | Lann Tjuan Clanton, aka Tjuan v. United States | Fourth Circuit | 2022-06-30 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure federal-sting federal-sting-operation fourth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-agreement | I. WHETHER, AFTER WINNING THE RIGHT TO FILE A BELATED APPEAL DUE TO COUNSEL'S INEFFECTIVENESS FOR FAILING TO FILE A NOTICE OF APPEAL, THE FOURTH CIRCU… |
| 21-8236 | Edward Toliver v. United States | Fifth Circuit | 2022-06-27 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process fair-trial fairness-doctrine plea-agreement sentencing-guidelines | Are plea agreement appeal waivers that forfeit a criminal defendant's right to challenge errors in the district court's interpretation and application… |
| 21-7824 | Jerome Scott King v. United States | Eighth Circuit | 2022-05-10 | Denied | Response WaivedIFP | appeal-waiver appellate-review criminal-procedure defendant-rights due-process plea-agreement plea-bargaining sentencing voluntary-waiver | Whether a provision in a plea agreement that bars a defendant from appealing a sentence of imprisonment violates due process and whether it can be kno… |
| 21-7735 | Erskin Bernard Perryman v. United States | Sixth Circuit | 2022-04-28 | Denied | Response WaivedIFP | appeal-waiver appellate-waiver base-offense-level criminal-procedure due-process judicial-review minor-participant plea-agreement sentencing-guidelines sixth-circuit | The Sixth Circuit Court of Appeals erroneously granted the Government's Motion to Dismiss and refused to address whether the trial court calculated th… |
| 21-7707 | Jerome Lamar Pitts v. United States | Eleventh Circuit | 2022-04-26 | Denied | Response WaivedIFP | appeal-waiver constitutional-law constitutional-violation criminal-procedure due-process legal-remedy plea-agreement plea-bargaining sentencing-guidelines | 1) Whether a miscalculated Sentencing Guideline violates Due Process enough to count as a "sentence in violation of the Constitution or laws of the Un… |
| 21-7619 | Jarbarri Randale Wall v. United States | Fourth Circuit | 2022-04-14 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure federal-law plea-agreement sentencing sentencing-condition statutory-authority statutory-maximum supervised-release | The district court imposed a special condition of supervised release that the defendant abstain from the use of alcoholic beverages, not associate wit… |
| 21-7507 | Valedia Gross v. First NLC Financial Services, LLC, et al. | Maryland | 2022-03-31 | Denied | IFP | appeal appeal-waiver case-reopening civil-procedure court-intervention default-judgment legal-procedure motion-to-vacate standing timeliness waiver | Did the Court of Special Appeals (COSPA) err, as a matter of law, in holding that Ms. Gross waived her right to appeal the circuit court's order vacat… |
| 21-7482 | Gregory Jean-Louis v. United States | Fifth Circuit | 2022-03-29 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure circuit-split criminal-appeal criminal-defendant criminal-procedure defendant-rights due-process judicial-review sentencing waiver-exception | Should the United States Supreme Court grant certiorari in order the finally resolve the substantial circuit split regarding the "miscarriage—of—justi… |
| 21-1275 | Abetubokun Adesioye v. United States | Fourth Circuit | 2022-03-22 | Denied | Response Waived | appeal appeal-waiver court-of-appeals criminal-appeal criminal-procedure due-process plea-bargaining right-to-appeal rule-11-colloquy sentencing sentencing-guidelines waiver | Did the Court of Appeals err in finding that the petitioner knowingly and intelligently waived his right of appeal without having considered the exist… |
| 21-7190 | Jason Terrell v. United States | Fourth Circuit | 2022-02-24 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights court-of-appeals due-process jurisdiction merits plea-agreement procedural-facts standard-of-review | 1. Whether the court of appeals erred by dismissing the appeal based upon an appeal waiver contained in the plea agreement and should have addressed M… |
| 21-7169 | Latwon James v. United States | Fourth Circuit | 2022-02-22 | Denied | Response WaivedRelisted (2)IFP | appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver | I. Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a provision in Mr. James's plea agreement waiving his right to appeal … |
| 21-6987 | Marcus Antonio Grubbs v. United States | Eleventh Circuit | 2022-01-27 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-procedure defendant-rights due-process miscarriage-of-justice procedural-waiver sentencing | Whether a defendant can "knowingly," "voluntarily," and/or "intelligently," execute an appeal waiver of conduct yet to occur in the proceedings, visa-… |
| 21-6888 | Ryan Kenneth Richmond, aka Rich v. United States | Fourth Circuit | 2022-01-18 | Denied | Response WaivedIFP | appeal-waiver appellate-review attempted-murder criminal-defendant criminal-procedure plea-agreement relevant-conduct sentencing-guidelines | I. DOES A CRIMINAL DEFENDANT'S WAIVER OF HIS RIGHT TO APPEAL A WITHIN GUIDELINE'S SENTENCE BAR APPELLATE REVIEW WHERE THE DISTRICT COURT USED A CROSS … |
| 21-6644 | Ashot Minasyan v. United States | Ninth Circuit | 2021-12-16 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea | Whether Minasyan's waiver of appeal is unenforceable for the following reasons: because it was not knowing, intelligent and voluntary, and because Min… |
| 21-6210 | Tony Bowen v. United States | Sixth Circuit | 2021-11-08 | Denied | Response WaivedIFP | appeal-waiver armed-career-criminal-act conviction-counting felon-in-possession sentencing sentencing-enhancement state-law statutory-maximum | 1. If a defendant convicted of felon-in-possession charges has three qualifying convictions, the Armed Career Criminal Act ("ACCA") enhances the maxim… |
| 21-5961 | David K. Horsley v. Ohio | Ohio | 2021-10-14 | Denied | Relisted (2)IFP | appeal-waiver appellate-procedure constitutional-interpretation criminal-procedure due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel procedural-rule sixth-amendment state-appellate-procedure | To clarify if what the United States Court held in Garza v. Idaho, 586 U.S. 10 (2019) applies to Ohio App. R. 26 (B)(1) which requires a defendant to … |
| 21-5937 | Odilon Martinez-Rojas v. United States | Second Circuit | 2021-10-08 | Denied | Response WaivedIFP | appeal-waiver due-process fifth-amendment plea-agreement sentencing-procedure sixth-amendment | Whether a plea agreement's appeal waiver can bar a defendant from challenging the unconstitutionality of a sentencing procedure that deprives the defe… |
| 21-5712 | George Ferrer Sanchez v. United States | Eleventh Circuit | 2021-09-20 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process judicial-review plea-agreement plea-bargaining prosecutorial-discretion right-to-appeal sentencing | Across all federal circuits, the courts of appeals have held that, as part of a plea agreement with the government, a criminal defendant can waive his… |
| 21-5340 | Gerald Allen Hiler v. United States | Ninth Circuit | 2021-08-11 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing | Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the… |
| 21-5098 | Hal Herring Brown, Jr. v. United States | Fourth Circuit | 2021-07-15 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure fourth-circuit ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud | WHETHER THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ERRED IN DISMISSING THE PETITIONER'S MERITORIOUS APPEAL OF HIS CONVICTION FOR SECURI… |
| 20-8388 | Jonathan Aaron Leal v. United States | Fifth Circuit | 2021-06-22 | Denied | Response WaivedIFP | appeal-waiver appellate-review due-process federal-sentencing illegal-sentence plea-agreement post-conviction-relief | Should an appeal waiver provision in a plea agreement bar appellate or post-conviction relief from an illegal federal sentence? |
| 20-8111 | Taariq Kaaleeq Jackson-Bey v. United States | Eighth Circuit | 2021-05-24 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights due-process evidentiary-hearing felon-in-possession guilty-plea henderson-v-united-states judicial-review liberty-review notice post-conviction-relief | Question not identified. |
| 20-7656 | James Robert Monson v. United States | Sixth Circuit | 2021-04-06 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights due-process fundamental-rights intentional-misconduct prosecutorial-misconduct sentencing united-states-attorney | 1. Whether the United States Attorney Offices' standard appeal waiver violates due process of law where, subsequent to the defendant signing the waive… |
| 20-7543 | Victor Real-Alomar, aka Toston v. United States | First Circuit | 2021-03-24 | Denied | Response WaivedIFP | appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver | A. Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the gover… |
| 20-7473 | Ivan Dario Obregon v. United States | Fifth Circuit | 2021-03-17 | Denied | Response WaivedIFP | appeal-waiver criminal-law criminal-sentencing due-process federal-jurisdiction federal-procedure judicial-discretion plain-error plea-agreement sentencing-error sentencing-guidelines | Are unforeseeable sentencing mistakes beyond the scope of federal appeal waivers? |
| 20-1095 | Darius Wayne Haws v. Idaho | Idaho | 2021-02-10 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement | Whether a criminal defendant's purported waiver of the right to appeal in a plea agreement is knowing, intelligent, and voluntary—as required by the D… |
| 20-6668 | Christopher Zamarripa v. United States | Fifth Circuit | 2020-12-21 | Denied | IFP | ambiguity appeal-waiver circuit-split criminal-procedure district-court due-process judicial-interpretation plea-bargaining plea-colloquy procedural-ambiguity | Does a district court's mischaracterization, during the plea colloquy, of an appeal waiver create an ambiguity that must be construed against the gove… |
| 20-6521 | Hector Valdez v. United States | First Circuit | 2020-12-03 | Denied | Response WaivedIFP | appeal-waiver appellate-review criminal-procedure first-step-act retroactivity sentencing statutory-interpretation waiver-of-rights | If a defendant waives the right to appeal a sentence and the waiver takes place before the passage of the First Step Act and the defendant is sentence… |
| 20-6426 | Jose Farias-Valdovinos v. United States | Eighth Circuit | 2020-11-24 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure factual-basis mens-rea plea-bargaining plea-colloquy rule-11 specific-intent specific-intent-crime | Whether the district court's omission of an independent inquiry into a defendant's mens rea during the Rule 11 plea colloquy for a specific intent cri… |
| 20-6382 | Randall Allen Eplion, Jr. v. United States | Fourth Circuit | 2020-11-19 | Denied | Response WaivedIFP | appeal-waiver appellate-review criminal-procedure due-process federal-criminal-practice plea-agreement sentencing standing waiver | Whether a provision in a plea agreement which bars the defendant from appealing "the right to seek appellate review of . . . any sentence of imprisonm… |
| 20-6147 | Shane Anthony Roberts v. United States | Eighth Circuit | 2020-10-28 | Denied | Response WaivedIFP | appeal-waiver appellate-review court-of-appeals criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation statutory-right waiver | Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence by summarily granting a government m… |
| 20-5862 | Markey Antonio Goldston v. United States | Fourth Circuit | 2020-09-30 | Denied | Response WaivedIFP | appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining | 1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 20-5771 | Taveon Nixon v. United States | Fourth Circuit | 2020-09-24 | Denied | Response WaivedIFP | appeal-waiver due-process miscarriage-of-justice procedural-reasonableness sentencing statutory-maximum substantive-reasonableness | WHETHER THE TRIAL COURT'S OVERT CONSIDERATION OF THE EXISTENCE AND NATURE OF AN APPEAL WAIVER PRIOR TO VARYING UPWARD TO THE STATUTORY MAXIMUM SENTENC… |
| 20-5577 | Malik Timbers v. United States | Eleventh Circuit | 2020-09-02 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement | I. WHETHER CERTIORARI REVIEW SHOULD BE GRANTED WHERE THE ELEVENTH CIRCUIT ERRED IN FINDING THAT TIMBERS' GUILTY PLEA WAS VOLUNTARY AND THE SENTENCE-AP… |
| 20-5467 | Carlos Michael Lopez v. Texas | Texas | 2020-08-24 | Denied | IFP | adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process garza-v-idaho inherent-powers sua-sponte-dismissal waiver | Garza v. Idaho, 139 S. Ct. 738, 749-50 (2019), holds that a defense attorney offends the Constitution by failing to file a notice of appeal upon the c… |
| 20-5388 | Michael J. Buck v. Texas | Texas | 2020-08-18 | Denied | Response WaivedIFP | adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process inherent-powers sua-sponte sua-sponte-dismissal waiver | 1. Does due process require courts to "treat at least some claims as unwaiveable" on appeal? See Garza, 139 S. Ct. at 145. 2. Does due process guaran… |
| 20-143 | Michael Harrison Lowman, Jr. v. United States | Fourth Circuit | 2020-08-12 | Denied | Response Waived | appeal-waiver circuit-split criminal-procedure disparate-treatment due-process judicial-discretion sentencing unreliable-facts | SHOULD AN APPEAL WAIVER THAT DID NOT EXPRESSLY WAIVE A DUE PROCESS CHALLENGE BE ENFORCED WHERE THE SENTENCING COURT BASED ITS SENTENCE ON UNRELIABLE F… |
| 20-5248 | Robert Bernal, Jr. v. United States | Third Circuit | 2020-08-04 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure plea-agreement restitution restitution-order sentencing statutory-interpretation statutory-limits unlawful-sentence | Whether a defendant's waiver of the right to appeal which explicitly permits appeal of a sentence that "exceeds the applicable statutory limits set fo… |
| 20-5225 | Dion Alexander v. United States | Fourth Circuit | 2020-07-30 | Denied | Response WaivedIFP | appeal-waiver clearly-erroneous coram-nobis garza-v-idaho plea-agreement type-c-plea | Attorneys and judges often misunderstand Type-C plea agreements. When the parties agree to a sentence under Rule 11(c)(1)(C), their agreement is not e… |
| 20-71 | Stephen P. Brown v. United States | Second Circuit | 2020-07-24 | Denied | Response Waived | appeal-waiver certificate-of-appealability criminal-procedure due-process fifth-amendment ineffective-assistance section-2255 sentencing sentencing-review sixth-amendment | Should this Court vacate and remand the Februar y 12, 2020 Order of the U.S. Court of Appeals for the Second Circuit denying a certificate of appealab… |
| 20-5042 | Julian Silva-Aguilar v. United States | Ninth Circuit | 2020-07-13 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent | In deciding that the defendant's guilty plea was supported by an adequate factual basis, and was therefore knowing and intelligent and subject to the … |
| 19-8893 | Darryl Henry v. United States | Fifth Circuit | 2020-07-02 | Denied | Response WaivedIFP | appeal-rights appeal-waiver circuit-split collateral-relief criminal-sentencing involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-rights statutory-entitlement | Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement? |
| 19-8683 | Edgardo Grande v. United States | Fifth Circuit | 2020-06-12 | Denied | Response WaivedIFP | 18-usc-3553a appeal-waiver fairness-integrity-public-reputation judicial-proceedings plea-agreement sentencing sentencing-factors substantial-rights unconscionability unconscionable-contract | 1. Whether the waiver of appeal rights contained in the Plea Agreement is unenforceable since the Plea Agreement is invalid because it is an unconscio… |
| 19-8694 | Joseph D. Rouse v. United States | Sixth Circuit | 2020-06-12 | Denied | Response WaivedIFP | 21-usc-851 appeal-waiver appellate-review due-process mandatory-minimum notice-requirement plea-agreement sentencing sentencing-enhancement statutory-interpretation | Does the express language of 21 U.S.C. § 851 requiring prior written notice of the particular conviction the government seeks to use to enhance a mand… |
| 19-8579 | Jonathan Frank Davis v. United States | Ninth Circuit | 2020-06-01 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea | Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol… |
| 19-8558 | David Hardman v. United States | Eleventh Circuit | 2020-05-28 | Denied | Response WaivedIFP | abuse-of-discretion Anders-review appeal-waiver breach-of-plea-agreement criminal-procedure jurisdiction | DID THE CIRCUIT COURT ERR IN REFUSING TO MAKE A DETERMINATION OF THE VALIDITY OF THE APPEAL WAIVER DURING A REVIEW OF THE RECORD, PURSUANT TO ANDERS v… |
| 19-1282 | Avery Terry v. United States | Fourth Circuit | 2020-05-12 | Denied | Response Waived | 18-usc-924c appeal-waiver constitutional-vagueness crime-of-violence criminal-procedure criminal-procedure-appeal-waiver due-process force-clause hobbs-act hobbs-act-robbery residual-clause sentencing statutory-interpretation unconstitutional-vagueness vagueness-doctrine violent-crime | WHETHER THE COURT OF APPEALS ERRED IN DISMISSING THE APPEAL PURSUANT TO AN INVALID APPEAL WAIVER, AFTER MAKING ERRONEOUS FINDINGS, OVERLOOKING AND MIS… |
| 19-8339 | Juan M. Santiago v. United States | First Circuit | 2020-04-22 | Denied | Response WaivedIFP | appeal-waiver booker booker-error criminal-procedure federal-sentencing mandatory-guidelines miscarriage-of-justice sentencing sentencing-guidelines waiver | WHETHER AN ESTABLISHED BOOKER ERROR (MANDATORY APPLICATION OF THE USSG) CAN BE CONSIDERED PER SE A MISCARRIAGE OF JUSTICE EXCEPTION THAT IS NOT WAIVED… |
| 19-920 | Boulder Young, aka Boulder Daniel McManigal v. United States | Eighth Circuit | 2020-01-23 | Denied | Response Waived | appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver | Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour… |
| 19-7350 | Billy Battenfield v. Oklahoma | Oklahoma | 2020-01-21 | Denied | IFP | aedpa appeal-waiver criminal-procedure critical-stage garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining post-sentencing retroactivity statute-of-limitations | 1. Whether Garza v. Idaho, — U.S. 139 S.Ct. 738, 203 L.Ed.2d 77 (2019) adopts a new watershed rule of procedure that applies retroactively on state co… |
| 19-7352 | Alfredo Godoy-Machuca v. United States | Ninth Circuit | 2020-01-21 | Denied | Response WaivedIFP | appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea | A. Whether the Ninth Circuit Court of Appeals erred in, at least implicitly, concluding that material affirmative misdavice given by defense counsel t… |
| 19-7146 | David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. | Third Circuit | 2020-01-02 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights | 1. Was the petitioner's counsel ineffective in pre-trial stages? 2. Was the petitioner's counsel ineffective during the plea-bargaining process? 3. … |
| 19-7117 | Vance Edward Ingram, III v. United States | Fourth Circuit | 2019-12-31 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-power plea-agreement plea-bargaining waiver | IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 19-7051 | Adan Reyes-Martinez v. United States | Fifth Circuit | 2019-12-23 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights | Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence because of the Waiver of Appeal provision in… |
| 19-791 | Anderson Law Offices, et al. v. Common Benefit Fee and Cost Committee | Fourth Circuit | 2019-12-20 | Denied | appeal-rights appeal-waiver appellate-review civil-procedure common-benefit-fund court-review due-process equitable-relief federal-courts federal-jurisdiction federal-procedure judicial-discretion judicial-responsibilities standing waiver | Whether federal district courts possess the authority to require appeal rights to be waived as a condition for receiving an award available under law.… | |
| 19-6295 | Antonio Flores v. United States | Fifth Circuit | 2019-10-17 | Denied | Response WaivedIFP | appeal-waiver appearance-of-partiality circuit-split constitutional-due-process constitutional-review district-court due-process judicial-bias judicial-impartiality miscarriage-of-justice plea-agreement sentencing-procedure | Does a broad appeal waiver included in a plea agreement between a defendant and the United States preclude appellate review of the district court's fi… |
| 19-6132 | Christian Joseph Chavez v. United States | Fifth Circuit | 2019-10-03 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure due-process judicial-review miscarriage-of-justice plea-agreement sentencing | The Fifth Circui t Court of Appe als has held that to determine whether an appea l of a sente nce is barred by an appe al wai ver pro vision in a plea… |
| 19-5830 | William H. Danielson v. New York | New York | 2019-09-05 | Denied | Response WaivedIFP | appeal-waiver civil-rights criminal-procedure due-process guilty-plea judicial-misconduct prosecutorial-misconduct regulatory-authority standing waiver-of-appeal | 1) Should judicial misconduct survive a waiver of appeal and guilty plea? 2) Should prosecutorial misconduct survive a waiver of appeal and guilty pl… |
| 19-5636 | Roger Garcia v. United States | Fifth Circuit | 2019-08-19 | Denied | Response WaivedIFP | appeal-waiver due-process first-amendment overbreadth-doctrine plea-bargain procedural-bar special-condition special-conditions waiver-of-appeal | 1. Does a waiver of appeal, included in a written plea bargain agreement, procedurally bar the Petitioner's appeal to the Fifth Circuit wherein he arg… |
| 19-5641 | David Anthony Gordon v. United States | Eleventh Circuit | 2019-08-19 | Denied | Response WaivedIFP | appeal-waiver due-process government-breach judicial-assignment judicial-procedure mandatory-minimum plea-agreement safety-valve sentencing sentencing-discretion | Whether, in reaching the decision to affirm in part and to dismiss in part, the Eleventh Circuit Court of Appeals has so far departed from the accepte… |
| 19-5603 | Jonathan Javier Aleman v. United States | Eleventh Circuit | 2019-08-15 | Denied | Response WaivedIFP | appeal-waiver certificate-of-appealability collateral-review constitutional-counsel criminal-case-defendant-rights criminal-defense evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-appeal sentencing sentencing-challenge subject-matter-jurisdiction | 1. This Court provides that a defense attorney must consult with case defendant concerning the defendant's right to appeal and the of waiving that rig… |
| 19-5538 | Timothy Jamaras Burns v. United States | Fifth Circuit | 2019-08-09 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process fifth-circuit habeas-corpus plea-agreement plea-bargaining section-2255 waiver-of-appeal | Whether the Fifth Circuit erred by ruling that Mr. Burns § 2255 claims are barred by the Waiver of Appeal provision in his Plea Agreement. |
| 19-104 | Flavio Tamez v. United States | Fifth Circuit | 2019-07-22 | Denied | Response WaivedRelisted (2) | appeal-waiver appellate-procedure certificate-of-appealability collateral-attack constitutional-effectiveness criminal-defendant-waiver due-process immigration-consequences ineffective-assistance ineffective-assistance-of-counsel jae-lee-v-united-states sentencing-consequences waiver-of-rights | 1. The courts of appeals are divided over whether a criminal defendant's generic waiver of his right to appeal or bring a collateral attack can knowin… |
| 19-5216 | Nicholas Pagliuca v. United States | Second Circuit | 2019-07-17 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states | Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais… |
| 19-5038 | Donald Willems v. United States | Eleventh Circuit | 2019-07-02 | Denied | Response WaivedIFP | appeal-waiver constitutional-protections contract-law criminal-procedure due-process plea-agreement right-to-counsel sixth-amendment speedy-trial | 1. Does an Appeal Waiver which is contained within a Plea Agreement toll the filing of a Notice to Appeal under the Sixth Amendments right to a speed… |
| 18-9581 | Marcus Arenell Evans v. United States | Fifth Circuit | 2019-06-07 | Denied | Response WaivedIFP | appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation | I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpreta… |
| 18-9300 | Devon Waters, aka Devon Jones v. United States | Fourth Circuit | 2019-05-16 | Denied | Response WaivedIFP | appeal-waiver appellate-review career-offender crime-of-violence criminal-defendant-appeal-waiver criminal-procedure drug-distribution drug-distribution-offense sentencing sentencing-guidelines | I. DOES A CRIMINAL DEFENDANT'S WAIVER OF HIS RIGHT TO APPEAL A WITHIN GUIDELINE'S SENTENCE BAR APPELLATE REVIEW WHERE THE DISTRICT COURT IMPROPERLY SE… |
| 18-9303 | Larry Ray Lincks v. United States | Fifth Circuit | 2019-05-16 | Denied | Response WaivedIFP | appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence | I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpreta… |
| 18-9216 | Klark Deziray Hopkins v. California | California | 2019-05-09 | Denied | Response WaivedIFP | appeal appeal-waiver constitutional-rights due-process fourteenth-amendment ineffective-assistance liberty plea-agreement presumption-against-waiver property right-to-appeal | 1. Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause's guaranty against deprivati… |
| 18-9180 | Cesar Arce-Hernandez v. United States | Ninth Circuit | 2019-05-07 | Denied | Response WaivedIFP | appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment | I. Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appea… |
| 18-8831 | Javier Contreras Vargas v. United States | Fifth Circuit | 2019-04-15 | Denied | Response WaivedIFP | appeal-waiver booker booker-remedy constitutional-challenge criminal-procedure due-process plea-agreement public-policy sentencing-enhancement sentencing-guidelines | I. Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpreta… |
| 18-8794 | Ricky Raymond Ball v. United States | Eighth Circuit | 2019-04-11 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release | 1. Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N) when, rather than informing Mr. Ball of the extent to which he was wa… |
| 18-8623 | Justin Cole Milam v. United States | Fourth Circuit | 2019-03-29 | Denied | Response WaivedIFP | appeal-waiver constitutional-review criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing standard-of-review | I. Are appeal waivers presented in federal criminal plea agreements an unconstitutional overreach by the Government preventing review of constitutiona… |
| 18-8349 | Daverne Michael Foy v. United States | Fifth Circuit | 2019-03-08 | Denied | Response WaivedIFP | appeal appeal-waiver civil-rights criminal-procedure due-process judicial-proceedings plain-error sentencing sentencing-guidelines substantial-rights waiver | 1. In Rosales-Mireles, this Court struck down the court of appeals' heightened "shock the conscience" standard for a Rule 52(b) plain error review, an… |
| 18-8264 | Guadalupe Avendano-Vasquez v. United States | Eleventh Circuit | 2019-03-04 | Denied | Response WaivedIFP | appeal-waiver appellate-review civil-procedure criminal-procedure deportation due-process sentencing sentencing-guidelines supervised-release | Whether an appeal waiver precludes review of the sentence of supervised release when the defendant has been deported. Whether an appeal waiver is enf… |
| 18-8183 | Gregory Frank Sperow v. United States | Ninth Circuit | 2019-03-01 | Denied | Response WaivedIFP | appeal-waiver civil-procedure due-process fifth-amendment fundamental-fairness government-breach government-misconduct plea-agreement property-rights rule-11 waiver waiver-provision | Whether the government can breach a Rule .11(c)(1)(C) plea agreement concerning the return of seized properties and then rely on the agreement's waive… |
| 18-7679 | Jeriton Lavar Curry v. United States | Fourth Circuit | 2019-01-30 | Denied | Response WaivedIFP | 18-usc-924(c) appeal-waiver appellate-review constitutional-error criminal-procedure jurisdiction plain-error sentencing sentencing-jurisdiction unconstitutional-sentence | Did the Appeals Court err by granting the Government's motion to enforce an invalid appeal waiver, after determining that Currys' issue was non-frivol… |
| 18-7588 | Frank Odom, Jr. v. United States | Fourth Circuit | 2019-01-25 | Denied | Response WaivedIFP | appeal-waiver district-court due-process fourth-circuit mitigation mitigation-arguments plea-agreement remand sentencing | Does a plea agreement with an appeal waiver waive the right to obtain a remand requiring the district court to actually consider the defendant's mitig… |
| 18-7390 | Martin R. Stancik v. United States | Sixth Circuit | 2019-01-14 | Denied | Response WaivedIFP | appeal appeal-waiver circuit-split constitutional-error constitutional-law criminal-procedure due-process sentencing sixth-circuit waiver | Whether a criminal defendant's waiver of his right to appeal a sentence includes a waiver of the right to appeal a later, unforeseen constitutional du… |
| 18-7089 | Esau Milliner v. Kathy Litteral, Warden | Sixth Circuit | 2018-12-19 | Denied | Response WaivedIFP | appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel | Whether Petitioner was denied the effective assistance of counsel to which he was constitutionally entitled when trial counsel failed to present readi… |
| 18-6851 | Steven Gomez v. United States | Fifth Circuit | 2018-11-28 | Denied | Response WaivedIFP | advisory-sentencing appeal-waiver constitutional-error criminal-procedure due-process judicial-discretion plea-agreement plea-bargaining sentencing-guidelines | Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after ex… |
| 18-6763 | Luis Antonio Bonilla, Jr. v. United States | Fourth Circuit | 2018-11-20 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure judicial-discretion miscarriage-of-justice plea-agreement plea-agreements sentencing sentencing-guidelines sentencing-uniformity | I. WHAT STANDARDS OTHER THAN THE KNOWING AND VOLUNTARY WAIVER STANDARD OF BRADY V. UNITED STATES SHOULD GOVERN THE ENFORCEMENT OF APPEAL WAIVERS IN PL… |
| 18-6549 | Eric Branch v. United States | Fourth Circuit | 2018-11-01 | Denied | Response WaivedIFP | anti-shuttling anti-shuttling-violation appeal-waiver constitutional-violation corrupt-officials due-process garza-v-idaho iada-violation ida-violation ineffective-assistance-of-counsel right-to-counsel roe-v-flores-ortega | WHETHER THE TRIAL COUNSELOR AND EVIDENTIARY COUNSELOR WERE INEFFECTIVE WHEN BOTH COUNSELORS FAILED TO FILE THE APPEAL OR FAILED TO EVEN NOTIFY THE PET… |
| 18-6511 | In Re Ken Ejimofor Ezeah | 2018-10-30 | Denied | Response WaivedIFP | actual-innocence appeal-waiver circuit-split criminal-procedure criminal-procedure-appeal-waiver-guilty-plea-unite guilty-plea inherent-equitable-authority tenth-circuit united-states-v-galloway united-states-v-hahn united-states-v-mccarthy | (1)WHETHER THIS COURT SHOULD EXPAND THE FRAME-WORK DECIDED IN "UNITED STATES V. HAHN",IN THE TENTH CIRCUITS DETERMINATION OF A KNOWING AND VOLUNTARILY… | |
| 18-6358 | Alj Hilton v. United States | Eleventh Circuit | 2018-10-18 | Denied | Response WaivedIFP | and Are Plain and Affect Petitioner's Substantial -and-Are-Plain-and-Affect-Petitioner's-Substantial 18-usc-3661 5th-amendment appeal-waiver appeal-waiver,sentencing-guidelines,criminal-histo criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion mandatory-minimum plain-error sentencing-guidelines substantial-rights trial-court-error Whether the mandatory five-year minimum sentence u | Whether Petitioner's Appeal Waiver Is Inapplicable to Issues of Trial Court Error in Applying Sentencing Guidelines' Enhancements or in Calculating Cr… |
| 18-6030 | Jason M. Smith v. United States | Second Circuit | 2018-09-19 | Denied | Response WaivedIFP | appeal-waiver appellate-waiver collateral-attack constitutional-rights criminal-procedure due-process plea-agreement public-policy sentencing | In the decision under review, the United States Court of Appeals for the Second Circuit held that an appellate waiver provision in petitioner's plea a… |
| 18-5709 | Paul Allen Anderson v. United States | Sixth Circuit | 2018-08-22 | Denied | Response WaivedIFP | 2255-proceeding appeal-waiver certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2255 title-28-usc-2255 | WHETHER AN APPEAL WAIVER CAN BE ENFORCED IN A TITLE 28 U.S.C. § 2255 PROCEEDING WHEN PETITIONER HAS BASED HIS CLAIMS ON INEFFECTIVE ASSISTANCE OF COUN… |
| 18-202 | Haynes Timberland, Inc. v. United States | First Circuit | 2018-08-15 | Denied | Response Waived | appeal-waiver collateral-attack criminal-procedure direct-appeal due-process plea-agreement plea-bargaining pre-sentence-waiver sentencing waiver waiver-of-rights | Whether a defendant, by executing a pre-sentence waiver of the right to a direct appeal of his conviction and sentence, implicitly waives his right to… |
| 18-5510 | Quincy Andre Jones v. United States | Fourth Circuit | 2018-08-08 | Denied | Response WaivedIFP | allocution appeal-waiver direct-appeal due-process fundamental-error fundamental-errors mandatory-guidelines plea-agreement sentencing-guidelines | Whether an appeal waiver in a plea agreement can prohibit a defendant from challenging on direct appeal unforeseeable fundamental errors committed by … |