waiver-of-appeal

19 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6321 Wenlasombo Ilboudo v. United States Eighth Circuit 2025-12-09 Denied Response WaivedIFP criminal-procedure due-process language-barrier rule-11-colloquy sentencing-rights waiver-of-appeal Whether a defendant who speaks no English may properly be determined to have waived his right to appeal a substantively unreasonable sentence without …
25-5866 Davon Anthony Beckford v. United States Third Circuit 2025-10-10 Pending IFP miscarriage-of-justice plea-agreement sentencing-guidelines substantial-assistance third-circuit waiver-of-appeal 1. DOES ENFORCEMENT OF APPELLANT'S WAIVER OF APPEAL AND THE GOVERNMENT'S SUMMARY AFFIRMANCE MOTION OF MR. BECKFORD'S SENTENCE CONSITUTE A MISCARRIAGE …
23-7002 Ayoob Wali v. United States Fifth Circuit 2024-03-15 Denied Response WaivedIFP appellate-review criminal-procedure federal-courts federal-criminal-law miscarriage-of-justice plea-agreement plea-bargaining sentencing waiver-of-appeal Should the court of appeals below recognize a fundamental-miscarriage of-justice exception to a waiver-of-appeal provision of a federal criminal defen…
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…
23-5159 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…
22-7290 Michael Kenneth Howard v. United States Fourth Circuit 2023-04-14 Denied Response WaivedIFP abuse-of-discretion acceptance-of-responsibility criminal-procedure district-court fourth-circuit right-to-appeal sentencing-guidelines waiver waiver-of-appeal I. Whether the Fourth Circuit erred by ruling that Mr. Howard waived his right to appeal whether the District Court erred by not applying Acceptance o…
21-8235 Joshua Dicks v. Natasha Davis Arkansas 2022-06-27 Denied Response WaivedRelisted (2)IFP attorney-diligence civil-procedure due-process fourteenth-amendment indigent-litigants parental-rights pro-se pro-se-litigant waiver-of-appeal Whether the Arkansas Court's application of "attorney diligence" waiver of right to appeal rules to pro se litigants in private termination of parenta…
21-6447 Logan Bailey Lawrence v. United States Fifth Circuit 2021-11-30 Denied Response WaivedIFP appellate-review criminal-sentencing due-process estoppel government-discretion waiver-of-appeal Where the Government strenuously argues for below-Guidelines sentencing, but the District Court refuses, should the Government be estopped from preclu…
20-6737 Christian Alejandro Perez v. United States Fifth Circuit 2020-12-31 Denied Response WaivedIFP appellate-review constitutional-rights criminal-procedure due-process knowingly-and-voluntarily plea-bargain right-of-appeal waiver-of-appeal Was a dismissal of the appeal improper considering the court of appeals' reliance on a waiver of appeal pursuant to a plea bargain in which Mr. Perez …
20-6049 Isidoro Gonzalez-Ferretiz v. United States Fourth Circuit 2020-10-16 Denied Relisted (2)IFP aggravated-felony criminal-procedure deportation-order due-process fifth-amendment immigration judicial-review mendoza-lopez pro-se-alien waiver waiver-of-appeal In Mendoza-Lopez, 481 U.S. 828, 840 (1987), this Court held that the Fifth Amendment prevents the government from using a deportation order to satisfy…
19-1060 Victor Thomas v. New York New York 2020-02-26 Denied Amici (2)Response Waived appeal appellate-jurisdiction criminal-defendant criminal-procedure garza-v-idaho jurisdiction right-to-counsel sixth-amendment supreme-court-precedent waiver waiver-of-appeal Whether a provision in a waiver of appeal that forbids a criminal defendant from filing a notice of appeal, and in so doing also strips superior court…
19-6314 Ralph Willard Savoie v. United States Fifth Circuit 2019-10-21 Denied Response WaivedIFP conflict-of-interest criminal-procedure due-process haymond-v-united-states parole plea-agreement precedent sentencing statutory-interpretation suborned-perjury supervised-release supreme-court supreme-court-precedent united-states-v-watts waiver-of-appeal [1] Can United States v. Watts stand in light of recent holdings in Haymond v. United States? [2] Does a waiver of appeal, in light of Garza v. Idaho…
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…
19-5538 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.
18-7997 Samuel Gregg Allen v. United States Fifth Circuit 2019-02-15 Denied Response WaivedIFP appeal civil-rights constitutional-provision criminal-procedure due-process fifth-circuit plea-agreement unconstitutional waiver waiver-of-appeal Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Allen's Plea Agreement.
18-7447 Christopher E. Lemon v. United States Fifth Circuit 2019-01-16 Denied Response WaivedIFP constitutional constitutional-provision constitutional-rights criminal-procedure due-process fifth-circuit plea-agreement waiver-of-appeal Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Lemon's Plea Agreement.
18-6946 Sergio Louis Trevino v. Texas Texas 2018-12-06 Denied Response WaivedIFP appeal appeal-rights constitutional-challenge criminal-procedure due-process plea-bargaining presentencing-waiver right-to-appeal sentencing sentencing-procedure waiver waiver-of-appeal waiver-validity Constitutionally, when a presentencing waiver of appeal is not bargained for in exchange for an agreed upon sentence, can that waiver be knowingly and…
18-6204 Jermaine Franklin v. United States Fifth Circuit 2018-10-03 Denied Response WaivedIFP appellate-review constitutional-challenge constitutional-law criminal-procedure due-process federal-jurisdiction fifth-circuit plea-agreement plea-bargaining unconstitutional waiver-of-appeal Whether the Fifth Circuit erred by enforcing the unconstitutional Waiver of Appeal provision in Petitioner Franklin's Plea Agreement.