No. 24-1063

Munson P. Hunter, III v. United States

Lower Court: Fifth Circuit
Docketed: 2025-04-08
Status: Granted
Type: Paid
Amici (7)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: appeal-waiver appellate-procedure circuit-split constitutional-challenge ineffective-assistance sentencing-rights
Key Terms:
DueProcess Punishment JusticiabilityDoctri
Latest Conference: 2025-10-10 (distributed 3 times)
Question Presented (AI Summary)

Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum, and whether an appeal waiver applies when the sentencing judge advises the defendant that he has a right to appeal and the government does not object

Question Presented (from Petition)

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 Court has “ma[de] no statement … on what particular exceptions [to appeal waivers] may be required.” Id. at 238-39 & n.6. In the decision below, the Fifth Circuit reaffirmed its precedent, holding that there are only two grounds on which defendants who sign general appeal waivers may challenge their sentence on appeal: (1) claims of ineffec-tive assistance of counsel, and (2) claims that the sentence exceeds the statutory maximum. The Sixth, Tenth, and Eleventh Circuits adopt a similarly narrow view of the ex-ceptions to general appeal waiv ers. In stark conflict, the First, Second, Fourth, and Ni nth Circuits permit defendants who sign general appeal waivers to raise a broad range of constitutional challenges to their sentences beyond the limited exceptions recognized by the Fifth Circuit and the other courts on its side of the circuit split. The Fifth Circuit below also reaffirmed its precedent holding that an appeal waiver applies even when the sentencing judge advises the defendant that he has a right to appeal and the government does not object to that advice. Although other circuits agree with the Fifth Circuit, the Ninth Circuit squarely holds otherwise, releasing defendants from appeal waivers in identical circumstances. The questions presented are: 1. Whether the only permi ssible exceptions to a general appeal waiver are for clai ms of ineffective assistance of counsel or that the senten ce exceeds the statutory maximum. 2. Whether an appeal waiver applies when the sentencing judge advises the defendant that he has a right to appeal and the government does not object. II STATEMENT OF

Docket Entries

2026-02-13
Reply of Munson P. Hunter, III submitted.
2026-01-22
Record received electronically from the United States District Court for the Southern District of Texas and available with the Clerk.
2026-01-21
CIRCULATED
2026-01-14
Brief of respondent United States filed.
2026-01-09
Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
2026-01-08
Record requested from the United States Court of Appeals for the Fifth Circuit.
2026-01-02
SET FOR ARGUMENT on Tuesday, March 3, 2026.
2025-12-11
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2025-12-11
Amicus brief of Cato Institute, ACLU, ACLU of Texas, Fair and Just Prosecution, Civil Rights Corps, Rutherford Institute submitted.
2025-12-11
Amicus brief of National Association of Federal Defenders submitted.
2025-12-11
Amicus brief of National Association of Criminal Defense Lawyers submitted.
2025-12-11
Amicus brief of Texas Criminal Defense Lawyers Association submitted.
2025-12-11
Brief amicus curiae of National Association of Federal Defenders filed.
2025-12-11
Brief amici curiae of Cato Institute, et al. filed.
2025-12-11
Brief amicus curiae of Texas Criminal Defense Lawyers Association filed.
2025-12-09
Brief amicus curiae of Plea Bargaining Institute filed.
2025-12-09
Amicus brief of Plea Bargaining Institute submitted.
2025-12-04
Joint appendix filed. (Statement of costs filed)
2025-12-04
Brief of petitioner Munson P. Hunter, III filed.
2025-12-04
Brief of Munson P. Hunter, III submitted.
2025-11-05
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 4, 2025. The time to file respondent's brief on the merits is extended to and including January 14, 2026.
2025-10-22
Motion of Munson P. Hunter, III for an extension of time submitted.
2025-10-22
Motion for an extension of time to file the briefs on the merits filed.
2025-10-10
Petition GRANTED.
2025-10-06
DISTRIBUTED for Conference of 10/10/2025.
2025-09-10
Reply of petitioner Munson P. Hunter, III filed. (Distributed)
2025-09-10
Reply of Munson P. Hunter, III submitted.
2025-09-10
DISTRIBUTED for Conference of 9/29/2025.
2025-08-27
Brief of respondent United States in opposition filed.
2025-08-27
Brief of United States in opposition submitted.
2025-07-16
Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2025.
2025-07-15
Motion to extend the time to file a response from July 28, 2025 to August 27, 2025, submitted to The Clerk.
2025-07-15
Motion of United States for an extension of time submitted.
2025-06-25
2025-06-23
Motion to extend the time to file a response is granted and the time is extended to and including July 28, 2025.
2025-06-18
Motion to extend the time to file a response from June 26, 2025 to July 28, 2025, submitted to The Clerk.
2025-06-18
Motion of United States for an extension of time submitted.
2025-05-27
Response Requested. (Due June 26, 2025)
2025-05-20
DISTRIBUTED for Conference of 6/5/2025.
2025-05-08
2025-04-15
Waiver of right of respondent United States to respond filed.
2025-04-15
Waiver of United States of right to respond submitted.
2025-04-04
2025-02-13
Application (24A773) granted by Justice Alito extending the time to file until April 5, 2025.
2025-02-07
Application (24A773) to extend the time to file a petition for a writ of certiorari from March 6, 2025 to April 7, 2025, submitted to Justice Alito.

Attorneys

Brett Morris McAlpin
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Amicus
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Amicus
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Amicus
Cato Institute
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
Clark M. Neily IIICato Institute, Amicus
Cato Institute, ACLU, ACLU of Texas, Fair and Just Prosecution, Civil Rights Corps, Rutherford Institute
Matthew P. CavedonCato Institute, Amicus
Matthew P. CavedonCato Institute, Amicus
Matthew P. CavedonCato Institute, Amicus
Munson P. Hunter, III
Lisa Schiavo BlattWilliams & Connolly LLP, Petitioner
Lisa Schiavo BlattWilliams & Connolly LLP, Petitioner
Lisa Schiavo BlattWilliams & Connolly LLP, Petitioner
National Association of Criminal Defense Lawyers
Justin David WeitzMorgan, Lewis & Bockius LLP, Amicus
Justin David WeitzMorgan, Lewis & Bockius LLP, Amicus
Justin David WeitzMorgan, Lewis & Bockius LLP, Amicus
National Association of Federal Defenders
Jo-Ann Tamila SagarHogan Lovells US LLP, Amicus
Jo-Ann Tamila SagarHogan Lovells US LLP, Amicus
Jo-Ann Tamila SagarHogan Lovells US LLP, Amicus
Plea Bargaining Institute
Lucian Emery DervanBelmont University College of Law, Amicus
Lucian Emery DervanBelmont University College of Law, Amicus
Lucian Emery DervanBelmont University College of Law, Amicus
Texas Criminal Defense Lawyers Association
Kyle Timothy TherrianRosenthal, Kalabus & Therrian, Amicus
Kyle Timothy TherrianRosenthal, Kalabus & Therrian, Amicus
Kyle Timothy TherrianRosenthal, Kalabus & Therrian, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Sarah M. HarrisActing Solicitor General, Respondent