No. 24-1073

Ghislaine Maxwell v. United States

Lower Court: Second Circuit
Docketed: 2025-04-14
Status: Denied
Type: Paid
Amici (1)
Tags: contract-interpretation district-court federal-prosecutors plea-agreement prosecutorial-promise santobello-principle
Key Terms:
FifthAmendment HabeasCorpus Securities Immigration Privacy JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Under Santobello and common principles of contract interpretation, does a promise on behalf of the 'United States' or the 'Government' that is made by a United States Attorney in one district bind federal prosecutors in other districts?

Question Presented (OCR Extract)

This Court long has recognized that “when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled.” Santobello v. New York , 404 U.S. 257 (1971). And, of course, it is well settled that plea agreements and non -prosecution agreements are interpreted using ordinary principles of contract construction, requiring that the plain language of the agreement must govern interpretation and that ambiguities must be resolved against the Government. Nevertheless, Circuits are split on whether promises in a plea agreement in one district on behalf of the “United States” or the “Government” binds the Government in other districts. The question presented here is: Under Santobello and common principles of contract interpretation, does a promise on behalf of the “United States” or the “Government” that is made by a United States Attorney in one district bind federal prosecutors in other districts?

Docket Entries

2025-10-06
Petition DENIED.
2025-07-30
DISTRIBUTED for Conference of 9/29/2025.
2025-07-28
2025-07-28
Reply of Ghislaine Maxwell submitted.
2025-07-14
Brief of respondent United States in opposition filed.
2025-07-14
Brief of United States in opposition submitted.
2025-06-09
Motion to extend the time to file a response is granted and the time is further extended to and including July 14, 2025.
2025-06-06
Motion of United States for an extension of time submitted.
2025-06-06
Motion to extend the time to file a response from June 13, 2025 to July 14, 2025, submitted to The Clerk.
2025-05-09
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2025-05-09
Amicus brief of National Association of Criminal Defense Lawyers submitted.
2025-05-08
Motion to extend the time to file a response is granted and the time is extended to and including June 13, 2025.
2025-05-07
Motion to extend the time to file a response from May 14, 2025 to June 13, 2025, submitted to The Clerk.
2025-05-07
Motion of United States for an extension of time submitted.
2025-04-10
Petition for a writ of certiorari filed. (Response due May 14, 2025)
2025-01-21
Application (24A709) granted by Justice Sotomayor extending the time to file until April 10, 2025.
2025-01-15
Application (24A709) to extend the time to file a petition for a writ of certiorari from February 23, 2025 to April 10, 2025, submitted to Justice Sotomayor.

Attorneys

Ghislaine Maxwell
David Oscar MarkusMarkus/Moss, Petitioner
David Oscar MarkusMarkus/Moss, Petitioner
National Association of Criminal Defense Lawyers
Sara Elizabeth KropfLaw Office of Sara Kropf PLLC, Amicus
Sara Elizabeth KropfLaw Office of Sara Kropf PLLC, Amicus
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Moez Mansoor KabaHueston Hennigan LLP, Respondent
Sarah M. HarrisActing Solicitor General, Respondent