No. 24-6814

Jason Johnson v. United States

Lower Court: Sixth Circuit
Docketed: 2025-03-20
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal-waiver circuit-split criminal-procedure illegal-sentence plea-agreement sentencing-law
Latest Conference: 2025-04-17
Question Presented (AI Summary)

Did the appeal waiver in Petitioner's plea agreement foreclose an appeal claiming that his sentence was illegal on its face and could not lawfully be imposed on any defendant?

Question Presented (OCR Extract)

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 to make a “statement…on what particular exceptions may be required.” Garza v. Idaho , 586 U.S. 232, 238 & n.6 (2019) . This Petition asks this Court to consider one such potential exception: a n appeal alleging an illegal sentence. Several circuits permit such appeals notwithstanding an appeal waiver in a plea agreement. The Sixth Circuit below, however, refused to do so. This Court should resolve the conflict by answering the following question: 1. Did the appeal waiver in Petitioner’s plea agreement foreclose an appeal claiming that his sentence was illegal on its face and could not lawfully be imposed on any defendant ?

Docket Entries

2025-04-21
Petition DENIED.
2025-03-27
DISTRIBUTED for Conference of 4/17/2025.
2025-03-25
Waiver of United States of right to respond submitted.
2025-03-25
Waiver of right of respondent United States to respond filed.
2025-03-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 21, 2025)

Attorneys

Jason Johnson
Howard Walton Anderson IIITruluck Thomason LLC, Petitioner
Howard Walton Anderson IIITruluck Thomason LLC, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
Sarah M. HarrisActing Solicitor General, Respondent