No. 25-5609

Jackie Kavaskia McMillan v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-09-11
Status: Pending
Type: IFP
IFP Experienced Counsel
Tags: appeal-waiver district-court illegal-sentence jurisdictional-challenge plea-agreement sentencing
Key Terms:
Immigration
Latest Conference: 2025-11-21
Question Presented (AI Summary)

Does the appeal waiver in a plea agreement foreclose an appeal raising a claim that a sentence is illegal on its face and thus beyond the district court's authority to impose?

Question Presented (from Petition)

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 “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 , which has divided the Circuits below : an exception for an appeal alleging a facially illegal sentence. Accordingly, the Question Presented here is the following: 1. Does the appeal waiver in Petitioner’s plea agreement foreclose a n appeal raising a claim that his sentence is illegal on its face and thus beyond the authority of the district court to impose at all?

Docket Entries

2025-11-06
DISTRIBUTED for Conference of 11/21/2025.
2025-10-21
Memorandum For The United States of United States submitted.
2025-10-21
Memorandum of respondent United States filed.
2025-10-15
Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2025.
2025-10-14
Motion of United States for an extension of time submitted.
2025-10-14
Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
2025-09-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2025)

Attorneys

Jackie McMillan
Howard Walton Anderson IIITruluck Thomason LLC, Petitioner
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
D. John SauerSolicitor General, Respondent