Jackie Kavaskia McMillan v. United States
Immigration
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?
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?