No. 25-6411

Gregory Johnson, Jr. v. United States

Lower Court: Fifth Circuit
Docketed: 2025-12-22
Status: Pending
Type: IFP
IFP
Tags: appeal-waiver appellate-review criminal-procedure due-process miscarriage-of-justice plea-agreement
Key Terms:
DueProcess
Latest Conference: N/A
Question Presented (AI Summary)

Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court's yet-to-be-made errors as part of a plea agreement, and, if so, what are the limits on the validity and enforceability of such appeal waivers?

Question Presented (OCR Extract)

Petitioner Gregory Johnson’s appeal to the Fifth Circuit was wrongfully dismissed because the record cannot demonstrate a knowing and voluntary waiver of a sentence that constitutes a miscarriage of justice. The questions presented are: Can a criminal defendant knowingly and voluntarily waive the right to appeal a district court’s yet-to-be-made errors as part of a plea agreement, and, if so, what are the limits on the validity and enforceability of such appeal waivers? Relatedly, did the appeal waiver in Mr. Johnson’s case qualify for the so-called “miscarriage of justice” or other exception recognized by numerous appellate courts?

Docket Entries

2026-01-16
Motion to extend the time to file a response is granted and the time is extended to and including February 20, 2026.
2026-01-15
Motion to extend the time to file a response from January 21, 2026 to February 20, 2026, submitted to The Clerk.
2025-11-19
Application (25A552) granted by Justice Alito extending the time to file until December 13, 2025.
2025-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2026)
2025-11-04
Application (25A552) to extend the time to file a petition for a writ of certiorari from November 13, 2025 to January 12, 2026, submitted to Justice Alito.

Attorneys

Gregory Johnson
Stuart D. KottleStuart Kottle, Petitioner
Stuart D. KottleStuart Kottle, Petitioner
Stuart D. KottleStuart Kottle, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent