appeal-waiver
173 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-936 | Nadarius Barnes v. United States | Tenth Circuit | 2026-02-06 | Pending | appeal-waiver circuit-split criminal-procedure guilty-plea legal-challenge unconditional-plea | Whether, by entering a guilty plea, a defendant waives his right to appeal his conviction on the basis that the conduct admitted does not constitute t… | |
| 25-6555 | Fredrick Dontae Slade v. United States | Fourth Circuit | 2026-01-13 | Pending | IFP | appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement | 1. IS A DEFEDANT'S RIGHT TO DUE PROCESS OF LAW VIOLATED WHEN THE GOVERNMENT REQUIRES AN APPEAL WAIVER AS PART OF A PLEA AGREEMENT? |
| 25-6533 | Arthur Raffy Aslanian v. United States | Ninth Circuit | 2026-01-09 | Pending | IFP | appeal-waiver appellate-rights criminal-procedure due-process fifth-amendment post-trial-agreement | Whether a post-trial waiver of appeal is unknowing and involuntary, and therefore invalid under the Fifth Amendment, where petitioner was not fully ad… |
| 25-6458 | Matthew Darrel Childers v. United States | Sixth Circuit | 2025-12-31 | Pending | Response WaivedIFP | appeal-waiver criminal-procedure due-process ineffective-assistance mandate-recall sixth-circuit | 1. Whether the Sixth Circuit Court of Appeals erred when it denied without explanation Petitioner's Motion to Recall the Mandate, Strike Reply Brief o… |
| 25-6465 | Ledale Deanthony Sawyer v. United States | Fifth Circuit | 2025-12-31 | Pending | IFP | appeal-waiver appellate-review criminal-procedure habeas-corpus legal-argument sentencing-error | 1. Whether a defendant's appeal waiver bars appellate review of a clear sentencing error when the defendant preserved the exact legal argument below a… |
| 25A756 | Juan L. Calderon Nonbera v. United States | Ninth Circuit | 2025-12-31 | Application | administrative-remedies appeal-waiver due-process exhaustion-requirement immigration-removal section-1326d | Whether an invalid waiver of the right to appeal an immigration judge's decision renders administrative remedies unavailable for purposes of 8 U.S.C. … | |
| 25-6411 | Gregory Johnson, Jr. v. United States | Fifth Circuit | 2025-12-22 | Pending | IFP | appeal-waiver appellate-review criminal-procedure due-process miscarriage-of-justice plea-agreement | 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… |
| 25-6385 | Johnathan Morrison v. United States | Eighth Circuit | 2025-12-16 | Pending | IFP | appeal-waiver appellate-review criminal-procedure district-court miscarriage-of-justice sentencing-guideline | Does the miscarriage of justice exception to appeal waivers apply to an appellate claim that a district court sentenced a defendant under the wrong se… |
| 25-6389 | Kingsley Ita v. United States | Fifth Circuit | 2025-12-16 | Pending | IFP | appeal-waiver circuit-split criminal-procedure due-process plea-agreement sentencing-procedure | I. Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing co… |
| 25-6218 | Kenleone Joe Nyandoro v. United States | Fifth Circuit | 2025-11-24 | Pending | IFP | appeal-waiver controlled-substance firearm-possession ineffective-assistance second-amendment statutory-maximum | 1. Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds… |
| 25A594 | Keith Lashon Bell v. United States | Fourth Circuit | 2025-11-20 | Application | appeal-waiver constitutional-exception criminal-procedure federal-sentencing habeas-corpus plea-agreement | Whether appeal waivers in plea agreements can be enforced when exceptional circumstances or constitutional concerns arise | |
| 25-6142 | John Elwood Tyrone Martin v. United States | Fourth Circuit | 2025-11-17 | Pending | IFP | appeal-waiver criminal-procedure district-court guilty-plea mandate-rule sentencing-error | I. If a court of appeals recognizes a sentencing error and remands for resentencing, does the mandate rule bar the district court from considering a d… |
| 25A552 | Gregory Johnson, Jr. v. United States | Fifth Circuit | 2025-11-12 | Application | appeal-waiver career-offender circuit-split criminal-procedure plea-agreement sentencing-guidelines | Whether a criminal defendant can knowingly and voluntarily waive the right to appeal a district court's sentencing errors as part of a plea agreement,… | |
| 25-5986 | Tovis Ation Richardson v. United States | Fourth Circuit | 2025-10-29 | Pending | IFP | appeal-waiver circuit-split drug-conspiracy firearm-enhancement miscarriage-of-justice sentencing-guidelines | I. The Fourth Circuit and several other circuits apply the U.S.S.G. § 2D1.1(b)(1) enhancement if a firearm is found in any place where a defendant's c… |
| 25A469 | Cedric Ray Jones v. United States | Fifth Circuit | 2025-10-24 | Application | appeal-waiver circuit-split collateral-review constitutional-vagueness plea-agreement section-924(c) | Whether a defendant's general appeal waiver in a plea agreement can preclude challenges to a conviction based on an unconstitutionally vague statutory… | |
| 25-5696 | Anatole Mbe v. United States | Ninth Circuit | 2025-09-22 | Pending | IFP | appeal-waiver criminal-procedure legal-error plea-agreement restitution sentencing | Did petitioner's appeal waiver as part of his plea agreement preclude an appeal challenging the amount imposed for restitution on grounds that the gov… |
| 25A313 | Lairon Graham v. United States | Second Circuit | 2025-09-18 | Presumed Complete | appeal-waiver certiorari due-process ineffective-assistance party-presentation second-circuit | Whether an appellate court's sua sponte reliance on an unargued theory violates the party presentation principle and due process rights of a criminal … | |
| 25-5669 | Stanislav Steven Yelizarov v. United States | Fourth Circuit | 2025-09-17 | Denied | Response WaivedIFP | actual-innocence appeal-waiver ineffective-counsel miscarriage-of-justice plea-agreement resentencing | When a criminal defendant is resentenced after a conviction is vacated because he is actually innocent of the charge, does an appeal waiver in the ple… |
| 25-5620 | Terry Duane Qualls v. United States | Eighth Circuit | 2025-09-12 | Pending | IFP | appeal-waiver categorical-approach controlled-substances-act due-process plea-agreement sentencing | Whether an appeal waiver applies when the sentencing judge advises the defendant that he has the right to appeal and the government does not object. |
| 25-5609 | Jackie Kavaskia McMillan v. United States | Eleventh Circuit | 2025-09-11 | Pending | IFP | appeal-waiver district-court illegal-sentence jurisdictional-challenge plea-agreement sentencing | 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 "wha… |
| 25-5387 | Robert Narvett v. United States | Seventh Circuit | 2025-08-18 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement rule-11-hearing | Did the Appeals Court error by claiming Movants substantial rights were not affected after conceeding that the District Court accepted the Movants ple… |
| 25-5099 | Franklin Ray v. United States | Second Circuit | 2025-07-15 | Denied | Response WaivedIFP | actual-innocence appeal-waiver due-process plea-agreement sixth-amendment statutory-interpretation | After this Court re-interpreted the Aggravated Identity Theft statute in Dubin v. United States, 599 U.S. 110, 132 (2023), Petitioner was factually in… |
| 25-5031 | Michael Odom v. United States | Eighth Circuit | 2025-07-03 | Denied | Response WaivedIFP | appeal-waiver circuit-consensus due-process fifth-amendment plea-agreement sentencing-proceedings | 1. Whether the near consensus determination by the various Circuits to accept appeal waivers in plea agreements that extend to subsequent sentencing p… |
| 24-7478 | Shaquan Dannard McCall v. United States | Fourth Circuit | 2025-06-23 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure defendant-rights due-process plea-agreement | Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement? |
| 24-7166 | David Eugene Rush, Jr. v. United States | Sixth Circuit | 2025-05-09 | Denied | Response WaivedIFP | appeal-waiver consideration constitutional-rights criminal-procedure due-process plea-agreement | Whether an appeal-waiver provision in a plea agreement is enforceable when the agreement provides no actual benefit to the defendant beyond what he wo… |
| 24-7122 | Michael Samuel Dekelbaum v. United States | Fifth Circuit | 2025-05-02 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-bargain sentencing | Whether the Supreme Court should recognize a 'miscarriage of justice' exception to a plea bargain appeal waiver for unanticipated due process and sent… |
| 24-1063 | Munson P. Hunter, III v. United States | Fifth Circuit | 2025-04-08 | Granted | Amici (7)Response RequestedResponse WaivedRelisted (3) | appeal-waiver appellate-procedure circuit-split constitutional-challenge ineffective-assistance sentencing-rights | Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds th… |
| 24-6814 | Jason Johnson v. United States | Sixth Circuit | 2025-03-20 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure illegal-sentence plea-agreement sentencing-law | 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 … |
| 24-6575 | Marshall Ray Scarborough v. United States | Fourth Circuit | 2025-02-14 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement sentencing | Was it error for the Fourth Circuit to enforce Mr. Scarborough's appeal waiver to bar his sentencing appeal, and should this Court grant certiorari an… |
| 24-6543 | Devin Chaney v. United States | Fifth Circuit | 2025-02-11 | Pending | Response RequestedResponse WaivedRelisted (4)IFP | appeal-waiver criminal-procedure due-process miscarriage-of-justice plea-agreement sentencing-error | 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… |
| 24A773 | Munson P. Hunter, III v. United States | Fifth Circuit | 2025-02-11 | Presumed Complete | appeal-waiver circuit-split constitutional-challenge criminal-procedure plea-agreement sentencing-rights | Whether a criminal defendant's appeal waiver in a plea agreement can be invalidated by a sentencing judge's statement about the right to appeal or by … | |
| 24-6505 | Jerome Jones v. United States | Fifth Circuit | 2025-02-07 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | appeal-waiver circuit-split criminal-procedure plea-agreement sentencing-error statutory-right | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made errors as part of his plea agreemen… |
| 24-6081 | Christopher Zamarripa v. United States | Fifth Circuit | 2024-12-05 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure effective-assistance-of-counsel plea-agreement sentencing sixth-amendment | Whether Zamarripa was denied effective assistance of counsel under the Sixth Amendment when his counsel advised him to accept a plea agreement that wa… |
| 24-6060 | Albert Trampis Dogskin v. United States | Ninth Circuit | 2024-12-03 | Denied | Response WaivedIFP | appeal-waiver circuit-split false-information judicial-discretion plea-agreement sentencing-error | Whether there is an exception to an appeal waiver in a plea agreement where the district court relied on false or unreliable information in sentencing |
| 24-5601 | In Re David Wayne Nelson | 2024-09-20 | Denied | IFP | appeal-waiver constitutional-rights court-appointed-counsel indigent-defendant procedural-due-process right-to-counsel | Whether prejudice is presumed when a court-appointed attorney fails to follow state 'adoption' procedures for an indigent defendant's appeal rights an… | |
| 24-5506 | Rustam Yusupov v. United States | Ninth Circuit | 2024-09-10 | Denied | Response WaivedIFP | appeal-waiver constitutional-challenge criminal-conviction second-amendment statutory-interpretation unlawful-possession | Whether Rustam Yusupov's conviction for unlawful possession of ammunition under 18 U.S.C. § 922(g)(8) violates the Second Amendment and whether his ap… |
| 24-5333 | Jamal Mohammad Eleidy v. United States | Fourth Circuit | 2024-08-15 | Denied | Response WaivedIFP | appeal-waiver deportation illegal-sentence sentencing-condition statutory-interpretation supervised-release | Whether an appeal waiver precludes appellate review of an illegal sentence imposing deportation as a supervised release condition for a U.S. citizen w… |
| 23-7752 | Mark Edmond Brown, Jr. v. United States | Sixth Circuit | 2024-06-18 | Denied | Response WaivedIFP | appeal-waiver coram-nobis due-process guilty-plea miscarriage-of-justice sentence sentencing-rights sixth-circuit | Whether a defendant's appeal waiver bars the filing of a coram nobis petition following full service of his sentence |
| 23-7630 | Jamaal Elwood Dance v. United States | Fourth Circuit | 2024-06-04 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure constitutional-law contract-law criminal-procedure judicial-enforcement jurisdiction plea-agreement | Was the appeal barred by the appeal waiver in the plea agreement? |
| 23-7571 | Corey Goings v. United States | Sixth Circuit | 2024-05-28 | Denied | Response WaivedIFP | appeal-rights appeal-waiver constitutional-rights criminal-procedure due-process plea-agreement plea-bargaining racial-discrimination sentencing | Whether the Plea Agreement's general waiver of appeal rights included a waiver of appealing a sentence based on the impermissible factor of race |
| 23-1188 | Jonathon Owen Shroyer v. United States | District of Columbia | 2024-05-03 | Denied | Response Waived | appeal-waiver first-amendment free-speech protected-speech relevant-conduct relevant-offense-conduct sentencing substantive-reasonableness | Whether a prison sentence imposed as a result of the consideration of protected speech as 'relevant offense conduct' violates the First Amendment and … |
| 23-7332 | Angel De Jesus Castillo-Godoy v. United States | First Circuit | 2024-04-29 | Denied | Response WaivedIFP | appeal-waiver burden-of-proof criminal-procedure due-process fifth-amendment government-defense jurisdiction opening-brief reply-brief sixth-amendment | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-7223 | Daquan Doral Carter v. United States | Fourth Circuit | 2024-04-15 | Denied | Response WaivedIFP | appeal-waiver arraignment criminal-procedure district-court due-process merits-review plea-agreement plea-bargaining rule-11 sentencing | Can the Government invoke an appeal waiver to preclude merits review of an appeal when the district court failed to specifically question the defendan… |
| 23-7035 | Anderson Garcia v. United States | Second Circuit | 2024-03-20 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure dominguez-benitez due-process guilty-plea plea-agreement plea-bargaining sentencing | Whether a defendant who pleads guilty and appeals his sentence, challenging his appeal waiver as unknowing, must show both that the waiver was unknowi… |
| 23-1022 | Nancy Martin v. United States | Tenth Circuit | 2024-03-18 | Denied | Amici (1) | appeal-waiver circuit-split criminal-procedure due-process factual-basis guilty-plea plea-agreement plea-bargaining | Whether a plea agreement's appeal waiver can bar a defendant from pursuing a claim that the plea rested on an inadequate factual basis |
| 23-7003 | Kenneth Malik Wise v. United States | Fourth Circuit | 2024-03-15 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process fourth-circuit knowingly-waived plea-agreement sentencing sentencing-argument | Did the United States Court of Appeals for the Fourth Circuit err by concluding that Appellant Kenneth Malik Wise knowingly and voluntarily waived his… |
| 23-6774 | Tremayne Silas v. United States | Eighth Circuit | 2024-02-16 | Denied | Response WaivedIFP | ambiguity appeal-waiver circuit-court criminal-appeal guilty-plea involuntary involuntary-plea legal-ambiguity summary-reversal | Whether this Court should summarily reverse the Eighth Circuit's dismissal of Silas's appeal when the appeal waiver is ambiguous as to whether it appl… |
| 23-6405 | Brian K. Allen v. United States | Eighth Circuit | 2024-01-03 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process evidentiary-hearing federal-circuit fundamental-rights plea-agreement sentencing sentencing-procedure | Whether the near consensus Federal Circuit Courts of Appeals' application of plea agreement appeal waivers as to subsequent sentencing proceedings, wh… |
| 23-6165 | Jesus Del Valle Gonzalez-Rodriguez v. United States | First Circuit | 2023-12-05 | Denied | Response WaivedIFP | appeal-waiver brief-filing burden-of-proof court-of-appeals criminal-procedure due-process government-defense opening-brief plea-agreement reply-brief | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-6121 | Jemare Ray McNair, aka Head v. United States | Fourth Circuit | 2023-11-28 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers career-offender criminal-law criminal-procedure due-process federal-sentencing plea-agreement plea-bargaining sentencing sentencing-enhancement | Whether career offender status should be subject to appeal waivers in plea agreements where a defendant has a legitimate argument that he was not a ca… |
| 23-6086 | Luis Alberto Marcano-Godoy v. United States | First Circuit | 2023-11-21 | Denied | Response WaivedIFP | appeal-waiver criminal-defendant criminal-procedure government-defense opening-brief procedural-rule reply-brief | Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver… |
| 23-537 | Faisal Ashraf, aka Sal v. United States | Ninth Circuit | 2023-11-20 | Denied | Amici (1) | appeal-waiver circuit-split computer-fraud-and-abuse-act criminal-procedure due-process factual-basis federal-rules-of-criminal-procedure plea-agreement | Whether the federal courts of appeals can refuse to consider a challenge to the sufficiency of the factual basis for a guilty plea when the plea agree… |
| 23-5978 | Brian Keith Person, Jr. v. United States | Fourth Circuit | 2023-11-08 | Denied | Response WaivedIFP | appeal-waiver appellate-review constitutional-rights criminal-procedure due-process fourth-circuit knowing-voluntary plea-agreement plea-bargaining voluntariness | Whether the Fourth Circuit erred by dismissing Mr. Person's appeal pursuant to an appeal waiver when he argued that his plea was not knowing and volun… |
| 23-5790 | Brock Brian Beeman v. United States | Fourth Circuit | 2023-10-16 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure due-process fourth-circuit notice-requirements plea-agreement rule-32 sentencing sentencing-notice | Did the Fourth Circuit err in upholding the Petitioner's appeal waiver to preclude his claim that the trial court violated the notice provisions of Ru… |
| 23-5739 | Daniel Ray Metsinger v. United States | Fifth Circuit | 2023-10-10 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit jurisdiction plea-agreement plea-bargaining sentencing waiver | Whether the Fifth Circuit erred by dismissing Mr. Metsinger's appeal based on the waiver of appeal provision in his Plea Agreement |
| 23-5688 | Angel Marie Jordan v. United States | Fifth Circuit | 2023-10-02 | Denied | Response WaivedRelisted (2)IFP | appeal-waiver constitutional-challenge criminal-justice criminal-procedure double-jeopardy due-process plea-agreement right-to-appeal | Does a facially valid and credible good faith claim of a Double Jeopardy violation constitute a 'constitutionally impermissible factor' which cannot b… |
| 23A259 | Faisal Ashraf, aka Sal v. United States | Ninth Circuit | 2023-09-21 | Presumed Complete | appeal-waiver cfaa-authorization computer-fraud-and-abuse-act guilty-plea sufficiency-of-factual-basis van-buren | Whether an appellate court may enforce an appeal waiver in a plea agreement to preclude review of a challenge to the sufficiency of the factual basis … | |
| 23-5550 | Joseph Jones v. United States | Eleventh Circuit | 2023-09-08 | Denied | Response WaivedIFP | appeal-waiver circuit-court civil-procedure contractual-law due-process plea-agreement sentence-appeal-waiver sentencing standing | Whether the Appellant's rights were violated when the Eleventh Circuit Court of Appeals enforced a sentence appeal waiver in a plea agreement that was… |
| 23-5435 | Marques Webb v. United States | Fifth Circuit | 2023-08-24 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-default waiver | Whether the Fifth Circuit erred by dismissing Mr. Webb's appeal based on the waiver of appeal provisions in his Plea Agreement |
| 23-5320 | Curtis Lavon Magee v. United States | Fifth Circuit | 2023-08-09 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Magee's appeal based on the waiver of appeal provisions in his Plea Agreement |
| 23-5159 | Juan Jabari Hollis v. United States | Tenth Circuit | 2023-07-21 | Denied | Response WaivedIFP | advisory-guidelines appeal-waiver categorical-approach controlled-substance-offense controlled-substance-offenses criminal-sentencing federal-sentencing miscarriage-of-justice sentencing-guidelines waiver-of-appeal | Whether the calculation of the defendant's advisory guideline range, which influenced the sentence imposed, constituted a miscarriage of justice when … |
| 23-5174 | Dionte Houff v. United States | Ninth Circuit | 2023-07-21 | Denied | Response WaivedIFP | appeal-waiver circuit-split constitutional-statute jurisdiction plea-agreement retroactive-application statutory-and-constitutional-issues supreme-court-precedent waiver-of-appeal | Can a plea agreement that contains a waiver of appeal bar a direct appeal of a conviction and/or sentence based on a statute that this Court later rul… |
| 23-5154 | Justin Christopher Smith v. United States | Sixth Circuit | 2023-07-20 | Denied | Response WaivedIFP | appeal-waiver armed-career-criminal-act criminal-procedure ineffective-assistance ineffective-assistance-of-counsel prior-convictions sentencing statutory-interpretation statutory-sentencing violent-felony violent-offense | Whether an appeal waiver can bar an attack on an enhanced statutory sentence? |
| 23-5004 | Gregory L. Randle v. United States | Fifth Circuit | 2023-06-30 | Denied | Response WaivedIFP | appeal-waiver appellate-jurisdiction appellate-review criminal-procedure due-process fifth-circuit plea-agreement plea-bargaining procedural-waiver right-to-appeal waiver | Whether the Fifth Circuit erred by dismissing Mr. Randle's appeal based on the waiver of appeal provisions in his Plea Agreement |
| 22-7840 | Cordelro Desean Shoulders v. United States | Fifth Circuit | 2023-06-22 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review jurisdiction plea-agreement plea-bargaining procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Shoulders' appeal based on the waiver of appeal provisions in his Plea Agreement |
| 22-7584 | Kahliq Williams v. United States | Fifth Circuit | 2023-05-17 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process plea-agreement policy-concerns sentencing-errors | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7587 | John Wayne Spell v. United States | Fifth Circuit | 2023-05-17 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure due-process fifth-circuit judicial-review plea-agreement procedural-error waiver | Whether the Fifth Circuit erred by dismissing Mr. Spell's appeal based on the waiver of appeal provisions in his Plea Agreement |
| 22-7569 | Andrew Payton v. United States | Fifth Circuit | 2023-05-16 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors voluntary-forfeiture | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-7518 | John William Iron Road v. United States | Eighth Circuit | 2023-05-10 | Denied | IFP | appeal-waiver appellate-review circuit-split criminal-sentencing proximate-causation proximate-cause restitution restitution-award sentencing statutory-interpretation unlawful-award | Whether an appellate court should enforce an appeal waiver where the appeal challenges an unlawful restitution award? |
| 22-7494 | Floyd Ellis Wyche v. United States | Eleventh Circuit | 2023-05-09 | Denied | Response WaivedIFP | appeal-waiver conviction conviction-appeal criminal-procedure due-process plea-bargaining plea-colloquy rule-11 sentencing | Is the petitioner's conviction appeal waiver valid absent any indication in the plea colloquy that he understood and voluntarily agreed to the waiver? |
| 22-7480 | Elbert Silas v. United States | Fifth Circuit | 2023-05-08 | Denied | Response WaivedIFP | appeal-waiver constitutional-provisions criminal-procedure due-process index-of informed-consent procedural-rights reason-for-granting-the-writ sentencing-guidelines | Whether Mr. Silas's due process rights were violated |
| 22-7361 | Demonte Tretion Kelly v. United States | Fifth Circuit | 2023-04-25 | Denied | Response WaivedIFP | appeal-waiver appellate-waiver circuit-split criminal-procedure due-process intellectual-disability miscarriage-of-justice sentencing-guidelines | Whether appellate waivers in federal criminal cases contain an implied exception for miscarriage-of-justice |
| 22-6970 | Jeffrey Kesten v. United States | Tenth Circuit | 2023-03-08 | Denied | Response WaivedIFP | appeal-waiver constitutional-law criminal-procedure due-process judicial-enforcement mens-rea plea-agreement | Can a court enforce an appeal waiver from a plea agreement when the defendant was not informed of and did not plea to the proper mens rea element for … |
| 22-6838 | Demetri D. Beachem, aka Demetrius D. Beachem v. United States | Seventh Circuit | 2023-02-22 | Denied | Response WaivedRelisted (9)IFP | appeal-waiver criminal-procedure criminal-sentencing due-process ineffective-assistance-of-counsel involuntary-plea miscarriage-of-justice plea-agreement plea-bargaining sentencing-guidelines | Whether a court can consider dismissed or uncharged conduct in sentencing |
| 22-6702 | Jason Boyet v. United States | Fifth Circuit | 2023-02-06 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-defendant criminal-procedure defendant-rights due-process plea-agreement sentencing-error sentencing-errors waiver-enforceability | Can a criminal defendant knowingly and voluntarily forfeit his right to appeal the district court's yet-to-be-made sentencing errors as part of his pl… |
| 22-6289 | Kevin Singleton v. United States | Fifth Circuit | 2022-12-13 | Denied | Response WaivedIFP | appeal appeal-waiver constitutional-rights criminal-procedure fifth-circuit judicial-review plea-agreement plea-bargaining procedural-history waiver | Whether the Fifth Circuit erred by dismissing Mr. Singleton's appeal based on the waiver of appeal provisions in his Plea Agreements |
| 22-6106 | David Shane Paquette v. United States | Eleventh Circuit | 2022-11-18 | Denied | Response WaivedIFP | appeal-waiver circuit-split contract-law criminal-procedure defendant-rights due-process plea-agreement | Whether an appeal-waiver provision in a plea agreement is enforceable when the agreement provides the defendant with no benefit |
| 22-6108 | Jose Luis Ramirez, Jr., aka Zachary Matthew Johnson v. United States | Fourth Circuit | 2022-11-18 | Denied | Response WaivedIFP | appeal-waiver criminal-conviction criminal-procedure fourth-circuit ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud | Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of his conviction of securit… |
| 22-6042 | Ryan Hayes v. United States | First Circuit | 2022-11-10 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure discretionary-review due-process equal-protection first-circuit sentencing | Whether the First Circuit erred in affirming the denial of a role reduction and in failing to find a violation of due process and equal protection, ba… |
| 22-5491 | John Michael Ward v. United States | Fifth Circuit | 2022-09-01 | Denied | Response WaivedIFP | appeal-waiver constitutional-vagueness criminal-law criminal-statute federal-procedure ineffective-assistance ineffective-assistance-of-counsel overbreadth statutory-interpretation vagueness | Was the U.S. District Court's interpretation of 18 U.S.C. § 2251(a) vague and overbroad, and did Petitioner's attorney render ineffective assistance o… |
| 22-5446 | Jose Francisco Maldonado-Rosa v. United States | Fifth Circuit | 2022-08-25 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement sentencing waiver waiver-of-rights | Whether the Fifth Circuit erred by ruling that Mr. Maldonado waived the right to appeal his sentence |
| 22-5135 | Joshua Jay Schroeder v. United States | Ninth Circuit | 2022-07-19 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure federal-rules plea-agreement right-to-appeal sentencing | Does a defendant retain the right to appeal a sentence if, after imposition of the sentence, the district court advises the defendant of the right to … |
| 22-5107 | Marcus Dwayne Pemberton v. United States | Fourth Circuit | 2022-07-14 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure miscarriage-of-justice plea-agreement plea-agreements sentencing-guideline sentencing-guidelines | Should standards other than the knowing and voluntary waiver standard of Brady v. United States govern the enforcement of appeal waivers in plea agree… |
| 22-5018 | Michael Allen Long v. United States | Fifth Circuit | 2022-07-01 | Denied | Response WaivedIFP | appeal appeal-waiver appellate-review criminal-procedure fifth-circuit jurisdiction plea-agreement plea-bargaining procedural-error standard-of-review waiver | Whether the Fifth Circuit erred by finding that Mr. Long's appeal should be dismissed based on the waiver of appeal provision in his Plea Agreement |
| 22-5007 | Lann Tjuan Clanton, aka Tjuan v. United States | Fourth Circuit | 2022-06-30 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure federal-sting federal-sting-operation fourth-circuit ineffective-assistance ineffective-assistance-of-counsel plea-agreement | Whether the Fourth Circuit erred in dismissing petitioner's appeal pursuant to a plea agreement waiver after petitioner won the right to file a belate… |
| 21-8236 | Edward Toliver v. United States | Fifth Circuit | 2022-06-27 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers circuit-split criminal-defendant criminal-procedure due-process fair-trial fairness-doctrine plea-agreement sentencing-guidelines | Are plea agreement appeal waivers that forfeit a criminal defendant's right to challenge errors in the district court's interpretation and application… |
| 21-7824 | Jerome Scott King v. United States | Eighth Circuit | 2022-05-10 | Denied | Response WaivedIFP | appeal-waiver appellate-review criminal-procedure defendant-rights due-process plea-agreement plea-bargaining sentencing voluntary-waiver | Whether a provision in a plea agreement that bars a defendant from appealing a sentence of imprisonment violates due process and whether it can be kno… |
| 21-7735 | Erskin Bernard Perryman v. United States | Sixth Circuit | 2022-04-28 | Denied | Response WaivedIFP | appeal-waiver appellate-waiver base-offense-level criminal-procedure due-process judicial-review minor-participant plea-agreement sentencing-guidelines sixth-circuit | Whether the trial court calculated the petitioner's guideline range correctly |
| 21-7707 | Jerome Lamar Pitts v. United States | Eleventh Circuit | 2022-04-26 | Denied | Response WaivedIFP | appeal-waiver constitutional-law constitutional-violation criminal-procedure due-process legal-remedy plea-agreement plea-bargaining sentencing-guidelines | Whether a miscalculated Sentencing Guideline violates Due Process enough to count as a 'sentence in violation of the Constitution or laws of the Unite… |
| 21-7619 | Jarbarri Randale Wall v. United States | Fourth Circuit | 2022-04-14 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure federal-law plea-agreement sentencing sentencing-condition statutory-authority statutory-maximum supervised-release | Whether a special condition of supervised release that is not authorized by statute constitutes a sentence beyond the statutory maximum, and is theref… |
| 21-7507 | Valedia Gross v. First NLC Financial Services, LLC, et al. | Maryland | 2022-03-31 | Denied | IFP | appeal appeal-waiver case-reopening civil-procedure court-intervention default-judgment legal-procedure motion-to-vacate standing timeliness waiver | did-the-court-of-special-appeals-err-in-holding-that-ms-gross-waived-her-right-to-appeal |
| 21-7482 | Gregory Jean-Louis v. United States | Fifth Circuit | 2022-03-29 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure circuit-split criminal-appeal criminal-defendant criminal-procedure defendant-rights due-process judicial-review sentencing waiver-exception | Whether the United States Supreme Court should grant certiorari to resolve the circuit split regarding the exception to a criminal defendant's valid w… |
| 21-1275 | Abetubokun Adesioye v. United States | Fourth Circuit | 2022-03-22 | Denied | Response Waived | appeal appeal-waiver court-of-appeals criminal-appeal criminal-procedure due-process plea-bargaining right-to-appeal rule-11-colloquy sentencing sentencing-guidelines waiver | Did the Court of Appeals err in finding that the petitioner knowingly and intelligently waived his right of appeal |
| 21-7190 | Jason Terrell v. United States | Fourth Circuit | 2022-02-24 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights court-of-appeals due-process jurisdiction merits plea-agreement procedural-facts standard-of-review | Whether the court of appeals erred by dismissing the appeal based upon an appeal waiver contained in the plea agreement and should have addressed Mr. … |
| 21-7169 | Latwon James v. United States | Fourth Circuit | 2022-02-22 | Denied | Response WaivedRelisted (2)IFP | appeal appeal-waiver criminal-procedure due-process fourth-circuit plea-agreement plea-bargaining sentencing sentencing-factors supervised-release waiver | Whether the Fourth Circuit erroneously dismissed Mr. James's appeal based on a plea-agreement-waiver |
| 21-6987 | Marcus Antonio Grubbs v. United States | Eleventh Circuit | 2022-01-27 | Denied | Response WaivedIFP | appeal-waiver contract-law criminal-procedure defendant-rights due-process miscarriage-of-justice procedural-waiver sentencing | Whether a defendant can knowingly, voluntarily, and/or intelligently execute an appeal waiver of conduct yet to occur in the proceedings, vis-à-vis se… |
| 21-6888 | Ryan Kenneth Richmond, aka Rich v. United States | Fourth Circuit | 2022-01-18 | Denied | Response WaivedIFP | appeal-waiver appellate-review attempted-murder criminal-defendant criminal-procedure plea-agreement relevant-conduct sentencing-guidelines | Does a criminal defendant's waiver of his right to appeal a within guideline's sentence bar appellate review where the district court used a cross ref… |
| 21-6644 | Ashot Minasyan v. United States | Ninth Circuit | 2021-12-16 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process plea-agreement plea-bargaining prosecutorial-misconduct sentencing voluntary-plea | Whether Minasyan's waiver of appeal is unenforceable |
| 21-6210 | Tony Bowen v. United States | Sixth Circuit | 2021-11-08 | Denied | Response WaivedIFP | appeal-waiver armed-career-criminal-act conviction-counting felon-in-possession sentencing sentencing-enhancement state-law statutory-maximum | Whether the maximum penalty is 10 years or life when a defendant pleads guilty to felon-in-possession and waives appeal rights except for exceeding st… |
| 21-5961 | David K. Horsley v. Ohio | Ohio | 2021-10-14 | Denied | Relisted (2)IFP | appeal-waiver appellate-procedure constitutional-interpretation criminal-procedure due-process garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel procedural-rule sixth-amendment state-appellate-procedure | Whether the holding in Garza v. Idaho, 586 U.S. 10 (2019) applies to Ohio App. R. 26(B)(1) which requires a defendant to prove ineffective assistance … |
| 21-5937 | Odilon Martinez-Rojas v. United States | Second Circuit | 2021-10-08 | Denied | Response WaivedIFP | appeal-waiver due-process fifth-amendment plea-agreement sentencing-procedure sixth-amendment | Whether a plea agreement's appeal waiver can bar a defendant from challenging the unconstitutionality of a sentencing procedure |
| 21-5712 | George Ferrer Sanchez v. United States | Eleventh Circuit | 2021-09-20 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process judicial-review plea-agreement plea-bargaining prosecutorial-discretion right-to-appeal sentencing | Whether appeal waivers in plea agreements are enforceable |
| 21-5340 | Gerald Allen Hiler v. United States | Ninth Circuit | 2021-08-11 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure district-court factual-basis federal-rules-of-criminal-procedure guilty-plea plea-agreement sentencing | Does a federal criminal defendant's valid waiver of appeal in a plea agreement bar the defendant from an appeal that challenges the sufficiency of the… |
| 21-5098 | Hal Herring Brown, Jr. v. United States | Fourth Circuit | 2021-07-15 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure fourth-circuit ineffective-assistance ineffective-assistance-of-counsel money-laundering plea-agreement plea-bargaining securities-fraud | Whether the United States Court of Appeals for the Fourth Circuit erred in dismissing the petitioner's meritorious appeal of his conviction for securi… |
| 20-8388 | Jonathan Aaron Leal v. United States | Fifth Circuit | 2021-06-22 | Denied | Response WaivedIFP | appeal-waiver appellate-review due-process federal-sentencing illegal-sentence plea-agreement post-conviction-relief | Should an appeal waiver provision in a plea agreement bar appellate or post-conviction relief from an illegal federal sentence? |
| 20-8111 | Taariq Kaaleeq Jackson-Bey v. United States | Eighth Circuit | 2021-05-24 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights due-process evidentiary-hearing felon-in-possession guilty-plea henderson-v-united-states judicial-review liberty-review notice post-conviction-relief | Whether the petitioner's guilty plea to possession of a firearm by a convicted felon under 18 U.S.C. § 922(g) was not knowingly and intelligently made… |
| 20-7656 | James Robert Monson v. United States | Sixth Circuit | 2021-04-06 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights due-process fundamental-rights intentional-misconduct prosecutorial-misconduct sentencing united-states-attorney | Whether the United States Attorney Offices' standard appeal waiver violates due process of law |
| 20-7543 | Victor Real-Alomar, aka Toston v. United States | First Circuit | 2021-03-24 | Denied | Response WaivedIFP | appeal appeal-waiver burden-of-proof constitutional-rights criminal-procedure first-amendment ninth-amendment plea-agreement plea-bargaining pretrial-detainee waiver | Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the governme… |
| 20-7473 | Ivan Dario Obregon v. United States | Fifth Circuit | 2021-03-17 | Denied | Response WaivedIFP | appeal-waiver criminal-law criminal-sentencing due-process federal-jurisdiction federal-procedure judicial-discretion plain-error plea-agreement sentencing-error sentencing-guidelines | Are unforeseeable sentencing mistakes beyond the scope of federal appeal waivers? |
| 20-1095 | Darius Wayne Haws v. Idaho | Idaho | 2021-02-10 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | appeal-waiver appellate-rights constitutional-rights criminal-procedure due-process fifth-amendment fourteenth-amendment guilty-plea plea-agreement | Whether a criminal defendant's purported waiver of the right to appeal is knowing, intelligent, and voluntary |
| 20-6668 | Christopher Zamarripa v. United States | Fifth Circuit | 2020-12-21 | Denied | IFP | ambiguity appeal-waiver circuit-split criminal-procedure district-court due-process judicial-interpretation plea-bargaining plea-colloquy procedural-ambiguity | Does a district court's mischaracterization, during the plea colloquy, of an appeal waiver create an ambiguity that must be construed against the gove… |
| 20-6521 | Hector Valdez v. United States | First Circuit | 2020-12-03 | Denied | Response WaivedIFP | appeal-waiver appellate-review criminal-procedure first-step-act retroactivity sentencing statutory-interpretation waiver-of-rights | Whether a defendant's pre-First Step Act waiver of appeal rights applies to claims based on the First Step Act's passage |
| 20-6426 | Jose Farias-Valdovinos v. United States | Eighth Circuit | 2020-11-24 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure factual-basis mens-rea plea-bargaining plea-colloquy rule-11 specific-intent specific-intent-crime | Whether the district court's omission of an independent inquiry into a defendant's mens rea during the Rule 11 plea colloquy for a specific intent cri… |
| 20-6382 | Randall Allen Eplion, Jr. v. United States | Fourth Circuit | 2020-11-19 | Denied | Response WaivedIFP | appeal-waiver appellate-review criminal-procedure due-process federal-criminal-practice plea-agreement sentencing standing waiver | Whether a provision in a plea agreement which bars the defendant from appealing 'the right to seek appellate review of . . . any sentence of imprisonm… |
| 20-6147 | Shane Anthony Roberts v. United States | Eighth Circuit | 2020-10-28 | Denied | Response WaivedIFP | appeal-waiver appellate-review court-of-appeals criminal-procedure plea-agreement plea-bargaining sentencing statutory-interpretation statutory-right waiver | Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence |
| 20-5862 | Markey Antonio Goldston v. United States | Fourth Circuit | 2020-09-30 | Denied | Response WaivedIFP | appeal-waiver appellate-rights constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-overreach plea-agreement plea-bargaining | Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement? |
| 20-5771 | Taveon Nixon v. United States | Fourth Circuit | 2020-09-24 | Denied | Response WaivedIFP | appeal-waiver due-process miscarriage-of-justice procedural-reasonableness sentencing statutory-maximum substantive-reasonableness | whether-the-trial-court's-overt-consideration-of-the-existence-and-nature-of-an-appeal-waiver-prior-to-varying-upward-to-the-statutory-maximum-sentenc… |
| 20-5577 | Malik Timbers v. United States | Eleventh Circuit | 2020-09-02 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process guilty-plea minor-role-reduction plea-bargaining sentence-appeal-waiver sentencing sentencing-guidelines violence-enhancement weapon-enhancement | Whether the guilty plea was voluntary and the sentence-appeal waiver enforceable |
| 20-5467 | Carlos Michael Lopez v. Texas | Texas | 2020-08-24 | Denied | IFP | adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process garza-v-idaho inherent-powers sua-sponte-dismissal waiver | Does due process require courts to treat at least some claims as unwaiveable on appeal? |
| 20-5388 | Michael J. Buck v. Texas | Texas | 2020-08-18 | Denied | Response WaivedIFP | adversarial-process appeal appeal-waiver appellate-procedure constitutional-rights due-process inherent-powers sua-sponte sua-sponte-dismissal waiver | Whether due process requires courts to treat certain claims as unwaivable on appeal, whether due process guarantees a limited right to appeal, and whe… |
| 20-143 | Michael Harrison Lowman, Jr. v. United States | Fourth Circuit | 2020-08-12 | Denied | Response Waived | appeal-waiver circuit-split criminal-procedure disparate-treatment due-process judicial-discretion sentencing unreliable-facts | Should an appeal waiver that did not expressly waive a due process challenge be enforced where the sentencing court based its sentence on unreliable f… |
| 20-5248 | Robert Bernal, Jr. v. United States | Third Circuit | 2020-08-04 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure plea-agreement restitution restitution-order sentencing statutory-interpretation statutory-limits unlawful-sentence | Whether a defendant's waiver of the right to appeal which explicitly permits appeal of a sentence that 'exceeds the applicable statutory limits set fo… |
| 20-5225 | Dion Alexander v. United States | Fourth Circuit | 2020-07-30 | Denied | Response WaivedIFP | appeal-waiver clearly-erroneous coram-nobis garza-v-idaho plea-agreement type-c-plea | Can an appeal waiver in a Type-C plea agreement bar a claim that the district court's rationale for approving the agreement was clearly erroneous? |
| 20-71 | Stephen P. Brown v. United States | Second Circuit | 2020-07-24 | Denied | Response Waived | appeal-waiver certificate-of-appealability criminal-procedure due-process fifth-amendment ineffective-assistance section-2255 sentencing sentencing-review sixth-amendment | Whether the Second Circuit erred in denying a certificate of appealability on petitioner's claims of ineffective assistance of counsel and due process… |
| 20-5042 | Julian Silva-Aguilar v. United States | Ninth Circuit | 2020-07-13 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process factual-basis guilty-plea ninth-circuit plea-agreement plea-bargaining supreme-court-precedent | Whether the Ninth Circuit's decision is inconsistent with McCarthy v. United States |
| 19-8893 | Darryl Henry v. United States | Fifth Circuit | 2020-07-02 | Denied | Response WaivedIFP | appeal-rights appeal-waiver circuit-split collateral-relief criminal-sentencing involuntary-waiver judicial-integrity judicial-process plea-agreement plea-bargaining sentencing-rights statutory-entitlement | Are broad waivers of appellate rights lawful and, if so, what are the limits on their validity and enforcement? |
| 19-8683 | Edgardo Grande v. United States | Fifth Circuit | 2020-06-12 | Denied | Response WaivedIFP | 18-usc-3553a appeal-waiver fairness-integrity-public-reputation judicial-proceedings plea-agreement sentencing sentencing-factors substantial-rights unconscionability unconscionable-contract | Whether the waiver of appeal rights contained in the Plea Agreement is unenforceable since the Plea Agreement is invalid because it is an unconscionab… |
| 19-8694 | Joseph D. Rouse v. United States | Sixth Circuit | 2020-06-12 | Denied | Response WaivedIFP | 21-usc-851 appeal-waiver appellate-review due-process mandatory-minimum notice-requirement plea-agreement sentencing sentencing-enhancement statutory-interpretation | Does the express language of 21 U.S.C. § 851 require prior written notice of the particular conviction the government seeks to use to enhance a mandat… |
| 19-8579 | Jonathan Frank Davis v. United States | Ninth Circuit | 2020-06-01 | Denied | Response WaivedIFP | appeal-waiver constitutional-rights criminal-procedure due-process fifth-amendment guilty-plea plea-bargaining voluntary-plea | Does an appeal waiver clause bar a criminal defendant from later appealing their conviction on the ground that the guilty plea was not knowing and vol… |
| 19-8558 | David Hardman v. United States | Eleventh Circuit | 2020-05-28 | Denied | Response WaivedIFP | abuse-of-discretion Anders-review appeal-waiver breach-of-plea-agreement criminal-procedure jurisdiction | Did the circuit court err in refusing to make a determination of the validity of the appeal waiver during a review of the record, pursuant to Anders v… |
| 19-1282 | Avery Terry v. United States | Fourth Circuit | 2020-05-12 | Denied | Response Waived | 18-usc-924c appeal-waiver constitutional-vagueness crime-of-violence criminal-procedure criminal-procedure-appeal-waiver due-process force-clause hobbs-act hobbs-act-robbery residual-clause sentencing statutory-interpretation unconstitutional-vagueness vagueness-doctrine violent-crime | Whether the court of appeals erred in dismissing the appeal pursuant to an invalid appeal waiver |
| 19-8339 | Juan M. Santiago v. United States | First Circuit | 2020-04-22 | Denied | Response WaivedIFP | appeal-waiver booker booker-error criminal-procedure federal-sentencing mandatory-guidelines miscarriage-of-justice sentencing sentencing-guidelines waiver | Whether an established Booker error (mandatory application of the USSG) can be considered per se a miscarriage of justice/exception that is not waived… |
| 19-920 | Boulder Young, aka Boulder Daniel McManigal v. United States | Eighth Circuit | 2020-01-23 | Denied | Response Waived | appeal appeal-waiver circuit-split criminal-procedure due-process harmless-error judicial-discretion plea-bargaining plea-hearing sentencing waiver | Whether the waiver of a right to appeal a judgment of conviction is controlled by the defendant's written waiver or the oral pronouncement of the cour… |
| 19-7350 | Billy Battenfield v. Oklahoma | Oklahoma | 2020-01-21 | Denied | IFP | aedpa appeal-waiver criminal-procedure critical-stage garza-v-idaho ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining post-sentencing retroactivity statute-of-limitations | Whether Garza v. Idaho adopts a new watershed rule of procedure that applies retroactively on state collateral review |
| 19-7352 | Alfredo Godoy-Machuca v. United States | Ninth Circuit | 2020-01-21 | Denied | Response WaivedIFP | appeal-waiver collateral-consequences criminal-procedure defense-counsel ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining voluntary-and-knowing voluntary-plea | Whether the Ninth Circuit Court of Appeals erred in concluding that material affirmative misdavice given by defense counsel regarding collateral conse… |
| 19-7146 | David Rapoport v. Robert Gilmore, Superintendent, State Correctional Institution at Greene, et al. | Third Circuit | 2020-01-02 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure criminal-procedure-ineffective-assistance-of-couns death-penalty due-process guilty-plea ineffective-assistance life-without-parole plea-bargaining sentencing waiver-of-appeal-rights | Was the petitioner's counsel ineffective in pre-trial stages? |
| 19-7117 | Vance Edward Ingram, III v. United States | Fourth Circuit | 2019-12-31 | Denied | Response WaivedIFP | appeal-waiver appellate-procedure constitutional-law constitutional-rights criminal-procedure defendant-rights due-process government-power plea-agreement plea-bargaining waiver | Is a defendant's right to due process of law violated when the government requires an appeal waiver as part of a plea agreement? |
| 19-7051 | Adan Reyes-Martinez v. United States | Fifth Circuit | 2019-12-23 | Denied | Response WaivedIFP | appeal appeal-waiver criminal-procedure fifth-circuit plea-agreement plea-bargaining sentencing waiver waiver-of-rights | Whether the Fifth Circuit erred by ruling that Mr. Reyes-Martinez waived the right to appeal his sentence |
| 19-791 | Anderson Law Offices, et al. v. Common Benefit Fee and Cost Committee | Fourth Circuit | 2019-12-20 | Denied | appeal-rights appeal-waiver appellate-review civil-procedure common-benefit-fund court-review due-process equitable-relief federal-courts federal-jurisdiction federal-procedure judicial-discretion judicial-responsibilities standing waiver | Whether federal courts can require waiver of appeal rights as a condition for receiving an award | |
| 19-6295 | Antonio Flores v. United States | Fifth Circuit | 2019-10-17 | Denied | Response WaivedIFP | appeal-waiver appearance-of-partiality circuit-split constitutional-due-process constitutional-review district-court due-process judicial-bias judicial-impartiality miscarriage-of-justice plea-agreement sentencing-procedure | Does a broad appeal waiver preclude appellate review of a district court's findings if the judge created a constitutionally impermissible appearance o… |
| 19-6132 | Christian Joseph Chavez v. United States | Fifth Circuit | 2019-10-03 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure due-process judicial-review miscarriage-of-justice plea-agreement sentencing | Whether the Fifth Circuit Court of Appeals' two-step inquiry for determining the validity of an appeal waiver in a plea agreement should be expanded t… |
| 19-5830 | William H. Danielson v. New York | New York | 2019-09-05 | Denied | Response WaivedIFP | appeal-waiver civil-rights criminal-procedure due-process guilty-plea judicial-misconduct prosecutorial-misconduct regulatory-authority standing waiver-of-appeal | Should judicial misconduct survive a waiver of appeal and guilty plea? |
| 19-5636 | Roger Garcia v. United States | Fifth Circuit | 2019-08-19 | Denied | Response WaivedIFP | appeal-waiver due-process first-amendment overbreadth-doctrine plea-bargain procedural-bar special-condition special-conditions waiver-of-appeal | Does a waiver of appeal procedurally bar a petitioner's appeal arguing that a special condition prohibiting the viewing of sexual material is unconsti… |
| 19-5641 | David Anthony Gordon v. United States | Eleventh Circuit | 2019-08-19 | Denied | Response WaivedIFP | appeal-waiver due-process government-breach judicial-assignment judicial-procedure mandatory-minimum plea-agreement safety-valve sentencing sentencing-discretion | Whether the Eleventh Circuit erroneously dismissed portions of the appeal based on an invalid plea agreement waiver |
| 19-5603 | Jonathan Javier Aleman v. United States | Eleventh Circuit | 2019-08-15 | Denied | Response WaivedIFP | appeal-waiver certificate-of-appealability collateral-review constitutional-counsel criminal-case-defendant-rights criminal-defense evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel plea-agreement right-to-appeal sentencing sentencing-challenge subject-matter-jurisdiction | Was defense counsel's advice constitutionally inadequate? |
| 19-5538 | Timothy Jamaras Burns v. United States | Fifth Circuit | 2019-08-09 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process fifth-circuit habeas-corpus plea-agreement plea-bargaining section-2255 waiver-of-appeal | Whether the Fifth Circuit erred by ruling that Mr. Burns § 2255 claims are barred by the Waiver of Appeal provision in his Plea Agreement |
| 19-104 | Flavio Tamez v. United States | Fifth Circuit | 2019-07-22 | Denied | Response WaivedRelisted (2) | appeal-waiver appellate-procedure certificate-of-appealability collateral-attack constitutional-effectiveness criminal-defendant-waiver due-process immigration-consequences ineffective-assistance ineffective-assistance-of-counsel jae-lee-v-united-states sentencing-consequences waiver-of-rights | Whether a criminal defendant's generic waiver of right to appeal or collateral attack can waive ineffective assistance of counsel claim |
| 19-5216 | Nicholas Pagliuca v. United States | Second Circuit | 2019-07-17 | Denied | Response WaivedIFP | appeal-waiver circuit-split criminal-procedure federal-rules-of-criminal-procedure guilty-plea plain-error plea-bargaining rule-11 vonn-v-united-states | Whether the plain error standard of Vonn/Dominguez Benitez applies in the context of violations of Fed.R.Crim.P. 11(b)(1)(N), where the defendant rais… |
| 19-5038 | Donald Willems v. United States | Eleventh Circuit | 2019-07-02 | Denied | Response WaivedIFP | appeal-waiver constitutional-protections contract-law criminal-procedure due-process plea-agreement right-to-counsel sixth-amendment speedy-trial | Does an Appeal Waiver which is contained within a Plea Agreement toll the filing of a Notice to Appeal under the Sixth Amendments right to a speedy tr… |
| 18-9581 | Marcus Arenell Evans v. United States | Fifth Circuit | 2019-06-07 | Denied | Response WaivedIFP | appeal-waiver appellate-rights booker booker-remedy booker-v-us constitutional-challenge constitutional-law criminal-procedure guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-enhancement sentencing-guidelines-interpretation | Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as… |
| 18-9300 | Devon Waters, aka Devon Jones v. United States | Fourth Circuit | 2019-05-16 | Denied | Response WaivedIFP | appeal-waiver appellate-review career-offender crime-of-violence criminal-defendant-appeal-waiver criminal-procedure drug-distribution drug-distribution-offense sentencing sentencing-guidelines | Does a criminal defendant's waiver of his right to appeal a within guidelines sentence bar appellate review where the district court improperly senten… |
| 18-9303 | Larry Ray Lincks v. United States | Fifth Circuit | 2019-05-16 | Denied | Response WaivedIFP | appeal-waiver booker booker-remedy constitutional-challenge constitutional-law criminal-procedure criminal-sentencing due-process guidelines-interpretation plea-agreement plea-bargaining public-policy sentence-appeal-waiver sentencing sentencing-guidelines sufficiency-of-evidence | Does a sentence-appeal waiver that purportedly precludes a challenge to the sufficiency of enhancement evidence and the district court's interpretatio… |
| 18-9216 | Klark Deziray Hopkins v. California | California | 2019-05-09 | Denied | Response WaivedIFP | appeal appeal-waiver constitutional-rights due-process fourteenth-amendment ineffective-assistance liberty plea-agreement presumption-against-waiver property right-to-appeal | Do the presumption against waiver of fundamental constitutional rights and the Fourteenth Amendment Due Process Clause's guaranty against deprivations… |
| 18-9180 | Cesar Arce-Hernandez v. United States | Ninth Circuit | 2019-05-07 | Denied | Response WaivedIFP | appeal-waiver criminal-justice-act criminal-procedure garza-v-idaho indigent-defendant ineffective-assistance ineffective-assistance-of-counsel plea-agreement plea-bargaining pretrial-proceedings right-to-counsel sixth-amendment | Does a Sixth Amendment claim of ineffectiveness of assistance of counsel during pretrial proceedings survive a general waiver of the right to appeal i… |
| 18-8831 | Javier Contreras Vargas v. United States | Fifth Circuit | 2019-04-15 | Denied | Response WaivedIFP | appeal-waiver booker booker-remedy constitutional-challenge criminal-procedure due-process plea-agreement public-policy sentencing-enhancement sentencing-guidelines | Does a sentence-appeal waiver frustrate the remedy fashioned by this Court in U.S. v. Booker, thereby rendering the waiver unconstitutional or void as… |
| 18-8794 | Ricky Raymond Ball v. United States | Eighth Circuit | 2019-04-11 | Denied | Response WaivedIFP | appeal-waiver criminal-procedure due-process judicial-explanation manifest-injustice plea-agreement plea-bargaining supervised-release | Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N) |
| 18-8623 | Justin Cole Milam v. United States | Fourth Circuit | 2019-03-29 | Denied | Response WaivedIFP | appeal-waiver constitutional-review criminal-procedure due-process fifth-amendment fourteenth-amendment ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining sentencing standard-of-review | Are appeal waivers in federal criminal plea agreements unconstitutional? |
| 18-8349 | Daverne Michael Foy v. United States | Fifth Circuit | 2019-03-08 | Denied | Response WaivedIFP | appeal appeal-waiver civil-rights criminal-procedure due-process judicial-proceedings plain-error sentencing sentencing-guidelines substantial-rights waiver | Whether the trial court's consideration of non-charged offenses with significantly higher sentencing guidelines constitutes plain error affecting the … |
| 18-8264 | Guadalupe Avendano-Vasquez v. United States | Eleventh Circuit | 2019-03-04 | Denied | Response WaivedIFP | appeal-waiver appellate-review civil-procedure criminal-procedure deportation due-process sentencing sentencing-guidelines supervised-release | Whether an appeal waiver precludes review of the sentence of supervised release when the defendant has been deported |
| 18-8183 | Gregory Frank Sperow v. United States | Ninth Circuit | 2019-03-01 | Denied | Response WaivedIFP | appeal-waiver civil-procedure due-process fifth-amendment fundamental-fairness government-breach government-misconduct plea-agreement property-rights rule-11 waiver waiver-provision | Whether the government can breach a Rule 11(c)(1)(c) plea agreement concerning the return of seized properties and then rely on the agreement's waiver… |
| 18-7679 | Jeriton Lavar Curry v. United States | Fourth Circuit | 2019-01-30 | Denied | Response WaivedIFP | 18-usc-924(c) appeal-waiver appellate-review constitutional-error criminal-procedure jurisdiction plain-error sentencing sentencing-jurisdiction unconstitutional-sentence | Did the Appeals Court err by granting the Government's motion to enforce an invalid appeal waiver, after determining that Currys' issue was non-frivol… |
| 18-7588 | Frank Odom, Jr. v. United States | Fourth Circuit | 2019-01-25 | Denied | Response WaivedIFP | appeal-waiver district-court due-process fourth-circuit mitigation mitigation-arguments plea-agreement remand sentencing | Does a plea agreement with an appeal waiver waive the right to obtain a remand requiring the district court to actually consider the defendant's mitig… |
| 18-7390 | Martin R. Stancik v. United States | Sixth Circuit | 2019-01-14 | Denied | Response WaivedIFP | appeal appeal-waiver circuit-split constitutional-error constitutional-law criminal-procedure due-process sentencing sixth-circuit waiver | Whether a criminal defendant's waiver of his right to appeal a sentence includes a waiver of the right to appeal a later, unforeseen constitutional du… |
| 18-7089 | Esau Milliner v. Kathy Litteral, Warden | Sixth Circuit | 2018-12-19 | Denied | Response WaivedIFP | appeal-waiver closing-argument confession constitutional-rights criminal-procedure due-process first-degree-burglary ineffective-assistance-of-counsel initial-aggressor procedural-bar right-to-appeal right-to-testify self-defense trial-counsel | Effective-assistance-of-counsel |
| 18-6851 | Steven Gomez v. United States | Fifth Circuit | 2018-11-28 | Denied | Response WaivedIFP | advisory-sentencing appeal-waiver constitutional-error criminal-procedure due-process judicial-discretion plea-agreement plea-bargaining sentencing-guidelines | Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after ex… |
| 18-6763 | Luis Antonio Bonilla, Jr. v. United States | Fourth Circuit | 2018-11-20 | Denied | Response WaivedIFP | appeal-waiver appeal-waivers brady-standard brady-v-united-states circuit-split criminal-procedure judicial-discretion miscarriage-of-justice plea-agreement plea-agreements sentencing sentencing-guidelines sentencing-uniformity | What standards should govern the enforcement of appeal waivers in plea agreements? |
| 18-6549 | Eric Branch v. United States | Fourth Circuit | 2018-11-01 | Denied | Response WaivedIFP | anti-shuttling anti-shuttling-violation appeal-waiver constitutional-violation corrupt-officials due-process garza-v-idaho iada-violation ida-violation ineffective-assistance-of-counsel right-to-counsel roe-v-flores-ortega | whether-trial-counsel-and-evidentiary-counsel-were-ineffective |
| 18-6511 | In Re Ken Ejimofor Ezeah | 2018-10-30 | Denied | Response WaivedIFP | actual-innocence appeal-waiver circuit-split criminal-procedure criminal-procedure-appeal-waiver-guilty-plea-unite guilty-plea inherent-equitable-authority tenth-circuit united-states-v-galloway united-states-v-hahn united-states-v-mccarthy | Whether the court should expand the framework in United States v. Hahn on appeal waivers | |
| 18-6358 | Alj Hilton v. United States | Eleventh Circuit | 2018-10-18 | Denied | Response WaivedIFP | and Are Plain and Affect Petitioner's Substantial -and-Are-Plain-and-Affect-Petitioner's-Substantial 18-usc-3661 5th-amendment appeal-waiver appeal-waiver,sentencing-guidelines,criminal-histo criminal-history criminal-procedure criminal-sentencing due-process judicial-discretion mandatory-minimum plain-error sentencing-guidelines substantial-rights trial-court-error Whether the mandatory five-year minimum sentence u | Whether Petitioner's Appeal Waiver Is Inapplicable to Issues of Trial Court Error in Applying Sentencing Guidelines' Enhancements or in Calculating Cr… |
| 18-6030 | Jason M. Smith v. United States | Second Circuit | 2018-09-19 | Denied | Response WaivedIFP | appeal-waiver appellate-waiver collateral-attack constitutional-rights criminal-procedure due-process plea-agreement public-policy sentencing | Whether a plea agreement in which a defendant agrees to waive his right to appeal and collaterally attack any legal sentence imposed violates due proc… |
| 18-5709 | Paul Allen Anderson v. United States | Sixth Circuit | 2018-08-22 | Denied | Response WaivedIFP | 2255-proceeding appeal-waiver certificate-of-appealability due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2255 title-28-usc-2255 | Whether an appeal waiver can be enforced in a Title 28 U.S.C. § 2255 proceeding when petitioner has based his claims on ineffective assistance of coun… |
| 18-202 | Haynes Timberland, Inc. v. United States | First Circuit | 2018-08-15 | Denied | Response Waived | appeal-waiver collateral-attack criminal-procedure direct-appeal due-process plea-agreement plea-bargaining pre-sentence-waiver sentencing waiver waiver-of-rights | Whether a defendant who waives the right to a direct appeal of his conviction and sentence can implicitly waive his right to collaterally attack his c… |
| 18-5510 | Quincy Andre Jones v. United States | Fourth Circuit | 2018-08-08 | Denied | Response WaivedIFP | allocution appeal-waiver direct-appeal due-process fundamental-error fundamental-errors mandatory-guidelines plea-agreement sentencing-guidelines | Whether an appeal waiver in a plea agreement can prohibit a defendant from challenging on direct appeal unforeseeable fundamental errors committed by … |