Supreme Court of the United States · Official docket →
Omar Ahmed Khadr v. United States
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-1218 · judgment May 9, 2023
Before the decision, about 1.9× the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).
Question presented
Plea agreements often include a general waiver of the right to appeal. Circuits are divided over whether the inclusion of such a term bars a defendant from bringing a direct appeal of a conviction, when a subsequent controlling judicial decision has held that the conduct to which the defendant pled guilty was not a crime. The Second, Third, and Fourth Circuits hold that an appeal may proceed. In the decision below, a divided panel of the D.C. Circuit joined the Seventh and Ninth Circuits in holding that it may not. Does a plea agreement that includes a general appellate waiver foreclose a direct appeal when a defendant has pled guilty to conduct that was not criminal? (i)
Counsel of record
For petitioner
Juan Otoniel Perla
Curtis, Mallet-Prevost, Colt & Mosle LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Jul 22 2024Rehearing DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition. Justice Jackson took no part in the consideration or decision of this petition. See 28 U. S. C. §455 and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(e) (prior judicial service).
- Jun 27 2024DISTRIBUTED.
- Jun 14 2024Petition for Rehearing filed.
- May 20 2024Petition DENIED. Justice Kavanaugh took no part in the consideration or decision of this petition. Justice Jackson took no part in the consideration or decision of this petition. See 28 U. S. C. §455 and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(e) (prior judicial service).
- Apr 30 2024DISTRIBUTED for Conference of 5/16/2024.
- Apr 29 2024Reply of petitioner Omar Ahmed Khadr filed. (Distributed)
- Apr 10 2024Brief of respondent United States in opposition filed.
- Mar 04 2024Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2024.
- Mar 01 2024Motion to extend the time to file a response from March 6, 2024 to April 10, 2024, submitted to The Clerk.
- Feb 05 2024Amicus brief filed by National Association of Criminal Defense Lawyers.
- Jan 24 2024Motion to extend the time to file a response is granted and the time is extended to and including March 6, 2024.
- Jan 23 2024Motion to extend the time to file a response from February 5, 2024 to March 6, 2024, submitted to The Clerk.
- Jan 02 2024Petition for a writ of certiorari filed. (Response due February 5, 2024)
- Oct 13 2023Application (23A319) granted by The Chief Justice extending the time to file until January 1, 2024.
- Oct 09 2023Application (23A319) to extend the time to file a petition for a writ of certiorari from November 2, 2023 to January 1, 2024, submitted to The Chief Justice.