Supreme Court of the United States · Official docket →
Munson P. Hunter, III v. United States
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-20211 · judgment December 6, 2024
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Fifth Circuit decision below.
Questions presented
This Court has recognized that "no appeal waiver serves as an absolute bar to all appellate claims." Garza v. Idaho, 586 U.S. 232, 238 (2019). But the Court has "ma[de] no statement ... on what particular exceptions [to appeal waivers] may be required." Id. at 238-39 & n.6. In the decision below, the Fifth Circuit reaffirmed its precedent, holding that there are only two grounds on which defendants who sign general appeal waivers may challenge their sentence on appeal: (1) claims of ineffective assistance of counsel, and (2) claims that the sentence exceeds the statutory maximum. The Sixth, Tenth, and Eleventh Circuits adopt a similarly narrow view of the exceptions to general appeal waivers. In stark conflict, the First, Second, Fourth, and Ninth Circuits permit defendants who sign general appeal waivers to raise a broad range of constitutional challenges to their sentences beyond the limited exceptions recognized by the Fifth Circuit and the other courts on its side of the circuit split. The Fifth Circuit below also reaffirmed its precedent holding that an appeal waiver applies even when the sentencing judge advises the defendant that he has a right to appeal and the government does not object to that advice. Although other circuits agree with the Fifth Circuit, the Ninth Circuit squarely holds otherwise, releasing defendants from appeal waivers in identical circumstances. The questions presented are:
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Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum.
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Whether an appeal waiver applies when the sentencing judge advises the defendant that he has a right to appeal and the government does not object.
Counsel of record
For petitioner
Lisa Schiavo Blatt
Williams & Connolly LLP
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage · 5 merits
(5 supporting pet./neither)
Linked docket
24A773
Argument & decision
Argued March 3, 2026 — Lisa S. Blatt · Zoe A. Jacoby. Audio and transcript
Decided June 18, 2026. Opinion by Kagan.
Proceedings
- Jul 20 2026Judgment Issued.
- Jun 18 2026Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Sotomayor and Jackson, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Alito and Barrett, JJ., joined. Barrett, J., filed a concurring opinion. Thomas, J., filed a dissenting opinion.
- Mar 03 2026Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondent: Zoe A. Jacoby, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
- Feb 13 2026Reply of petitioner Munson P. Hunter, III filed. (Distributed)
- Jan 22 2026Record received electronically from the United States District Court for the Southern District of Texas and available with the Clerk.
- Jan 21 2026CIRCULATED
- Jan 14 2026Brief of respondent United States filed.
- Jan 09 2026Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
- Jan 08 2026Record requested from the United States Court of Appeals for the Fifth Circuit.
- Jan 02 2026SET FOR ARGUMENT on Tuesday, March 3, 2026.
- Dec 11 2025Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
- Dec 11 2025Brief amicus curiae of National Association of Federal Defenders filed.
- Dec 11 2025Brief amici curiae of Cato Institute, et al. filed.
- Dec 11 2025Brief amicus curiae of Texas Criminal Defense Lawyers Association filed.
- Dec 09 2025Brief amicus curiae of Plea Bargaining Institute filed.
- Dec 04 2025Brief of petitioner Munson P. Hunter, III filed.
- Dec 04 2025Joint appendix filed. (Statement of costs filed)
- Nov 05 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 4, 2025. The time to file respondent's brief on the merits is extended to and including January 14, 2026.
- Oct 22 2025Motion for an extension of time to file the briefs on the merits filed.
- Oct 10 2025Petition GRANTED.
- Oct 06 2025DISTRIBUTED for Conference of 10/10/2025.
- Sep 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 10 2025Reply of petitioner Munson P. Hunter, III filed. (Distributed)
- Aug 27 2025Brief of respondent United States in opposition filed.
- Jul 16 2025Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2025.
- Jul 15 2025Motion to extend the time to file a response from July 28, 2025 to August 27, 2025, submitted to The Clerk.
- Jun 25 2025Brief amicus curiae of Brett Morris McAlpin filed.
- Jun 23 2025Motion to extend the time to file a response is granted and the time is extended to and including July 28, 2025.
- Jun 18 2025Motion to extend the time to file a response from June 26, 2025 to July 28, 2025, submitted to The Clerk.
- May 27 2025Response Requested. (Due June 26, 2025)
- May 20 2025DISTRIBUTED for Conference of 6/5/2025.
- May 08 2025Brief amicus curiae of Cato Institute filed.
- Apr 15 2025Waiver of right of respondent United States to respond filed.
- Apr 04 2025Petition for a writ of certiorari filed. (Response due May 8, 2025)
- Feb 13 2025Application (24A773) granted by Justice Alito extending the time to file until April 5, 2025.
- Feb 07 2025Application (24A773) to extend the time to file a petition for a writ of certiorari from March 6, 2025 to April 7, 2025, submitted to Justice Alito.