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Jackie Kavaskia McMillan v. United States
IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 22-12615 · judgment May 7, 2025
Question presented
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 an 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?
Counsel of record
For petitioner
Howard Walton Anderson III
Truluck Thomason LLC
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 2 conferences
Proceedings
- Jul 31 2026Judgment Issued.
- Jun 29 2026Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Hunter v. United States, 608 U. S. ___ (2026).
- Jun 22 2026DISTRIBUTED for Conference of 6/25/2026.
- Nov 06 2025DISTRIBUTED for Conference of 11/21/2025.
- Oct 21 2025Memorandum of respondent United States filed.
- Oct 15 2025Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2025.
- Oct 14 2025Motion to extend the time to file a response from October 14, 2025 to November 13, 2025, submitted to The Clerk.
- Sep 08 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2025)