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Gregory Johnson, Jr. v. United States
IFP petition · United States Court of Appeals for the Fifth Circuit, No. 24-30442 · judgment August 15, 2025
Question presented
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?
Counsel of record
For petitioner
Stuart D. Kottle
Stuart Kottle
For respondent
D. John Sauer
Solicitor General
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.
- Mar 12 2026DISTRIBUTED for Conference of 3/27/2026.
- Feb 20 2026Memorandum of respondent United States filed.
- Jan 16 2026Motion to extend the time to file a response is granted and the time is extended to and including February 20, 2026.
- Jan 15 2026Motion to extend the time to file a response from January 21, 2026 to February 20, 2026, submitted to The Clerk.
- Nov 19 2025Application (25A552) granted by Justice Alito extending the time to file until December 13, 2025.
- Nov 13 2025Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 21, 2026)
- Nov 04 2025Application (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.