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John Hotaling v. United States

IFP petition · United States Court of Appeals for the Second Circuit, No. 24-434, 24-436 · judgment August 21, 2025


Certiorari denied · February 23, 2026

Question presented

  1. Whether the government breaches a plea agreement, and violates due process under Santobello v. New York, 404 U.S. 257 (1971), when it enters into an agreement containing a section labeled “Sentencing Stipulations” specifying certain Sentencing Guidelines adjustments, but later endorses additional Guidelines enhancements not listed in those stipulations at sentencing based on generalized disclaimer language elsewhere in the agreement—thereby substantially increasing the defendant’s sentencing exposure beyond what the plea reasonably conveyed and the defendant reasonably understood

Counsel of record

For petitioner
Sarah Kunstler
Law Office of Sarah Kunstler

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 29 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 21 2026
    Waiver of right of respondent United States to respond filed.
  4. Jan 12 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2026)