Davantae London v. United States

In the decision below, the Fifth Circuit held that a general appeal waiver in a plea agreement prohibits an appeal that challenges the consecutive nature of a sentence, even if the appeal waiver does not specifically address such a claim. The Third, Seventh, Tenth, and D.C. Circuits hold the same view. In contrast, the First and Second Circuits hold that a general appeal waiver does not bar a challenge to the consecutive nature of a sentence. The Sixth Circuit takes a middle-ground approach, holding that a general appeal waiver does not bar a challenge to the consecutive nature of a sentence, unless the waiver cites to 18 U.S.C. § 3742. This case also presents the same question for which this Court has granted certiorari in Mason Hunter v. United States, No. 24-1063 (Oct. 10, 2025): 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. As such, this petition should be held pending the final decision in Hunter, and addressed considering that decision. If the Court does not reach the question presented by Hunter, this petition should be granted. The questions presented, therefore, are: 1. Whether a general appeal waiver that does not mention the right to challenge the consecutive nature of a sentence bars such a challenge.