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Corey Myrick v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 25-10949, 25-10953 · judgment November 19, 2025


GVR'd · June 29, 2026

Question 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 absence of this Court’s guidance, the circuits have been intractably split over what exceptions to recognize for general appeal waivers. The Eleventh Circuit falls on the side with only narrow exceptions to appeal waivers and refuses to acknowledge an exception for miscarriages of justice. The Question Presented is as follows: Is one of the permissible exceptions to a general appeal waiver a miscarriage-of-justice exception? 1 1 This petition raises a similar question as Hunter v. United States, No. 24- 1063, which is scheduled to be orally argued on March 3, 2026.

Counsel of record

For petitioner
Danielle Musselman
Federal Public Defender Florida Middle

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jul 31 2026
    Judgment Issued.
  2. Jun 29 2026
    Motion 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).
  3. Jun 22 2026
    DISTRIBUTED for Conference of 6/25/2026.
  4. May 06 2026
    DISTRIBUTED for Conference of 5/21/2026.
  5. Apr 22 2026
    Memorandum of respondent United States filed.
  6. Mar 24 2026
    Motion to extend the time to file a response is granted and the time is extended to and including April 22, 2026.
  7. Mar 23 2026
    Motion to extend the time to file a response from March 23, 2026 to April 22, 2026, submitted to The Clerk.
  8. Feb 17 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 23, 2026)