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Pedro Jose Silva Ochoa v. United States

IFP petition · United States Court of Appeals for the Eleventh Circuit, No. 25-10901 · judgment February 23, 2026


Pending

Questions presented

The questions presented in this petition are:

  1. Whether a defendant’s challenge to a sentence exceeding the guideline range advocated by the defense at sentencing survived an appeal waiver that expressly recognized the defendant’s right to argue against guideline enhancements at sentencing and the waiver did not explicitly state that any resulting enhancements could not be appealed.

  2. Whether an appeal waiver applies when the sentencing judge advises the defendant of the right to appeal without a government objection. The questions presented in this petition are pending before the Court in Hunter v. United States, No. 24-1063, 146 S. Ct. 288, 2025 WL 2885281 (2025), addressing the limits of appeal waivers agreed to as part of a guilty plea.

Counsel of record

For petitioner
Benedict P. Kuehne
Kuehne Davis Law, P.A.

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Sep 02 2026
    Brief for the United States of United States submitted.
  2. Aug 03 2026
    Response Requested. (Due September 2, 2026)
  3. Jul 09 2026
    DISTRIBUTED for Conference of 9/28/2026.
  4. Jul 02 2026
    Waiver of right of respondent United States to respond filed.
  5. May 26 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 13, 2026)