Supreme Court of the United States · Official docket →
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
Questions presented
The questions presented in this petition are:
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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.
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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
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 2 conferences
Order
Order list, October 13, 2026 · Summary disposition
Proceedings
- Oct 13 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. 713 (2026).
- Sep 17 2026DISTRIBUTED for Conference of 10/9/2026.
- Sep 02 2026Brief for the United States filed.
- Aug 03 2026Response Requested. (Due September 2, 2026)
- Jul 09 2026DISTRIBUTED for Conference of 9/28/2026.
- Jul 02 2026Waiver of right of respondent United States to respond filed.
- May 26 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 13, 2026)