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Angel Alejandro Pena v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 23-50717 · judgment March 26, 2026


Pending

Question presented

Whether enforcing the appeal waiver in the plea agreement— despite the district court’s repeated assurances that Pena could appeal whether the statute of conviction is constitutional— resulted in a manifest miscarriage of justice.

Counsel of record

For petitioner
Carl Richard Hennies
Federal Public Defender, Western District of Texas

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jul 30 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Jul 24 2026
    Waiver of right of respondent United States to respond filed.
  3. Jun 22 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2026)