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Adreoinna Latoria Hickman v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit, No. 25-60661 · judgment April 2, 2026


Pending

Question presented

A. The overarching issue. Whether the Fifth Circuit erred by dismissing Ms. Hickman’s appeal based on the waiver of appeal provisions in her Plea Agreement. B. The basis for relief from this Court. After the United States Court of Appeals for Fifth Circuit dismissed Ms. Hickman’s appeal, this Court rendered its decision in Hunter v. United States, 608 U.S. ____, 2026 WL 1751815 (June 18, 2026). Hunter establishes that a defendant/appellant can challenge the enforceability of a waiver of appeal provision “when it would result in a miscarriage of justice[.]” Id. at 4. That holding is contrary to prior Fifth Circuit precedent. Therefore, we ask this Court to grant this Petition, vacate Ms. Hickman’s sentence, and remand the case to the Fifth Circuit to decide whether enforcing the instant waiver of appeal provision would result in a miscarriage of justice.

Counsel of record

For petitioner
Princess Abby
Federal Public Defender

For respondent
D. John Sauer
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Aug 27 2026
    DISTRIBUTED for Conference of 9/28/2026.
  2. Aug 10 2026
    Memorandum of respondent United States filed.
  3. Jun 25 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 10, 2026)