Supreme Court of the United States · Official docket →
Noe De Jesus Arce-Hernandez v. United States
IFP petition · United States Court of Appeals for the Ninth Circuit, No. 25-558 · judgment January 21, 2026
Pending
Question presented
- Did the district court’s oral declaration, during the Petitioner’s Rule 11 change–of–plea proceeding, that the Petitioner reserved the right to appeal a sentence that was not in compliance with the United States Sentencing Guidelines permit an appeal based on an asserted misapplication of the Guidelines by the district court, despite the express sentence appeal waiver language in the written plea agreement? PARTIES TO THE PROCEEDING All parties to the proceedings are listed in the caption. The petitioner is not a corporation. The petitioner is Noe De Jesus Arce-Hernandez. The Respondent is the United States of America.
Counsel of record
For petitioner
Michael J. Bresnehan
Law Offices of Michael J. Bresnehan, P.C.
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Aug 13 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 05 2026Waiver of right of respondent United States to respond filed.
- Jun 30 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 17, 2026)