Brian Hobson v. United States

A. The overarching issue. Whether the Fifth Circuit erred by dismissing Mr. Hobson’s appeal based on the waiver of appeal provision in his Plea Agreement. B. The basis for relief from this Court. After the United States Court of Appeals for the Fifth Circuit dismissed Mr. Hobson’s appeal, this Court rendered its decision in Hunter v. United States, 608 U.S. _______, No. 24-1063, 2026 WL 1751815 (June 18, 2026). Hunter establishes that the analysis of whether an appeal waiver contained in a plea agreement is enforceable should be considered under the “miscarriage of justice” standard. Id. at 4. And an appeal waiver is unenforceable when it would result in a miscarriage of justice. Id. The holding in Hunter is contrary to prior Fifth Circuit precedent. Therefore, we ask this Court to grant this Petition, vacate Mr. Hobson’s sentence, and remand the case to the Fifth Circuit to decide whether enforcing Mr. Hobson’s appeal waiver would result in a miscarriage of justice.