Davantae London v. United States

In the decision below, the court of appeals held that a plea agreement’s general appeal waiver that does not address the consecutive nature of a sentence bars such a challenge. The circuits are divided on this issue. The court also declined to consider whether a “clear and nonharmless” error in the Sentencing Guideline calculation may result in a miscarriage of justice that sets aside an appeal waiver. The questions presented are:

1. Whether a general appeal waiver that does not mention the right to challenge the consecutive nature of a sentence bars such a challenge.

2. Whether a “clear and nonharmless” error in calculating the Sentencing Guidelines range may constitute a miscarriage of justice sufficient to overcome an appeal waiver.