The question
Whether an agreement not to appeal a criminal sentence can be enforced when doing so would leave an serious sentencing error in place.
Hunter v. United States
What the Court decided
The Court held that an appeal waiver in a plea agreement is unenforceable when enforcing it would work a miscarriage of justice, meaning it would leave in place the kind of serious error that would bring the judicial system into disrepute. Eight justices agreed on the result; Justice Thomas dissented.
How the justices split
8-1The Court's opinion
Kagan, joined by Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, Jackson
A waiver of the right to appeal a sentence does not bind a defendant when enforcing it would produce a miscarriage of justice, leaving in place an error so serious that it would bring the judicial system into disrepute. Such waivers are otherwise valid, but this narrow exception preserves the courts' ability to correct grave sentencing errors.
Concurring
Gorsuch, joined by Sotomayor, Jackson
Gorsuch joined the Court and wrote separately, joined by Sotomayor and Jackson.
Concurring
Kavanaugh, joined by Alito, Barrett
Kavanaugh joined the Court and wrote separately, joined by Alito and Barrett.
Dissenting
Thomas, writing alone
Thomas dissented, and would have enforced the appeal waiver as written.
How we know · 2 sourced claims
The Court held an appeal waiver is unenforceable when it would leave in place an serious error that brings the judicial system into disrepute.
Source: syllabus, Held, at 24-1063
Kagan wrote for the Court; Thomas dissented.
Source: syllabus, lineup