Hunter v. United States
608 U. S. 713 (2026) · 6/18/26
An agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice—meaning, when it would leave in place the kind of egregious error that would bring the judicial system into disrepute.
Edition: preliminary print (page proof)
Voices: Syllabus — prepared by the Reporter of Decisions · Justice Kagan delivered the opinion of the Court. · Justice Gorsuch, with whom Justice Sotomayor and Justice Jackson join, concurring. · Justice Kavanaugh, with whom Justice Alito and Jus tice Barrett join, concurring. · Justice Barrett, concurring. · Justice Thomas, dissenting.
Petitioner Munson Hunter III was charged with 10 counts of bank and wire fraud for a years-long scheme costing various financial institutions about half a million dollars. He entered into a written plea agreement with the Government under which he pleaded guilty to one count of aiding and abetting wire fraud in exchange for dismissal of the remaining nine charges and a promise not to prosecute him for the described conduct in the future. The agreement included an appeal waiver under which Hunter waived the right to appeal his conviction and sentence, except that he did not waive the right to…
Held: An agreement not to appeal a sentence is unenforceable when it would result in a miscarriage of justice—meaning, when it would leave in place the kind of egregious error that would bring the judicial system into disrepute. Pp. 721–730. (a) The District Court's misstatement at sentencing and the Government's silence did not negate Hunter's knowing and voluntary appeal waiver. The plea agreement specified that “[a]ny modification” of its terms “must be in writing and signed by all parties,” and even assuming away that provision, nothing that happened in the sentencing hearing shows the…Read it in the reading room ›