Hunter v. United States · ¶113

The supervisory power of the Supreme Court, however, cannot justify the Court's miscarriage-of-justice exception for four reasons. First, it is doubtful that the power exists. Second, even if it did, it still would not extend to vitiating provisions in valid plea agreements, as the Court's rule effectively does. Third, the congressionally authorized rule- making process has addressed appeal waivers, so this Court should not circumvent that process. Finally, the two precedents that the Court relies on as justifying a miscarriage-ofjustice exception do no such thing. In the end, the Court has nothing but policy arguments, but even there, its analysis is unpersuasive.

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