Hunter v. United States · ¶12

Hunter promptly appealed, challenging the mandatory- medication condition. That condition, he argued, “infringe[d] on [his] fundamental due process liberty interest in being free of unwanted mental health medication.” Brief for Appellant in No. 24–20211 (CA5), p. 9. The Government sought dismissal, citing the appeal waiver in Hunter's plea agreement. Hunter acknowledged that he had knowingly and voluntarily signed on to that provision, but urged two reasons for still permitting the appeal to proceed. Most broadly, he contended that an appeal waiver is unenforceable when the disputed aspect of a sentence “violates a fundamental constitutional right.” Ibid. In the alternative, he asserted that the District Court's representation at sentencing that he had a right to appeal, along with the prosecutor's failure to object, voided the appeal waiver he had made. See id., at 8–9.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.