Hunter v. United States · ¶13

The Court of Appeals for the Fifth Circuit dismissed Hunter's appeal based on the waiver provision. The court first concluded that the District Court's misstatement at sentencing “did not impact the validity of the appeal waiver.” 2024 WL 5003582, *1 (Dec. 6, 2024) (per curiam). And such a waiver, the court next held, controls even if the District Court imposed an “unconstitutional sentence.” Ibid. (citing United States v. Barnes, 953 F. 3d 383, 389 (CA5 2020)). Under Circuit precedent, the “general rule” that appeal waivers are enforceable has “only two exceptions”: when the waiver itself was “tainted by ineffective assistance of counsel” and when the challenged sentence “exceed[ed] the statutory maximum.” Id., at 388–389; United States v. White, 307 F. 3d 336, 339 (CA5 2002). Because neither exception applied, Hunter's appeal could not go forward.

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