Hunter v. United States · ¶2

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 mutual agreement between parties needed to accomplish a modification. The court's statement about appeal rights could not change the parties' agreement because it is the parties' intent that matters, and their non-response falls far short of showing agreement to alter a conficting term. The Government…

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