Hunter v. United States · ¶29

In keeping with our usual practice, we decline to decide in the first instance how that dispute should come out under the miscarriage-of-justice approach we adopt today. The Court of Appeals did not address that question, because its Circuit precedent required a narrower inquiry. And we are, as we usually say, “a court of review, not of first view.” Cut ter v. Wilkinson, 544 U. S. 709, 718, n. 7 (2005). It is therefore now up to the Fifth Circuit to decide whether enforcing Hunter's appeal waiver would result in a miscarriage of justice.

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