Hunter v. United States · ¶76

I join the Court's opinion in full. The Court's opinion sets a “high bar” for the miscarriage-of-justice exception to render an appeal waiver unenforceable. Ante, at 727. The Court describes the exception as applying in “extreme cases” to sentencing errors that are “egregious” and “obvious” and that “undermine public confidence in the judiciary.” Ante, at 727–728. I appreciate Justice Gorsuch's thoughtful concurrence. But I respectfully disagree with his understanding of the miscarriage-of-justice exception. As I read it, his concurring opinion would set a lower bar for the miscarriage-of-justice exception than the Court's opinion does. In my view, therefore, the concurrence may not be entirely consistent with the Court's opinion. In any event, the Court's opinion of course speaks for itself.

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