Decided
Hunter v. United States
Holding
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.
Judgment
Vacated and remanded, 8-1, in an opinion by Elena Kagan on Jun 18, 2026. Justice Gorsuch wrote a concurring opinion, joined by Justices Sotomayor and Jackson. Justice Kavanaugh wrote a concurring opinion, joined by Justices Alito and Barrett. Barrett wrote a concurring opinion. Justice Thomas wrote a dissenting opinion.
Vote
8
1
KaganRobertsAlitoSotomayorGorsuchKavanaughBarrettJackson
Thomas
Related Coverage
Feb 7, 2025Application (24A773) to extend the time to file a petition for a writ of certiorari from March 6, 2025 to April 7, 2025, submitted to Justice Alito.
Feb 13, 2025Application (24A773) granted by Justice Alito extending the time to file until April 5, 2025.
Apr 4, 2025Petition for a writ of certiorari filed. (Response due May 8, 2025)Apr 15, 2025Waiver of right of respondent United States to respond filed.May 8, 2025Brief amicus curiae of Cato Institute filed.May 20, 2025DISTRIBUTED for Conference of 6/5/2025.
May 27, 2025Response Requested. (Due June 26, 2025)
Jun 18, 2025Motion to extend the time to file a response from June 26, 2025 to July 28, 2025, submitted to The Clerk.Jun 23, 2025Motion to extend the time to file a response is granted and the time is extended to and including July 28, 2025.
Jun 25, 2025Brief amicus curiae of Brett Morris McAlpin filed.Jul 15, 2025Motion to extend the time to file a response from July 28, 2025 to August 27, 2025, submitted to The Clerk.Jul 16, 2025Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2025.
Aug 27, 2025Brief of respondent United States in opposition filed.Sep 10, 2025DISTRIBUTED for Conference of 9/29/2025.
Sep 10, 2025Reply of petitioner Munson P. Hunter, III filed. (Distributed)Oct 6, 2025DISTRIBUTED for Conference of 10/10/2025.
Oct 10, 2025Petition GRANTED.
Oct 22, 2025Motion for an extension of time to file the briefs on the merits filed.Nov 5, 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 4, 2025. The time to file respondent's brief on the merits is extended to and including January 14, 2026.
Dec 4, 2025Brief of petitioner Munson P. Hunter, III filed.Dec 4, 2025Joint appendix filed. (Statement of costs filed)Dec 9, 2025Brief amicus curiae of Plea Bargaining Institute filed.Dec 11, 2025Brief amicus curiae of National Association of Criminal Defense Lawyers filed.Dec 11, 2025Brief amicus curiae of National Association of Federal Defenders filed.Dec 11, 2025Brief amici curiae of Cato Institute, et al. filed.Dec 11, 2025Brief amicus curiae of Texas Criminal Defense Lawyers Association filed.Jan 2, 2026SET FOR ARGUMENT on Tuesday, March 3, 2026.
Jan 8, 2026Record requested from the United States Court of Appeals for the Fifth Circuit.
Jan 9, 2026Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.
Jan 14, 2026Brief of respondent United States filed.Jan 21, 2026CIRCULATED
Jan 22, 2026Record received electronically from the United States District Court for the Southern District of Texas and available with the Clerk.
Feb 13, 2026Reply of petitioner Munson P. Hunter, III filed. (Distributed)Mar 3, 2026Argued. For petitioner: Lisa S. Blatt, Washington, D. C. For respondent: Zoe A. Jacoby, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
Jun 18, 2026Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Sotomayor and Jackson, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Alito and Barrett, JJ., joined. Barrett, J., filed a concurring
opinion. Thomas, J., filed a dissenting opinion.
Jul 20, 2026Judgment Issued.Recommended Citation: Hunter v. United States, SCOTUSblog, https://www.scotusblog.com/cases/hunter-v-united-states-2/