Supreme Court Limits Enforcement of Appellate Waivers in Cases Involving Miscarriages of Justice
On June 18, 2026, the U.S. Supreme Court held in Hunter v. United States that appellate waivers in plea agreements are not enforceable when doing so would result in a “miscarriage of justice.” The Court rejected arguments that knowing and voluntary appeal waivers must always be enforced, recognizing instead a narrow exception for sentences tainted by obvious and egregious errors that threaten public confidence in the judiciary.
The decision resolves a longstanding circuit split and underscores the judiciary’s independent role in safeguarding the integrity of the criminal justice system. Although appellate waivers remain generally enforceable, Hunter creates a limited pathway for defendants to challenge certain unlawful sentences notwithstanding a waiver provision in a plea agreement.
The case also produced a notable concurrence from Justice Gorsuch, joined by Justices Sotomayor and Jackson, questioning the modern plea-bargaining system and the leverage prosecutors wield in securing guilty pleas and appellate waivers. Read more in this blog post.
New U.S. DOJ Antitrust Leadership Signals More Criminal Prosecutions and Longer Prison Sentences
Two weeks after a leadership shakeup in the U.S. Department of Justice (DOJ) Antitrust Division, Acting Deputy Assistant Attorney General for Criminal Enforcement Daniel W. Glad stressed in his first public remarks that the Division’s criminal enforcement program will remain highly active and that individuals involved in criminal antitrust offenses should continue to expect lengthy prison sentences. To drive home this message, Glad highlighted the fact that the Antitrust Division opened nearly 100 criminal investigations in FY 2025 and secured prison sentences that reflected more than a 1,200% increase in prison days imposed year-over-year. He cautioned that individuals who commit criminal antitrust offenses should “be aware that what’s on the line isn’t just a fine — it’s their … liberty.”
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