No. 25-7370October Term 2025Petition Pending
David Walter McCauley, Petitioner v. United States
David Walter McCauley asks the Supreme Court to review whether the government can rely on an appeal-waiver term in his plea agreement after it did not object when the trial judge told him he had a right to appeal.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Decision timing
- No decision timeline until the Court agrees to hear the case.
- What it's about
David Walter McCauley asks the Supreme Court to review whether the government can rely on an appeal-waiver term in his plea agreement after it did not object when the trial judge told him he had a right to appeal. The case is pending, and the Court has not yet decided whether to hear it.
Question presented
Whether the Government may enforce an appellate waiver in a plea agreement after failing to object when the district court advised the defendant that he had a right to appeal?
- Case path
United States Court of Appeals for the Fourth Circuit / Petition pending
- Area
Petition for review pending
Briefing
What it's about
David Walter McCauley asks whether the government can enforce an appeal-waiver term in a plea agreement after not objecting when a trial judge said he could appeal. The Supreme Court has not decided whether to hear the case.
Argument
The case has not been scheduled for oral argument. McCauley challenges enforcement of the appeal waiver after the government did not object to the judge's appeal advice.
Impact
The answer could affect defendants who agree to waive appeals in plea deals but later receive conflicting instructions from a judge. For example, it could determine whether a defendant may pursue an appeal after being told one is allowed.
What is at stake in McCauley v. United States?
The dispute is whether the government can enforce an appeal waiver after a judge told McCauley he had a right to appeal.
Who could be affected by the McCauley case?
Defendants with appeal waivers in plea agreements could be affected when judges give appeal instructions that conflict with those waivers.
What happens next in McCauley v. United States?
The Supreme Court will consider whether to hear the case. No oral argument has been scheduled.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 3, 2026
- Method
- Methodology