No. 25-7544October Term 2025Petition Pending
Carlos Isaac Barrientos, Petitioner v. United States
Carlos Isaac Barrientos asks the Supreme Court to review whether his agreement to waive an appeal bars his challenge to his conviction or sentence.
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
Carlos Isaac Barrientos asks the Supreme Court to review whether his agreement to waive an appeal bars his challenge to his conviction or sentence. He argues that the sentencing judge told him he had a right to appeal and that the government did not object, raising a dispute over when an appeal waiver can be enforced.
Question presented
1. Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum. 2. Whether an appeal waiver applies when the sentencing judge advised the defendant that he has a right to appeal and the government did not object?
- Case path
United States Court of Appeals for the Fifth Circuit / Petition pending
- Area
Petition for review pending
Briefing
What it's about
Carlos Isaac Barrientos asks the Supreme Court to review when a defendant's agreement to give up an appeal can still allow an appeal. He points to the sentencing judge's statement that he had a right to appeal and the government's lack of objection.
Argument
The petition has been filed, and oral argument has not yet been scheduled. Barrientos argues that the Court should clarify the exceptions to general appeal waivers and whether a judge's appeal advice affects a waiver.
Impact
The case could affect defendants who signed appeal waivers but believe a sentencing error or court statement leaves a path to appeal. For example, it could determine whether a defendant may challenge a sentence after a judge says an appeal is allowed.
What is at stake in Barrientos v. United States?
The case asks when an appeal waiver blocks a defendant from challenging a conviction or sentence. It also concerns a judge's statement that an appeal is permitted.
Who could be affected by the Barrientos appeal-waiver dispute?
Federal criminal defendants who signed appeal waivers could be affected. So could prosecutors and courts deciding whether a later appeal may proceed.
When will the Supreme Court act in Barrientos v. United States?
Oral argument has not been scheduled. The Court may next take a scheduling action or decide whether to hear the case.
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