Appealing a longer sentence
Pedro Jose Silva Ochoa v. United States
In brief
The Supreme Court sent Ochoa's case back for another look in light of Hunter, but did not decide whether his plea waiver barred his appeal.
- Where it stands
- Case remanded
Remanded · October 13, 2026
- What it’s about
- Ochoa disputed whether his plea waiver barred an appeal of a sentence above his defense’s proposed guideline range, including when the judge advised him of an appeal right without government objection.
- Who it affects
- The Eleventh Circuit must reconsider Ochoa's case in light of Hunter; the Supreme Court did not decide whether the waiver blocked his appeal.
Summary: written with AI from the case record.
What it's about
The Supreme Court agreed to hear the case, wiped out the Eleventh Circuit judgment (vacated it), and sent the case back (remanded it) for reconsideration in light of Hunter, without deciding the questions.
Ochoa's appeal waiver was part of his guilty plea; his dispute concerns which sentencing challenges the waiver covered.
Question presented
1. Whether a defendant’s challenge to a sentence exceeding the guideline range advocated by the defense at sentencing survived an appeal waiver that expressly recognized the defendant’s right to argue against guideline enhancements at sentencing and the waiver did not explicitly state that any resulting enhancements could not be appealed? 2. Whether an appeal waiver applies when the sentencing judge advises the defendant of the right to appeal without a government objection?
What the Court decided
Holding
Motion to proceed in forma pauperis and petition for a writ of certiorari granted. Judgment vacated and case remanded for further consideration in light of Hunter v. United States, 608 U. S. 713 (2026).
- Result
- Remanded
What's next
The Eleventh Circuit will reconsider Ochoa's case in light of Hunter v. United States.
Documents
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Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.