No. 25-7569October Term 2025Before Arguments
Pedro Jose Silva Ochoa, Petitioner v. United States
from the United States Court of Appeals for the Eleventh Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Eleventh Circuit.
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?
- Case path
United States Court of Appeals for the Eleventh Circuit / Accepted by the Court
- Area
Criminal Procedure
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Pedro Jose Silva Ochoa is asking the Supreme Court to review when an appeal waiver (a plea deal promise not to appeal) blocks a challenge to a sentence. The petition focuses on a sentence above the recommended range the defense argued for and on whether a judge's statement that the defendant could appeal changes the waiver's effect.
Argument
No oral argument is scheduled. The petition asks whether a plea-based appeal waiver bars review when the defendant argued against sentence increases at sentencing or when the judge later said there was a right to appeal without a government objection.
Impact
The case could affect how much protection defendants keep after pleading guilty and signing appeal waivers. For example, a person who gets a longer sentence than the defense recommended may want to know if an appeal is still allowed.
What is Ochoa v. United States about?
It asks when an appeal waiver (a plea deal promise not to appeal) blocks review of a sentence. The petition focuses on a longer sentence than the defense urged and on a judge later saying the defendant could appeal.
Who could be affected if the Court takes this case?
Defendants who plead guilty and accept appeal waivers could be affected, along with prosecutors and trial judges. For example, someone sentenced above the range the defense supported may want to know whether an appeal is still possible.
What happens next in Pedro Jose Silva Ochoa v. United States?
The justices must decide whether to grant certiorari (agree to hear the case). No oral argument is scheduled, and no decision window is available yet.
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
- Aug 4, 2026
- Method
- Methodology