No. 25-7664October Term 2025Petition PendingUpdated Sep 3, 2026
Angel Alejandro Pena v. United States
Angel Alejandro Pena, Petitioner v. United States
Angel Alejandro Pena asks the Supreme Court to review the Fifth Circuit’s enforcement of an appeal waiver in his plea agreement.
Case status
- Current stage
- Petition Pending
- Latest event
- Petition pending
- Next
- Awaiting an order on the petitionNo decision timeline until the Court agrees to hear the case.
- What it's about
Angel Alejandro Pena asks the Supreme Court to review the Fifth Circuit’s enforcement of an appeal waiver in his plea agreement. He argues that enforcing the waiver was a manifest miscarriage of justice because the district court repeatedly told him he could appeal the constitutionality of the statute under which he was convicted.
Question presented
Whether enforcing the appeal waiver in the plea agreement—despite the district court’s repeated assurances that Pena could appeal whether the statute of conviction is constitutional—resulted in a manifest miscarriage of justice.
- Case path
United States Court of Appeals for the Fifth Circuit / Petition pending
- Area
Petition for review pending
Briefing
What it's about
Angel Alejandro Pena asks the Supreme Court to review enforcement of an appeal waiver in his plea agreement. He says the district court repeatedly told him he could appeal whether the law under which he was convicted is constitutional.
Argument
The petition is pending, and oral argument has not been scheduled.
Impact
The case could affect people who plead guilty under agreements limiting appeals but receive different instructions from a judge. For example, it could determine whether a defendant may appeal a constitutional challenge after being told that appeal remains open.
What's next
Watch for the Court to schedule oral argument or take another action on the petition. No decision window is available yet.
What is at stake in Pena v. United States?
The case asks whether an appeal waiver can block Pena's constitutional challenge after a judge repeatedly said he could bring that appeal.
Who could be affected by Pena's case?
Defendants who sign plea agreements limiting appeals could be affected when a court's statements suggest that a particular appeal is still allowed.
What happens next in Pena v. United States?
The petition remains pending. The next visible step could be oral-argument scheduling or another action by the Court.
Documents
Activity
Docket activity2
AI analysis generated: Case Briefing
Sep 3, 2026 | Generated
Brief added: Petition
Jun 22, 2026 | Court records
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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