No. 25-7664October Term 2025Before Arguments
Angel Alejandro Pena, Petitioner v. United States
from the United States Court of Appeals for the Fifth 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 Fifth Circuit.
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 / Accepted by the Court
- Area
Supreme Court case awaiting argument
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
Pena is asking the Supreme Court to review whether an appeal waiver in his plea deal can block him from arguing that the law of conviction is unconstitutional. He says that question matters because the trial judge repeatedly assured him he could appeal that issue.
Argument
There is no merits decision or oral argument yet. Pena's petition says enforcing the waiver after the district court's repeated assurances created a manifest miscarriage of justice.
Impact
Appeal waivers are common in plea deals. This case could matter for defendants who plead guilty but still want to challenge whether a criminal statute is constitutional, especially when a judge's statements seem to preserve that appeal.
What is the core dispute in Pena v. United States?
Pena says his appeal waiver should not block a challenge to the statute's constitutionality after the trial judge repeatedly said he could appeal.
Who could be affected if the Court takes Pena's case?
People who plead guilty under agreements that limit appeals could be affected. So could judges and prosecutors handling cases where a defendant still wants to contest whether a criminal law is constitutional.
What happens next in Pena v. United States?
The justices must decide whether to hear the case. No oral argument is scheduled, and there is no set decision window yet.
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
- Jul 25, 2026
- Method
- Methodology