Notice of sentencing facts
Akporugo v. United States
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Darlington Akporugo says he was sentenced using factual allegations he had not been told about beforehand; the Fifth Circuit threw out his appeal under the waiver in his plea agreement.
- What's at stake
- Akporugo’s appeal remains thrown out under the plea-agreement waiver; the Supreme Court has not decided whether to review his case.
Summary: written with AI from the case record.
What it's about
The Supreme Court has distributed his petition for a conference, but has not confirmed that it will hear the case.
The dispute concerns whether a lack of notice about facts used at sentencing can let someone set aside a plea-agreement appeal waiver.
Question presented
Whether the failure to provide adequate notice of the factual basis for a sentence constitutes a miscarriage of justice sufficient to set aside an appeal waiver?
What happens next
The petition was distributed for the Court’s Nov. 13, 2026 conference. That does not mean the Court will agree to hear the case or guarantee an order date.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Brief added: Petition
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.