Mearing v. United States

Brief for the National Association of Criminal Defense lawyers as Amicus Curiae in Support of Petitioner (on petition for a writ of certiorari)

Brief filed: 10/05/2018


Mearing v. United States

United States Supreme Court; Case No. 18-288

Prior Decision

Decision below Case No. 18-4026 (4th Cir. May 29, 2018)


This case presents an important question of federal criminal procedure on which national uniformity is needed. Please agreement procedure is fundamental to modern criminal procedure. The increasing frequency of appellate waivers in plea agreements underscores the need for the Court’s intervention. The circuit split over the reach of appellate waivers warrants this court’s review. This case offers an appropriate vehicle for resolving an entrenched circuit split. The appellate waiver at issue is typical. The appellate waiver at issue is squarely presented for the Court’s review. 

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Christopher E. Babbitt and Helam Gebremariam, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC; Alan E. Schoenfeld, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY; Felicia H. Ellsworth and Christopher D. Dodge, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA; Jeffrey T. Green, NACDL, Washington, DC