Swear on the Stand

← Swear on the Stand4 dagen geleden · 41 min

United States v. Nyandoro: Testing the Miscarriage of Justice Exception

United States v. Nyandoro: Testing the Miscarriage of Justice Exception4 dagen geleden41 min

<p>This episode addresses whether a defendant can bypass an <strong>appeal waiver</strong> following a <strong>Supreme Court remand</strong>. The defendant, Kenleone Joe Nyandoro, sought to challenge his conviction for <strong>firearm possession</strong> by an unlawful drug user, arguing the underlying statute was <strong>unconstitutional</strong>. Under the &quot;miscarriage of justice&quot; exception established in <em><strong>Hunter I</strong></em>, the court evaluated whether the alleged legal errors were <strong>obvious</strong> and <strong>egregious</strong> enough to undermine the judiciary&#39;s integrity. The court ultimately <strong>affirmed the original judgment</strong>, concluding that Nyandoro’s constitutional claims were not sufficiently clear to overcome his voluntary agreement to waive his right to appeal. Furthermore, the judges maintained that the district court properly denied his request to <strong>withdraw his guilty plea</strong> despite evolving legal precedents regarding the <strong>Second Amendment</strong>.</p>