Can You Appeal After Pleading Guilty in Federal Court?

Pleading guilty does not always mean you give up your right to appeal. If you want to argue that the law you pleaded guilty to breaking is unconstitutional, you may still be able to raise that on direct appeal, unless your plea agreement waived it.

The Supreme Court made this clear in Class v. United States, 583 U.S. 174 (2018). The ruling did not break new ground, but it is a useful reminder that constitutional challenges can survive a guilty plea.

What Happened in Class v. United States

Rodney Class was charged in federal court in Washington, D.C., for having guns in his locked Jeep, which was parked in a lot on the grounds of the U.S. Capitol. He was charged under 40 U.S.C. § 5104(e)(1), which bans carrying a firearm "on the Grounds or in any of the Capitol Buildings." (For a different federal gun law, see our post on transporting firearms.)

Class asked the trial court to dismiss the charge. He argued the law violated the Second Amendment and that he had no fair notice guns were banned in that lot. He never denied having the guns there. The court denied his motion.

He then pleaded guilty in exchange for the government dropping related charges. His plea agreement waived several rights, but it said nothing about giving up the right to challenge the law itself as unconstitutional. Waivers like these are common. (Learn more about appeal waivers.)

Guilty Plea

On appeal, Class argued the law should be struck down. The U.S. Court of Appeals for the D.C. Circuit held his guilty plea barred those claims.

Even though Class had pleaded guilty, the Supreme Court agreed to hear his appeal, and it reversed, 6-3. It held that a guilty plea, by itself, does not bar a defendant from challenging the constitutionality of the statute of conviction on direct appeal. The Court relied on its decision fifty years earlier in Haynes v. United States, 390 U.S. 85 (1968), which said a guilty plea "did not . . . waive" the defendant's earlier constitutional claim. Nothing in Class's plea agreement waived his constitutional claims, either expressly or by implication.

The Court did not decide whether the Capitol gun law was constitutional; it held only that Class could raise the issue. Even so, it clearly preserved the right of defendants to raise constitutional issues on appeal despite a guilty plea.

Appealing After a Guilty Plea

Admitting the facts is not the same as admitting the government had the power to punish you for them. A defendant may accept the government's account of what happened without conceding that the government had valid grounds to convict him for it. That argument is what won in Class.

Still, take a guilty plea seriously. Talk with a lawyer and think through all your options before pleading guilty to any federal charge. Most plea agreements include waivers that can sharply limit what you can appeal. Read the waiver language carefully before you sign, and ask your lawyer what you are giving up.

That said, all hope may not be lost after a guilty plea. Many criminal justice reform supporters praised Class because it leaves the door open to a constitutional challenge for people who do not dispute the facts and plead guilty.

Deciding whether a statute is constitutional is a complex, many-layered process, and a constitutional challenge is not the easiest path to overturning a conviction. It should be planned carefully before you give up any other rights or your ability to appeal on other grounds.

Watch the clock, too. In a federal criminal case, the notice of appeal is generally due within 14 days after the judgment is entered, even after a guilty plea. FRAP 4(b)(1)(A). The judgment is the court's written order stating the conviction and sentence.

Facing a federal sentence? Book a consultation to talk it through with Brandon Sample.