⚖ Oral Arguments, with Context

Damilola Kumapayi challenges the sentence imposed after he pleaded guilty to a wire-fraud conspiracy. The broader prosecution involved romance scams, fraudulent unemployment claims, and moving the proceeds through bank accounts. He received one hundred nine months in prison. His guilty plea distinguishes him from co-defendants who went to trial. To follow the argument, it helps to separate several legal questions. An appeal waiver is a promise in a plea agreement to give up certain appeals. In Hunter versus the United States, the Supreme Court recognized a narrow exception for sentencing errors so egregious that enforcing the waiver would undermine the justice system's integrity. Ordinary disagreements over sentencing calculations do not meet that standard. A separate question is harmless error: a procedural mistake does not require reversal if it did not affect substantial rights. You will also hear about the presentence report, or PSR, prepared by a probation officer to help the judge determine the sentence. It can contain sentencing calculations and information about victims' losses. Restitution is money ordered repaid to victims for legally attributable losses, not simply a measure of how much a defendant personally kept. Keep those questions distinct as you listen: whether an appeal can proceed, whether a sentencing error warrants correction, and what losses the law permits the judge to charge to the defendant.

United States v. Damilola Kumapayi (No. 25-40379) — U.S. Court of Appeals for the Fifth Circuit, argued November 2, 2026.