SCOTUS GVR in an appeal waiver case

Following up my post yesterday concerning appeal waivers in the wake of Booker, a lawyer e-mailed me the following note:

SCOTUS' most recent order list included a GVR on a Booker/appeal waiver case (Morris v. U.S., 04-9299) in which the cert petition (available for download below) argued in part that enforcing appeal waivers against Booker claims would effect a miscarriage of justice.  Being in the Third Circuit, I expect there will be a prompt remand for resentencing.  SCOTUS could easily have denied cert if it thought the appeal waiver issue to be a clear one.

Though I don't think one can draw a principle of law from a Supreme Court GVR, this news is still interesting (and the petition is a worthwhile read).

Download appeal_waiver_cert_pet.pdf