Whether a gross miscalculation of the sentencing guideline range should be corrected where a defendant's appellate waiver does not preclude an appeal based on counsel's ineffectiveness and where the government failed to timely object to the defendant's untimely notice of appeal

QUESTION PRESENTED FOR REVIEW I. THIS COURT SHOULD GRANT CERTIORARI TO RESOLVE THE QUESTION OF WHETHER A GROSS MISCALCULATION OF THE SENTENCING GUIDELINE RANGE SHOULD BE CORRECTED WHERE A DEFENDANT’S APPELLATE WAIVER DOES NOT PRECLUDE AN APPEAL BASED ON COUNSEL’S INEFFECTIVENESS AND WHERE THE GOVERNMENT FAILED TO TIMELY OBJECT TO THE DEFENDANT’S UNTIMELY NOTICE OF APPEAL. LIST OF INTERESTED PERSONS The undersigned counsel of record certifies that the following listed persons have an interest in the outcome of this case. These representations are made in order that the judges of this court may evaluate possible disqualification or recusal: 1. Damian O’Neil Towne, defendant; 2. LaKeith Dentrell Smith, Theodore Dempsey Towne, Aubrey Knox, Jr., Princeton Scott Know, Kenneth O’Neal Knox, Catina Towne Henderson, Jessica Mariana Romero, Codefendants; 3. Michael L. Fondren and John William Weber, II, attorneys for Towne in district court; 4. Julie Ann Epps, attorney for Towne on appeal; 5. Annette Williams and Gaines Cleveland, Assistant US Attorneys for the Southern District of Mississippi; 6. Honorable Louis Guirola, Jr., II, USDC Judge; 7. Honorable Robert H. Walker, US Magistrate Judge. This, the 22" day of September, 2018. SJULIE ANN EPPS ATTORNEY FOR PETITIONER ii