Can an appeal waiver executed at the time of a defendant's plea waive the right to appeal constitutional error occurring at sentencing months after execution of the appeal waiver? Does a defendant have a due process right to be sentenced by a judge who treats the sentencing guidelines as advisory and not mandatory? If so, does that right survive an appeal waiver?

QUESTION PRESENTED Can an appeal waiver executed at the time of a defendant’s plea waive the right to appeal constitutional error occurring at sentencing months after execution of the appeal waiver? Does a defendant have a due process right to be sentenced by a judge who treats the sentencing guidelines as advisory and not mandatory? If so, does that right survive an appeal waiver? i