Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N)

QUESTION PRESENTED FOR REVIEW Mr. Ball entered a plea of guilty. He signed a plea agreement including a waiver of substantial aspects of his right to appeal. After he filed notice of appeal, the Eighth Circuit Court of Appeals dismissed the appeal based on the government’s motion invoking the waiver. The case presents the following questions. 1. Whether Mr. Ball can be held to his waiver under Fed. R. Crim. P. 11(b)(1)(N) when, rather than informing Mr. Ball of the extent to which he was waiving his right to appeal, the magistrate judge simply referred to the relevant plea agreement provision by page and paragraph number, and asked Mr. Ball if he understood it? 2. Whether allowing the enforcement of an appeal waiver to prevent review of oppressive supervised release conditions unrelated to Mr. Ball’s offense conduct would result in manifest injustice? i