whether-the-trial-court's-overt-consideration-of-the-existence-and-nature-of-an-appeal-waiver-prior-to-varying-upward-to-the-statutory-maximum-sentence-resulted-in-a-miscarriage-of-justice-and-a-procedurally-and-substantively-unreasonable-sentence?

QUESTION PRESENTED WHETHER THE TRIAL COURT’S OVERT CONSIDERATION OF THE EXISTENCE AND NATURE OF AN APPEAL WAIVER PRIOR TO VARYING UPWARD TO THE STATUTORY MAXIMUM SENTENCE RESULTED IN A MISCARRIAGE OF JUSTICE AND A PROCEDURALLY AND SUBSTANTIVELY UNREASONABLE SENTENCE? 1