Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence

QUESTION PRESENTED FOR REVIEW (1) Whether the Court of Appeals improperly denied Mr. Roberts of the statutory right to appeal his 70-month sentence by summarily granting a government motion to dismiss, where his plea agreement stated that both parties waive the right to appeal if the court “imposes the [87-month] sentence recommended by the parties,” but preserve the right to appeal if the court “does not impose the [87-month] sentence recommended by the parties”. ii