Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the government to raise the waiver as a defense in its reply brief?

Questions Presented A. Whether a criminal defendant must raise the issue of nonapplicability of a waiver of appeal in his opening brief or whether it falls upon the government to raise the waiver as a defense in its reply brief? If the burden falls on the defense, what elements and standards should apply to a claim that the appeal is not precluded by the waiver of appeal? B. Whether a federal pretrial detainee’s rights to association under the First and Ninth Amendments, and remedies for violation of said rights, are claims that a defendant can raise on appeal after entering an unconditional guilty plea? Are such constitutional claims deemed waived and precluded from enforcement by a general waiver of appeal clause in a plea agreement? i