Did the Ninth Circuit err when it failed to find that a sentencing error can amount to a 'miscarriage of justice' allowing appellate review even if there is a plea agreement containing an appellate waiver?

QUESTION PRESENTED FOR REVIEW I. Did the Ninth Circuit err when it failed to find that a sentencing error can amount to a “miscarriage of justice” allowing appellate review even if there is a plea agreement containing an appellate waiver? A. Because there is a circuit split as to the definition of circumstances warranting the disregard of an appellate waiver, this Court should grant certiorari. B. Because there is a circuit split as to how allegations of circumstances warranting the disregard of an appellate waiver are addressed, this Court should grant certiorari. C. Because unobjected to guideline error is “plain error” and because “plain error’ is indistinguishable from “miscarriage of justice,” guideline error should be held to be a miscarriage of justice allowing disregard of appellate waiver. ii PARTIES Carlos Benitez-Penalosa is the petitioner. The United States of America is the respondent. |