Whether the First Circuit erred in affirming the denial of a role reduction and in failing to find a violation of due process and equal protection, based on the reasoning that the defendant forfeited his right to make these claims by failing to challenge the enforceability of the appeal waiver

QUESTIONS PRESENTED This case before the First Circuit Court of Appeals, where the District Court affirmed the denial of applying a role reduction and in failing to find a violation of due process and equal protection, reasoning that Mr. Hayes forfeited his right to make these claims by failing to challenge the enforceability of the appeal waiver. United States v. Hayes, No. 20-2121, (Aug. 10, 2021, 1° Cir. 2022) (“Hayes”). The First Circuit reasoned that because the sentencing court stated that it “would have imposed the same sentence” even if it had considered defendant’s equal protection and due process arguments, “a clear and gross injustice” was not present sufficient for the First Circuit to exercise it’s discretion to review the sentence. See