Can a plea agreement that contains a waiver of appeal bar a direct appeal of a conviction and/or sentence based on a statute that this Court later ruled is unconstitutional and has retroactive application?

QUESTION PRESENTED Can a plea agreement that contains a waiver of appeal bar a direct appeal of a conviction and/or sentence based on a statute that this Court later ruled is unconstitutional and has retroactive application? The Ninth Circuit’s decision in this case conflicts with controlling Supreme Court precedents and creates a circuit split with the Fourth and Sixth Circuits, among other things. ii