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

Question Presented Whether a criminal defendant must raise the issue of an appeal waiver in his opening brief or whether it falls upon the government to raise the waiver as a defense in its reply. Il. List of Proceedings 1. United States District Court for the District of Puerto Rico, Criminal Case 19-cr-150 (FAB), USA v. Gonzalez-Lunar et al., Judgment was entered on 5/24/2021 (Docket Entry “DE” 303); and, 2. United States Court of Appeals for the First Circuit, Appeal 21-1485, United States v. Luis Alberto MarcanoGodoy, Judgment was entered on 9/18/2023 (Entry ID: 6592051). -ii Ill.