Did the Ninth Circuit err when it failed to find that sentencing errors that violated Mr. Abadam's Second Amendment rights 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 1. Did the Ninth Circuit err when it failed to find that sentencing errors that violated Mr. Abadam’s Second Amendment rights can amount to a "miscarriage of justice" allowing appellate review, even if there is a plea agreement containing an appellate waiver? A. Application of U.S.S.G. §2D1.1(b)(1) in this case is barred by the Second Amendment. B. Sentencing error in this case equates to a “Constitutional violation” and/or “miscarriage of justice” that justifies the disregard of the appellate waiver contained in the plea agreement. ii PARTIES Rodwick F. Abadam is the petitioner. The United States of America is the respondent. iii