Whether a plea agreement that includes a general appellate waiver bars a direct appeal when a defendant has pled guilty to conduct that was not criminal

QUESTION PRESENTED Plea agreements often include a general waiver of the right to appeal. Circuits are divided over whether the inclusion of such a term bars a defendant from bringing a direct appeal of a conviction, when a subsequent controlling judicial decision has held that the conduct to which the defendant pled guilty was not a crime. The Second, Third, and Fourth Circuits hold that an appeal may proceed. In the decision below, a divided panel of the D.C. Circuit joined the Seventh and Ninth Circuits in holding that it may not. Does a plea agreement that includes a general appellate waiver foreclose a direct appeal when a defendant has pled guilty to conduct that was not criminal? @) (ii)