Did the Ninth Circuit's disposition of Petitioner's request to recognize a miscarriage of justice exception to the appellate waiver doctrine conflict with the First Circuit's rule in Teeter and the Third Circuit's rule in Khattak?

QUESTION PRESENTED FOR REVIEW In the present case, the Ninth Circuit concluded — consistent with an approach that only the Fifth Circuit has adopted — that it would not recognize a miscarriage of justice exception to the appellate waiver doctrine in federal criminal cases. Contrarily, however, at least two federal courts of appeals — the First Circuit in United States v. Teeter, 257 F.3d 14, 25-26 (1* Cir. 2001), and the Third Circuit in United States v. Khattak, 273 F.3d 557 (3d Cir. 2001), have recognized broad miscarriage of justice exceptions to the doctrine. The question presented is as follows: Did the Ninth Circuit’s disposition of Petitioner’s request to recognize a miscarriage of justice exception to the appellate waiver doctrine conflict with the First Circuit’s rule in Teeter and the Third Circuit’s rule in Khattak? -prefix