Does a defendant's waiver of appellate rights in a plea agreement remain enforceable when the Presentence Investigation Report applies an enhancement under § 2d1.1(b)(12) for maintaining premises for the purpose of distributing a controlled substance, even though the defendant's actions fall outside of the scope of § 2D1.1(b)(12) when the location for distribution is a legitimate operating pharmacy?

QUESTIONS PRESENTED FOR REVIEW Does a defendant's waiver of appellate rights in a plea agreement, which explicitly reserves the right to challenge the ; constitutionality of a statute and the applicability of the defendant's behavior under the statute, remain enforceable when the Presentence Investigation Report applies an. ; enhancement under § 2d1.1(b)(12) for maintaining premises for the purpose of distributing a controlled substance, even though the defendant’s actions fall outside of the scope of § 2D1.1(b)(12) when the location for distribution is a legitimate operating pharmacy? ii