Whether the Supreme Court should recognize a 'miscarriage of justice' exception to a plea bargain appeal waiver for unanticipated due process and sentencing procedural violations

Presented Presented Presented 1. Should the U.S. Supreme Court recognize a “misca rriage of justice” exception to a waiver of appeal provision in a plea bargain for due process sentencing procedural violations (Rule 32 of the Ru les of Criminal Procedure, and Government’s violation of a proffer agreement) that took place after execution of the waiver and that could not have been anticipated by the defendant?