Whether an appeal waiver applies when the sentencing judge advises the defendant that he has the right to appeal and the government does not object

Whether an appeal waiver applies when the sentencing judge advises the defendant that he has the right to appeal and the government does not object. PARTIES INVOLVED Petitioner Terry Duane Qualls hereby certifies that the following parties have an interest in the outcome of this appeal: 1. Rudofsky, Hon. Lee P., United States District Judge. 2. Ross, Johnathon D., United States Attorney. 3. O'Leary, Erin, Assistant United States Attorney (District). 4. Hall, John Wesley, District Court Counsel for Petitioner. 5. Bright, Leslie, Assistant United States Attorney (Appellate). 6. Loken, Hon., United States Circuit Court Judge. 7. Erickson 8. Stras. No other parties have an interest in the outcome of this case. OPINIONS AND ORDERS The following are the opinions are orders relevant to this case: 1. Eighth Circuit Order Granting Government's Motion to Dismiss issued February 25, 2025. 2. Eighth Circuit's Mandate issued March 24, 2025. STATEMENT OF JURISDICTION On February 25, 2025, the United States Court of Appeals for the Eighth Circuit issued its Order granting the Government's motion to dismiss. On June 30, 2025, Associate United States Supreme Court Justice Kavanaugh extended the deadline to file the petition for a writ of certiorari to and including August 14, 2025. This Honorable Court has jurisdiction to hear this case pursuant to 28 U.S.C. 1254(1). CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED This case implicates the Fifth Amendment to the United States Constitution's guarantee that no person shall be deprive of liberty without due process of law based on the conflicting information from the district court and the Government regarding Petitioner's appeal rights. STATEMENT OF