DueProcess
I. Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing court relies on evidence outside of the case record (i.e., sua sponte recollection of evidence from a co-defendant's trial) without providing prior notice to the defendant?
II. If a challenge is permitted, is the Due Process Clause violated when evidence from outside the record is relied upon by the sentencing judge, especially without prior notice to the defendant?
Does a general appeal waiver in a plea agreement bar a criminal defendant from challenging a sentence on due process grounds when the sentencing court relies on evidence outside of the case record without providing prior notice to the defendant?