I.
Are appeal waivers presented in federal criminal plea agreements an
unconstitutional overreach by the Government preventing review of
constitutional questions [raised in the appeal] at the Appellate Division
in violation of due process guaranteed by the Fifth and Fourteenth
Amendments?
Subpart A: Can a plea containing an appeal waiver ever be
knowing and voluntary where the defendant is "bargaining" for
prospective sentencing favor of a Government who is not bound
to perform (thus illusory), and
Subpart B: Where he is not counseled by a defense pursuing any
constitutional protections or mitigation?

II.
Should [claims outside the waiver including IAC] be limited to "face of
record" standard where that precludes review of failure to act or false
inducement not appearing in the record, insulating failure by defense
counsel to protect or fully advise, as well as illusory inducements, on
direct review?

Are appeal waivers in federal criminal plea agreements unconstitutional?