I. Whether considerations of equal protection and due process required
the First Circuit to entertain Mr. Hayes' appeal where Mr. Hayes had
not challenged the enforceability of the appeal waiver until he
addressed the issue in his amended response brief, and where
legitimate claims of such violations, including the sentencing court's
failure to apply a minor role reduction were presented below.

II. Whether Ryan Hayes reasons to have the First Circuit review his
appellate waiver was appropriately reviewed on appeal using an
"abuse of discretion" standard.

Whether the First Circuit erred in affirming the denial of a role reduction and in failing to find a violation of due process and equal protection, based on the reasoning that the defendant forfeited his right to make these claims by failing to challenge the enforceability of the appeal waiver