Rule 11(b)(1)(N) of the Federal Rules of Criminal Procedure requires that a
district court conducting a plea colloquy inquire into the defendant's knowing and
voluntary waiver, or limited waiver, of the right to appeal from the sentencing decision
of the district court. In Class v. United States, 138 S. Ct. 798 (2018), the Court held
that where the guilty plea itself does not operate as a waiver of appeal from the
unconstitutionality of the conviction, the defendant maintains the right of appeal in
the absence of an express agreement waiving that right. Rule 11 has not been
amended to require that the district court address conviction appeal waivers. In
petitioner's case, the district court confirmed with petitioner his sentence appeal
waiver, but did not address the conviction appeal waiver and made no finding
regarding that waiver.

Is the petitioner's conviction appeal waiver valid absent any indication in the
plea colloquy that he understood and voluntarily agreed to the waiver?

Is the petitioner's conviction appeal waiver valid absent any indication in the plea colloquy that he understood and voluntarily agreed to the waiver?