This Court has recognized that an appeal waiver in a plea agreement cannot bar a challenge when a conviction, or sentence, is based on "constitutionally impermissible factors." See, e.g., Menna v. New York, 423 U.S. 61 (1975) (guilty plea did not bar a challenge under the Double Jeopardy Clause).

The questions presented are:

1. Does a facially valid and credible good faith claim of a Double Jeopardy violation constitute a "constitutionally impermissible factor" which cannot be barred from challenge in a criminal appeal simply because the explicit waiver of appeal in a guilty plea agreement did not contain an exception for such a violation?

2. Where an appellate court grants a dispositive motion by the government to dismiss a criminal defendant's appeal because the plea agreement contains a waiver of the defendant's right to appeal her conviction and sentence, and the appeal asserts a violation of the Double Jeopardy Clause, does the order of dismissal, without opinion, explanation or reasons, deny the defendant due process of law and her right to present a complete defense, including the right to appeal the dismissal in order to secure a complete defense?

Does a facially valid and credible good faith claim of a Double Jeopardy violation constitute a 'constitutionally impermissible factor' which cannot be barred from challenge in a criminal appeal