Kenleone Joe Nyandoro v. United States
1. Whether the only permissible exceptions to a general appeal waiver are for
claims of ineffective assistance of counsel or that the sentence exceeds the statutory
maximum.
2. Whether an appeal waiver applies when the sentencing judge advised the
defendant that he has a right to appeal and the government did not object.
3. Whether 18 U.S.C. § 922(g)(3), which prohibits possession of firearms by a
person who "is an unlawful user of or addicted to any controlled substance," violates
the Second Amendment as applied to an individual who did not admit that he was
intoxicated at the time of the firearm possession when he pleaded guilty.
4. Whether 18 U.S.C. § 922(g)(3)'s prohibition on firearm possession by "an
unlawful user" of "any controlled substance" is unconstitutionally vague or should be
construed in the narrowest manner possible to avoid unconstitutional applications.
5. Whether a claim of legal innocence premised on a post-plea but pre-sentencing change in precedent constitutes a "fair and just reason" to allow withdrawal of a
guilty plea under Federal Rule of Criminal Procedure 11(d)(2)(B).
6. Whether Congress may criminalize intrastate firearm possession based
solely on the firearm crossing state lines at some point before the defendant came to
possess it.
Whether the only permissible exceptions to a general appeal waiver are for claims of ineffective assistance of counsel or that the sentence exceeds the statutory maximum