1. Whether the right to due process on appeal is violated where, despite a criminal defendant-appellant's repeated invocations of the party presentation principle, an appellate court relies on a dispositive legal argument that was not presented by the government.

2. Whether, as an alternative to deciding the first question presented, the Court should grant certiorari, vacate the Second Circuit judgment, and remand the case in light of the recent party-presentation-related order in Clark v. Sweeney, 607 USS. -, 2025 WL 3260170 (2025).

3. Whether, as some circuit courts have held, a general appeal waiver set forth in a signed plea agreement does not apply to appellate claims of ineffective assistance of counsel, or whether, as the Second Circuit assumed in this case, and as other circuits have previously determined, appeal waivers that do not mention ineffective assistance of counsel claims may be interpreted to preclude such claims on appeal.

Whether the right to due process on appeal is violated when an appellate court relies on an argument not presented by the government, despite the party presentation principle