Darlington Akporugo v. United States

An appeal waiver in a plea agreement may be set aside if the sentencing hearing was conducted without a minimum of civilized procedure or involved a blatant constitutional violation. Petitioner was sentenced based on factual allegations that were not disclosed before the sentencing hearing. The court of appeals dismissed petitioner’s appeal based on the appeal waiver in his plea agreement. The question presented is: Whether the failure to provide adequate notice of the factual basis for a sentence constitutes a miscarriage of justice sufficient to set aside an appeal waiver.