context: As to his misearriage-of-justice claim that his appeal waiver was otherwise unlawful, defendant must show that the error "seriously affect[s] the fairness, integrity or public reputation of judicial proceedings." Defendant's arguments do not support the miscarriage-of-justice exception because his claims only concern the lawfulness of his sentence; he has not asserted any claim regarding the critical issue of whether his appeal waiver was itself unlawful.
citation_a.signal: see
citation_a.parenthetical: "The relevant question ... is not whether [defendant's] sentence is unlawful ..., but whether ... his appeal waiver itself [is] unenforceable."
citation_a.sentence: See United States v. Porter, 405 F.3d 1136, 1144 (10th Cir.), cert. denied, — U.S. -, 126 S.Ct. 550, 163 L.Ed.2d 466 (2005) (“The relevant question ... is not whether [defendant’s] sentence is unlawful ..., but whether ... his appeal waiver itself [is] unenforceable.”); see also Hahn, 359 F.3d at 1326 & n. 12 (discussing knowing and voluntary prong and recognizing “the logical failings of focusing on the result of a proceeding, rather than on the right relinquished, in analyzing whether an appeal is unknowing or involuntary”). Indeed, to hold that alleged errors under the sentencing guidelines render an appeal waiver unlawfiil would nullify the waiver based on the very sort of claim it was intended to waive. Nor has defendant otherwise shown that enforcement of the waiver would seriously affect the fairness, integrity, or public reputation of the judicial proceedings.
citation_b.signal: see also
citation_b.parenthetical: discussing knowing and voluntary prong and recognizing "the logical failings of focusing on the result of a proceeding, rather than on the right relinquished, in analyzing whether an appeal is unknowing or involuntary"
citation_b.sentence: See United States v. Porter, 405 F.3d 1136, 1144 (10th Cir.), cert. denied, — U.S. -, 126 S.Ct. 550, 163 L.Ed.2d 466 (2005) (“The relevant question ... is not whether [defendant’s] sentence is unlawful ..., but whether ... his appeal waiver itself [is] unenforceable.”); see also Hahn, 359 F.3d at 1326 & n. 12 (discussing knowing and voluntary prong and recognizing “the logical failings of focusing on the result of a proceeding, rather than on the right relinquished, in analyzing whether an appeal is unknowing or involuntary”). Indeed, to hold that alleged errors under the sentencing guidelines render an appeal waiver unlawfiil would nullify the waiver based on the very sort of claim it was intended to waive. Nor has defendant otherwise shown that enforcement of the waiver would seriously affect the fairness, integrity, or public reputation of the judicial proceedings.