Miscarriage of Justice
Finding that errors concerning alleged due process violations may amount to a miscarriage of justice and invalidate an appellate waiver. U.S. v. Khattak 273 F.3d 557 (3d Cir. 2001)
As we explained in our decision in Cristin, 281 F.3d at 412, a “fundamental miscarriage of justice” will remove the bar on claims that have been procedurally defaulted, and actual innocence will show such a fundamental miscarriage of justice.