Is a waiver of the right to appeal enforceable by the Court of Appeal?

A waiver of the right to appeal is enforced by an appellate court "if the record 'clearly demonstrates' that the waiver was both knowing . . . and voluntary." United States v. Ready, 82 F.3d 551, 557 (2d Cir. 1996). Even if a plea agreement contains a mutual mistake in the applicable Guidelines range, moreover, the agreement is not a proper candidate for rescission where the agreement contains "express provisions with respect to the possibility of a mistaken prediction as to sentencing calculations." United States v. Rosen, 409 F.3d 535, 548 (2005).