Can a defendant waive their right to appeal a reduced sentence under Section 3582(c) of the Criminal Code?

Tercero did not waive her right to appeal the reduced sentence. Although she did "agree to waive any right . . . to appeal any aspect of [her] sentence, including any orders relating to forfeiture and/or restitution," we have held that such a broad waiver does not encompass the right to appeal a 3582(c) decision. Lightfoot, 626 F.3d at 1095. Moreover, although Tercero expressly waived her right to bring a 3582 motion in her plea agreement, the government did not argue at the resentencing hearing that Tercero had waived this right. Thus, the government cannot rely on this provision to argue that Tercero's appeal is not properly before us. See Norwood v. Vance, 591 F.3d 1062, 1068 (9th Cir. 2010) ("It is well-established that a party can waive waiver implicitly by failing to assert it.") (internal quotation marks and citations omitted).