known right.” United States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (quotation marks omitted). A "promise” is similarly defined as "a person’s assurance that the person will or will not do something.” Black’s Law Dictionary 1406 (10th ed.2014). By waiving his right to appeal, Erwin relinquished that right; in so doing, he promised not to exercise it. 6 . Erwin does not dispute that, if he breached the agreement by filing an appeal, such breach was material. Nor could he: the breach defeated the parties' bargained-for objective and deprived the Government of a substantial part of its benefit. See Pittsburgh Nat’l Bank v. Abdnor, 898 F.2d 334, 338 (3d Cir.1990); see also Total Containment, Inc. v. Environ Prods., Inc., 921 F.Supp. 1355, 1416- 17 (E.D.Pa.1995) (<HOLDING>), aff'd in part, vacated in part on other
holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt holding that a district court may order restitution despite a settlement agreement holding that the appellants appeal of the jurys verdict was a material breach of the no appeals provision in the parties settlement agreement holding that a settlement agreement in which the parties failed to agree upon the terms of a release was unenforceable holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement agreement