punishment to the extent it constitutes an upward departure from the Sentencing Guideline range deemed most applicable by the court. Nothing in this paragraph shall act as a bar to the defendant’s perfecting any legal remedies he may otherwise have on appeal or collateral attack pertaining to claims of ineffective assistance of counsel or prosecutorial misconduct. Additionally, should the Court fail to sentence the defendant in accordance with the provisions of this plea agreement, his right to appeal the court’s sentence is preserved. This court has held that “[a]ny right, even a constitutional right, may be surrendered in a plea agreement if that waiver was made knowingly and voluntarily.” Ashe, 47 F.3d at 775-76; see also United States v. Fleming, 239 F.3d 761, 763-64 (6th Cir.2001) (<HOLDING>). A reading of the plea proceeding in this case
holding that a criminal defendant can waive important constitutional rights by entering into a plea bargain recognizing the right to waive a jury trial holding right to testify was federal constitutional right recognizing that a defendant in a criminal case may waive any right even a constitutional right by means of a plea agreement internal citation omitted holding criminal defendant does not have constitutional right to have guilty plea accepted by court