While the Third Circuit Could of Appeals has not provided a definitive list of situations that would amount to a miscarriage of justice, it has endorsed the view that only extraordinary situations suffice. SeeUnited States v. Phi Xin, 451 Fed.Appx. 115, 118 (3d Cir. 2011) (citing cases); see alsoUnited States v. Wilson , 429 F.3d 455, 458 (3d Cir. 2005) (stating that the "miscarriage of justice" concept is to be applied " ‘sparingly and without undue generosity’ ") (quoting United States v. Teeter , 257 F.3d 14 (1st Cir. 2001) ). The Third Circuit has stated that the reviewing court should evaluate waivers on a case-by-case basis, considering the error claimed by the defendant and such factors as: