United States v. Abel Fabian-Baltazar

707 F. App'x 477

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 14, 2017
• Docket: 15-16115
• Status: Unpublished

Opinion

MEMORANDUM **

The district court didn’t err by enforcing Fabian-Baltazar’s express waiver of his right to bring a 28 U.S.C. § 2255 petition. See United States v. Abarca, 985 F.2d 1012, 1014 (9th Cir. 1993). “(A] plea agreement that waives the right to file a federal habeas petition pursuant to 28 U.S.C. § 2255 is unenforceable with respect to an IAC claim that challenges the voluntariness of the waiver.” Washington v. Lampert, 422 F.3d 864, 871 (9th Cir. 2005). But, even construed liberally, Fabian-Baltazar’s pro se habeas petition didn’t challenge the voluntariness of his collateral appeals waiver. See Estelle v. Gamble, 429 U.S. 97, 106, 97 S.Ct 285, 50 L.Ed.2d 251 (1976).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3,