Can a defendant collaterally attack his sentence if he waives his right to file a Section 2255 Motion to appeal his sentence?
MultiRegion, United States of America
The following excerpt is from Rodriguez-Rodriguez v. United States, Case No.: 16-cr-0374-W, Case No.: 17-cv-0513 (S.D. Cal. 2018):
2. Petitioner waived his right to file a 2255 motion in the plea agreement. (See Plea Agreement XI.) However, a defendant may collaterally attack his sentence when the 2255 motion is based on ineffective assistance of counsel, as it relates to a plea agreement. Middleton v. United States, 46 F.3d 1143 at *1 (9th Cir. 1995).
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