The following excerpt is from U.S. v. Lugo-Hernandez, 26 F.3d 134 (9th Cir. 1994):
1 This claim is not necessarily precluded by the waiver of the right to appeal. See United States v. Arbara, 985 F.2d 1012, 1024 (9th Cir.) (waiver of appeal does not categorically foreclose a claim of ineffective assistance of counsel), cert. denied, 113 S.Ct. 2980 (1993).
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