The following excerpt is from United States v. Patterson, No. 2:12-cr-0437 TLN CKD P (E.D. Cal. 2017):
found that a waiver of the right to file a 2255 motion made pursuant to plea negotiations is enforceable except with respect to a claim that the waiver or plea was involuntary or that ineffective assistance of counsel renders the plea or waiver involuntary. See Washington v. Lambert, 422 F.3d 864, 870-71 (9th Cir. 2005) (plea agreement waiving the right to file a federal habeas petition is unenforceable with respect to an ineffective assistance of counsel claim challenging voluntariness of the waiver). Movant fails to argue, or point to facts suggesting, that any part of his plea or waiver of his right to file a 2255 motion was involuntary. Further, he does not allege he was subjected to ineffective assistant of counsel in any respect during the plea process.
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