Is a plea agreement that waives the right to file a petition under Section 2255 enforceable against an ineffective assistance of counsel claim?

MultiRegion, United States of America

The following excerpt is from United States v. Chavez, No. CR S-09-0540 GEB DAD P (E.D. Cal. 2013):

"itself," was "the very product of the alleged ineffectiveness," because "[t]o hold otherwise would deprive a defendant of an opportunity to assert his Sixth Amendment right to counsel where he had accepted the waiver in reliance on delinquent representation." Id. (quoting Jones v. United States, 167 F.3d 1142 (7th Cir. 1999) (holding that a plea agreement that waives the right to file a petition under 2255 is unenforceable with respect to an ineffective assistance of counsel claim that challenges the voluntariness of the waiver)).

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