United States v. Abel Fabian-Baltazar , 707 F. App'x 477 ( 2017 )

FILED
NOT FOR PUBLICATION
DEC 14 2017
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-16115
Plaintiff-Appellee, D.C. Nos. 1:14-cv-00984-AWI
1:13-cr-00032-AWI-
v. BAM-1
ABEL HERIBERTO FABIAN-
BALTAZAR, AKA Abel Heriberto MEMORANDUM*
Fabia Baltazar,
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of California
Anthony W. Ishii, District Judge, Presiding
Argued and Submitted December 4, 2017
San Francisco, California
Before: KOZINSKI and HURWITZ, Circuit Judges, and KEELEY,**
District Judge.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The Honorable Irene M. Keeley, United States District Judge for the
Northern District of West Virginia, sitting by designation.
page 2
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 (1976).
AFFIRMED.