Can a defendant waive his right to appeal his conviction and sentence under Section 2255 of the Criminal Code?

Plaintiff argues that defendant nonetheless waived this claim when he agreed not to attack his conviction or sentence under 2255 as a term of his plea bargain. See United States v. Nunez, 223 F.3d 956, 958 (9th Cir. 2000) ("Generally, courts will enforce a defendant's waiver of his right to appeal if (1) the language of the waiver encompasses the defendant's right to appeal on the grounds claimed on appeal, and (2) the waiver is knowingly and voluntarily made.").

However, "such waivers are not absolute," as "a defendant may not be able to waive a claim of ineffective assistance of counsel based on counsel's erroneously unprofessional inducement of the defendant to plead guilty or accept a particular plea bargain." U.S. v. Witts, 2011 WL 6056908, *1 (E.D. Cal. Dec. 6, 2011) (internal quotation marks omitted), citing United States v. Pruitt, 32 F.3d 431, 433 (9th Cir. 1994).