The following excerpt is from Trap v. United States, Case No. 10cr912 BEN, Case No. 12cv1205 BEN (S.D. Cal. 2013):
In "q" Trap asserts that his attorney did nothing to disagree with the amount of restitution that the prosecution presented to the court. Because this claim does not concern his attorney's performance leading to the entry of the plea agreement and the collateral attack waiver, the claim is waived. Pruitt, 32 F.3d at 433; but cf. United States v. Tsosie, 639 F.3d 1213, 1217 (9th Cir. 2011) ("[A] defendant cannot waive his right to appeal a restitution order if, at the time he agrees to waive appeal, he is not given a reasonably accurate estimate of the restitution order to which he is exposed.") (emphasis added).
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