Is a waiver of rights to appeal and to bring a collateral attack enforceable?

MultiRegion, United States of America

The following excerpt is from Castro v. United States, Case No.: 3:17-cr-00414-BEN-1, Case No.: 3:19-cv-00749-BEN (S.D. Cal. 2020):

"A defendant's waiver of his rights to appeal and to bring a collateral attack is generally enforced if '(1) the language of the waiver encompasses his right to appeal on the grounds raised, and (2) the waiver is knowingly and voluntarily made.'" Davies v. Benov, 856 F.3d 1243, 1246-47 (9th Cir. 2017). "Claims that the plea or waiver itself was involuntary or that ineffective assistance of counsel rendered the plea or waiver involuntary, however, may not be waived." Id. at 1247.

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