United States v. Lopez-Aguilar

BACHARACH, Circuit Judge.

This appeal grew out of a plea agreement in which the defendant waived his right to collaterally challenge his conviction. Despite the waiver, the defendant collaterally challenged the conviction under 28 U.S.C. § 2255 . The district court dismissed the challenge without ruling on the waiver, holding instead that the defendant's underlying claim failed on the merits. On appeal, the government defends this ruling, adding that we should also affirm based on the defendant's waiver of a collateral challenge.

The defendant doesn't question the enforceability or…