
    UNITED STATES of America, Plaintiff-Appellee, v. Abel Heriberto FABIAN-BALTAZAR, AKA Abel Heriberto Fabia Baltazar, Defendant-Appellant.
    No. 15-16115
    United States Court of Appeals, Ninth Circuit.
    Argued and Submitted December 4, 2017 San Francisco, California
    Filed December 14, 2017
    
      Melanie Leigh Alsworth, Assistant U.S. Attorney, DOJ-USAO, Fresno, CA, for Plaintiff-Appellee
    Peggy Sasso, Esquire, FPDCA — Federal Public Defender’s Office (Fresno), Fresno, CA, for Defendant-Appellant
    Before: KOZINSKI and HURWITZ, Circuit Judges, and KEELEY, District Judge.
    
      
       The Honorable Irene M. Keeley, United States District Judge for the Northern District of West Virginia, sitting by designation.
    
   MEMORANDUM

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, 97 S.Ct 285, 50 L.Ed.2d 251 (1976).

AFFIRMED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3,
     