Boniface

MEMORANDUM **

Federal prisoner Lewis Boniface appeals pro se the district court’s denial of his 28 U.S.C. § 2255 motion challenging his guilty plea conviction and sentence for one count of possession of ephedrine with intent to manufacture methamphetamine in violation of 21 U.S.C. § 841 (d)(1). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the denial of a § 2255 motion, United States v. Allen, 157 F.3d 661, 663 (9th Cir.1998), and we affirm.

The first issue upon which we granted a certificate of appealability is whether Boniface’s waiver of the right to file a 28 U.S.C. § 2255 motion is valid and enforceable. See United States v. Abarca, 985 F.2d 1012, 1014 (9th Cir.1992) (stating that a knowing and voluntary waiver is enforceable). The waiver does not apply where a defendant alleges that his sentence did not conform with his Fed. R.Crim.P. 11(e)(1)(C) plea agreement. See United States v. Serrano, 938 F.2d 1058, 1060 (9th Cir.1991). We therefore review *814 Boniface’s appeal in order to determine whether his sentence fails to comply with his Rule 11(e)(1)(C) plea agreement. See United States v. Portillo-Cano, 192 F.3d 1246, 1248, 1250 (9th…