Johnston

MEMORANDUM **

Jon Johnston, a state prisoner convicted of two counts of aggravated murder, appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . Johnston asserts a claim of ineffective assistance of counsel (IAC) in the negotiation of his plea and sentencing agreement, which included a waiver of his right to seek post-conviction and federal habeas corpus relief in exchange for the State’s commitment not to seek the death penalty. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

The State argues that Johnston’s state court waiver of the right to seek federal habeas relief precludes review of his § 2254 petition. However, Johnston’s federal habeas petition raises an IAC claim that challenges the validity of the waiver itself. “A plea agreement that waives the right to file a federal habeas petition pursuant to 28 U.S.C. § 2254 is unenforceable with respect to an IAC claim that challenges the voluntariness of the waiver.” Washington v. Lamport, 422 F.3d 864, 871 (9th Cir.2005). Because Johnston’s waiver *411 is unenforceable with respect to this claim, the district court had jurisdiction over the petition pursuant…