Sawyer

*571 MEMORANDUM *

Neat Allen Sawyer appeals the district court’s dismissal of his 28 U.S.C. § 2255 motion challenging his guilty plea to “honest services mad fraud” under 18 U.S.C. §§ 1341 and 1346. We affirm the dismissal of his § 2255 motion because Sawyer’s plea agreement prohibits him from filing such a motion attacking his conviction or sentence.

Sawyer, a former prosecutor, misused his position as former Chief Deputy Director of the California Office of Criminal Justice Planning by attempting to influence state officials and agencies to take official actions that would benefit a corporation in which Sawyer had a personal financial interest. Sawyer’s plea agreement included a waiver of his right to appeal his conviction and sentence, including a waiver of any post-conviction attack. During the plea colloquy, the district judge asked Sawyer whether he understood the plea, but did not describe the waiver in such precise terms. Sawyer answered in the affirmative. Ultimately, he was sentenced to six months in prison, six months of house arrest with electronic monitoring, and three years of supervised release.

Generally, courts will enforce a waiver of the right to appeal if…