Fischer

MEMORANDUM **

Federal prisoner Terrance Fischer appeals pro se from the district court’s judgment dismissing his 28 U.S.C. § 2255 motion for post-conviction relief. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

Fischer plead guilty to ten counts related to the importing and distribution of drugs pursuant to a written plea agreement. Fischer’s plea agreement includes an enforceable waiver of his right to bring a § 2255 motion. See United States v. Abarca, 985 F.2d 1012, 1014 (9th Cir.1993). The waiver includes an exception for ineffective assistance of counsel claims; this court limits its review to those allegations for relief.

Fischer contends the prosecutor’s refusal to file a motion for a downward departure in sentencing was arbitrary. A prosecutor’s exercise of discretion in filing a motion for a downward departure in sentencing is arbitrary if the prosecutor’s decision was not rationally related to any legitimate governmental interest. See United States v. Murphy, 65 F.3d 758, 762 (9th Cir.1995). Fischer fails to show that the prosecutor’s decision was arbitrary. See id. Therefore, Fischer’s attorney did not provide deficient performance by…