Magueflor

MEMORANDUM ***

Daniel Magueflor appeals the denial of his 28 U.S.C. § 2255 motion by the district court, which found that Magueflor did not make an ineffective assistance of counsel (IAC) claim of the type that would invalidate the waiver of his right to appeal in his plea agreement. The court also found that even if Magueflor made an appropriate IAC claim, he suffered no prejudice since the court would have imposed consecutive sentences whether or not his lawyer raised the coneurrent/eonseeutive issue at sentencing. We review the district court’s factual findings for clear error and its rulings on the waiver and IAC issues de novo. See United States v. Christakis, 238 F.3d 1164, 1168 (9th Cir.2001); United States v. Bolinger, 940 F.2d 478, 479 (9th Cir.1991). We hold that Magueflor entered a valid waiver of his right to appeal in his plea agreement and that even if there had not been a valid waiver, his IAC claim fails due to lack of prejudice.

Magueflor contends that his state and federal sentences should run concurrently instead of consecutively, and that his lawyer inexcusably failed to advise him that consecutive sentences were a possibility or to argue for concurrent…