UNITED STATES of America, Plaintiff-Appellee, v. Nelson GUTAMA-CRIOLLO, Defendant-Appellant, 468 F. App'x 810

MEMORANDUM Nelson Gutama-Criollo appeals from the 63-month sentence imposed following his guilty-plea conviction for conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. We have jurisdiction under 28 U.S.C. § 1291, and we dismiss. Gutama-Criollo contends that the district court erred in applying a two-level role enhancement, pursuant to U.S.S.G. § 3Bl.l(c). The valid and enforceable appeal waiver precludes our review of this contention. See United States v.

Watson, 582 F.3d 974, 987-88 (9th Cir.2009) (appellate waiver remains enforceable where the district court’s comments regarding right to appeal are qualified). DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.