UNITED STATES of America, Plaintiff-Appellee, v. Braulio BARAJAS-ZARATE, Defendant-Appellant, 674 F. App'x 739

MEMORANDUM Braulio Barajas-Zarate appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. § 846. We dismiss. Barajas-Zarate challenges the district court’s denial of safety-valve relief under 18 U.S.C. § 3553(f). The government contends that this appeal is barred by a valid appeal waiver. We review de novo whether a defendant has waived his right to appeal. See United States v. Harris, 628 F.3d 1203, 1205 (9th Cir. 2011).

The terms of the appeal waiver in Barajas-Zarate’s plea agreement unambiguously encompass this appeal of his within-Guidelines sentence. See id. at 1205-06. Contrary to Barajas-Zarate’s contention, the record reflects that he knowingly and voluntarily waived his right to appeal. We decline to consider on direct appeal Barajas-Zarate’s claim that counsel was ineffective for failing to advise him of the scope of the waiver. See United States v. Rahman, 642 F.3d 1257, 1259-60 (9th Cir. 2011). Accordingly, we dismiss pursuant to the valid waiver. See Harris, 628 F.3d at 1207. DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.